Putnam County Home Sellers: NY Property Condition Disclosure and Flood Questions
What must home sellers in Putnam County, NY disclose to buyers?
Sellers of one to four family homes in Putnam County must give buyers a signed Property Condition Disclosure Statement, including flood questions, before the buyer signs a binding contract. The $500 credit option is gone.
You are getting ready to list a house in Mahopac, Carmel, Putnam Valley or another Putnam County town. A buyer's agent asks for the Property Condition Disclosure Statement, and you realize the form asks about floodplains, flood insurance and standing water. You are not sure what you have to say, or what happens if you leave something out.
New York changed the rules in 2024, and Putnam County sellers with lake, stream or hillside properties should understand them before the first showing. This guide explains who has to complete the form, when it is due, what the flood questions ask, and what the law says about your liability. It is general information, not legal advice, so your attorney should review your specific situation.
Who Must Complete the Property Condition Disclosure Statement in Putnam County
The basic rule
Under Section 462 of the New York Real Property Law, a seller of residential real property must complete and sign a Property Condition Disclosure Statement, often called the PCDS. The seller must deliver it to the buyer or the buyer's agent before the buyer signs a binding contract of sale. A copy signed by both seller and buyer is attached to the purchase contract.
Residential property means a one to four family dwelling used or intended as a home. That covers most Putnam County single family homes, lake cottages and two family houses.
What is not covered
The statute excludes unimproved land, condominium units, cooperative apartments and homeowners association property that the seller does not own in fee simple. The law also lists transfers that do not require the form, including transfers by a fiduciary administering an estate, trust or guardianship, transfers to a spouse or lineal descendants, foreclosure transfers, and newly built homes that have never been lived in.
An "as is" sale does not skip the form
The statute says nothing in the article prevents buyers and sellers from agreeing to an "as is" sale. It does not exempt "as is" sales from the disclosure requirement. If your Putnam County home is being sold as is, the PCDS is still part of the process unless one of the listed exemptions applies.
The $500 Credit Is No Longer an Option
For years, many New York sellers skipped the form by giving the buyer a $500 credit at closing. That practice ended when the amended form took effect on March 20, 2024. Sellers can no longer substitute the credit for the PCDS.
Real estate licensees must also tell sellers and buyers about their obligations and rights under the law before the buyer signs a binding contract. That is why your listing agent should raise the form at the listing appointment, not when an offer arrives.
The Flood Questions on the New York Form
What the form asks
The current statutory form includes a series of flood questions. According to the text of Section 462, they ask whether:
- any part of the property is in a FEMA designated floodplain;
- any part is in the Special Flood Hazard Area, the 100 year floodplain, on FEMA's current maps;
- any part is in a moderate risk flood hazard area, the 500 year floodplain;
- federal law requires you to carry flood insurance;
- you, or a previous owner you know of, received FEMA, SBA or other federal disaster flood assistance;
- flood insurance is in place, in which case a copy of the policy is attached;
- a FEMA elevation certificate is available, in which case a copy is attached;
- you have ever filed a flood damage claim with an insurer, including through the National Flood Insurance Program.
Other questions on the form ask whether flooding, drainage or grading problems have caused standing water, and whether the structure has had water penetration or damage from seepage or a natural flood event such as heavy rainfall or river overflow. Those questions matter for Putnam County homes near lakes, streams and wetlands, and for houses on sloped lots where runoff reaches the foundation.
How to find your flood zone
FEMA says its Flood Map Service Center has an Address Search feature that finds the effective Flood Insurance Rate Map for a location, and you can save or print the result. If the search returns "unmapped," FEMA has not published a flood map for that area. Printing the result before you list gives you a record of what the map showed on the day you completed the form.
What "Actual Knowledge" Means for Sellers
The form instructs sellers to answer every question based on their actual knowledge. It is a statement of conditions known to you, not a warranty and not a home inspection. The statute does not require you to investigate or search public records before you answer.
Actual knowledge still covers what you have seen and lived with. If water came into the basement during a heavy storm two springs ago, the form asks you to say so, even if you repaired the problem.
If something changes before closing
If you learn something that makes a statement you already delivered materially inaccurate, you must deliver a revised statement as soon as practicable. That duty ends once title transfers or the buyer occupies the property, whichever comes first.
Seller Liability Under the Current Law
Reporting on the 2023 amendments explains that a seller is liable only for a willful failure to perform the requirements of the article, and in that case owes the buyer actual damages along with any other existing remedy.
The practical takeaway for Putnam County sellers is simple. The form is no longer a formality you can buy your way out of, and a willful failure to meet the requirements can lead to a claim for damages. Complete it carefully and keep your supporting records, such as insurance claim paperwork, repair invoices and the FEMA map printout.
A Practical Checklist Before You List
- Look up your flood zone on the FEMA Map Service Center and save the result.
- Gather your insurance records. Find your homeowners policy, any flood policy and any past claim paperwork.
- Walk the property after rain. Note standing water, drainage problems and damp areas in the basement or crawl space.
- Collect repair documents. Invoices for sump pumps, waterproofing and regrading show what was done and when.
- Complete the form before you go live. Have it ready so your agent can provide it to a buyer's agent before any contract is signed.
- Ask your attorney to review it. Your attorney can confirm how the answers fit your contract and your situation.
Frequently Asked Questions About Seller Disclosure in Putnam County
Do I have to fill out the Property Condition Disclosure Statement in Putnam County?
If you are selling a one to four family home, yes, unless a statutory exemption applies. Exemptions include certain estate, trust, foreclosure and family transfers, and newly built homes that have never been inhabited.
When does the buyer have to receive the form?
The seller must deliver the statement to the buyer or the buyer's agent before the buyer signs a binding contract of sale. A signed copy is then attached to the contract.
Can I still give the buyer a $500 credit instead?
No. That option ended when the amended form took effect on March 20, 2024. Sellers can no longer use the credit as a substitute for completing the statement.
Does selling a house "as is" change my disclosure duty?
Not by itself. The law allows "as is" agreements, but the disclosure article does not exempt them. Unless a listed exemption applies, the form is still required.
What flood information do I have to disclose?
The form asks about FEMA floodplain status, 100 year and 500 year flood hazard areas, federal flood assistance, flood insurance, elevation certificates and past flood claims. It also asks about standing water and water penetration.
Do I have to research my property before answering?
No. Answers are based on your actual knowledge, and the statute does not require you to investigate or search public records. You still need to answer honestly about what you know, including past problems you repaired.
What if I learn something new after I deliver the form?
If new knowledge makes the statement materially inaccurate, you must deliver a revised statement as soon as practicable. That duty ends when title transfers or the buyer occupies the home, whichever happens first.
What happens if a seller leaves out something on purpose?
The law makes sellers liable for a willful failure to meet the requirements, and the buyer can recover actual damages along with other existing remedies. Talk to your attorney about how this applies to your sale.
Talk to a Local Expert
Steven Scarnati, a licensed real estate salesperson with Real Broker NY LLC, grew up in Mahopac and helps sellers and buyers across Putnam County, Westchester County, Dutchess County and Fairfield County, CT. If you are planning to sell, he can walk you through the disclosure process, line up your records and help you price the home with the full picture in mind. Reach him at stevescarnatihomes@gmail.com or (845) 661-3469.
Schedule a consultation with Steve Scarnati.
This article is general information, not legal, tax or financial advice. Laws and forms change, and your situation may differ. Consult a New York real estate attorney about your own transaction.
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