What Do Sellers Have to Disclose in Orange County, NY? The Property Condition Disclosure Explained

By Ammar Iqbal | Real Estate Salesperson, eXp Realty

One of the most common questions I hear from sellers in Orange County, NY is, "What do I have to tell buyers about my house?" New York has clear rules on this, and they changed in 2024. Here is a simple overview so you know what to expect before you list. I am based in Middletown, and you can learn more about the area in my Middletown, NY neighborhood guide.

The Property Condition Disclosure Statement

Under New York's Property Condition Disclosure Act, sellers of most one- to four-family homes must give buyers a Property Condition Disclosure Statement before the buyer signs a contract. The form asks about things like:

• The roof, foundation, plumbing, electrical and heating systems
• Water source and sewer or septic system
• Past water in the basement, flooding and flood zone status
• Environmental issues, such as underground fuel tanks
• Permits, additions and other changes to the home

What changed in 2024

For many years, New York sellers could skip the form by giving the buyer a $500 credit at closing. That option ended in March 2024. Today, most sellers must fill out and deliver the form. The newer version also asks more about flood risk and flood history, which matters in parts of Orange County near rivers and streams.

Do you have to inspect your own home?

No. You answer based on what you actually know. You are not required to hire an inspector before listing. But you should be honest and complete. If you are not sure about something, "unknown" is an allowed answer, but it should be true. If you know about an issue, disclose it.

Other disclosures to know

• Lead paint. Homes built before 1978 require a federal lead-based paint disclosure.
• Open permits. Old open permits can slow down a sale. See my guide to open building permits in Orange County.
• Exemptions. Some transfers, such as certain estate, foreclosure and court-ordered sales, are exempt. Your attorney can confirm what applies to you.

In New York, attorneys usually handle the contract. My post on working with a real estate attorney in Orange County explains their role.

Why honest disclosure helps you

A clear disclosure builds trust and can prevent problems after the buyer's inspection. It also helps you price the home right from the start. Buyers will see the home on the market next to other Middletown homes for sale, so being upfront about condition helps your home compete fairly. For more preparation steps, read my guide to selling a home in Middletown, NY.

Thinking about selling?

Start with a free home value estimate. If you have questions about your disclosure form or what to fix before listing, contact me. I am happy to walk you through it. This post is general information, not legal advice, so always review your form with your attorney.