N.Y. Real Property Law § 242: Disclosure prior to the sale of real property

§ 242. Disclosure prior to the sale of real property. 1. (a) Any

person, firm, company, partnership or corporation offering to sell real

property to which no utility electric service is provided shall provide

written notice to the prospective purchaser or to the prospective

purchaser's agent, clearly indicating this fact. Such notice shall be

provided prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to

a violation of this section is entitled to recover any actual damages

incurred from the person offering to sell said real property.

(c) The provisions of this subdivision shall not apply in instances

where the real property being sold lies within the applicable free

footage allowance or service lateral specified by the public service

commission in rule, regulation or public utility tariff.

2. Disclosure prior to the sale of real property to which utility

surcharge payments attach. (a) Any person, firm, company, partnership or

corporation offering to sell real property against which an electric,

gas or water utility surcharge is assessed for the purpose of defraying

the costs associated with an electric, gas or water line extension, or

for the purpose of defraying the costs associated with related

facilities, shall provide written notice to the prospective purchaser or

the prospective purchaser's agent, stating as follows: "This property is

subject to an electric, gas and/or water utility surcharge". In

addition, such notice shall also state, the type and purpose of the

surcharge, the amount of the surcharge and whether such surcharge is

payable on a monthly, yearly or other basis. Such notice shall be

provided by the seller prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to

a violation of this subdivision is entitled to recover any actual

damages incurred from the person offering to sell or selling said real

property.

3. Any person, firm, company, partnership or corporation offering to

sell real property on which uncapped natural gas wells are situated, and

of which such person, firm, company, partnership or corporation has

actual knowledge, shall inform any purchaser of the existence of these

wells prior to entering into a contract for the sale/purchase of such

property.

4. Disclosure prior to the sale of real property to which a green

jobs-green New York on-bill recovery charge applies. (a) Any person,

firm, company, partnership or corporation offering to sell real property

which is subject to a green jobs-green New York on-bill recovery charge

pursuant to title nine-A of article eight of the public authorities law

shall provide written notice to the prospective purchaser or the

prospective purchaser's agent, stating as follows: "This property is

subject to a green jobs-green New York on-bill recovery charge". Such

notice shall also state the total amount of the original charge, the

payment schedule and the approximate remaining balance, a description of

the energy efficiency services performed, including improvements to the

property, and an explanation of the benefit of the green jobs-green New

York qualified energy efficiency services. Such notice shall be provided

by the seller prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to

a violation of this subdivision is entitled to recover any actual

damages incurred from the person offering to sell or selling said real

property.