| Forms | Buyer(s) | Seller(s) |
| **Note: Buyers and Sellers in New York must be informed about all of these forms during the real estate transaction. Forms are in Adobe Acrobat .pdf format. If you do not have the Acrobat Reader, you can download it free at: http://get.adobe.com/reader/ | Some or all of these forms may be executed by Buyer(s) in a purchase transaction. | Some or all of these forms may be executed by Seller(s) when listing and selling. |
| Consumer Choices – This form explains your choices for representation in purchasing or selling real estate in New York. | Buyer MUST be advised of representation options in writing at first meeting to locate/purchase property. | Seller MUST be advised of representation options in writing at first meeting to list property for sale. |
| Fair Housing Laws in New York State Website. Federal, State and local Fair Housing Laws provide comprehensive protections from discrimination in housing. It is unlawful for any property owner, landlord, property manager or other person who sells, rents or leases housing, to discriminate based on certain protected characteristics, which include, but are not limited to race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status. Real estate professionals must also comply with all Fair Housing Laws. | Federal, State and local Fair Housing Laws provide comprehensive protections from discrimination in housing. | Federal, State and local Fair Housing Laws provide comprehensive protections from discrimination in housing. |
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Listing Agreement, Exclusive Right to Sell – This is the most common type of listing agreement used in New York.
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Most common form of listing, with listing broker being compensated no matter who brings buyer. | |
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Purchase Offer Agreement – Used for residential real estate purchases prior to attorney-prepared contract of sale.
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Drafted by Buyer and Agent for presentation to Seller(s). | Reviewed by Seller and either accepted as presented or a Counter-Offer prepared. |
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Property Condition Disclosure Statement
Disclosure to Buyer Disclosure to Seller Provided to inform parties of NYS Real Property Law §462(2). |
Disclosure statement ensures that Buyer knows a signed property condition disclosure should be provided by the Seller prior to contract signing. | Disclosure statement ensures that Seller knows of obligation to provide signed property condition disclosure to Buyer prior to contract signing. |
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Property Condition Disclosure Statement –
Provided to prospective Buyer to disclose known property defects. Seller has option not to provide and give a $500.00 credit to Buyer at closing. |
Buyer typically receives this during negotiation process but must receive prior to contract signing. Should supplement with inspections. | Seller fills out at time of listing the property with advice of attorney. |
| Lead Paint Disclosure AND Lead Disclosure Pamphlet – Every purchaser of any interest in residential real property on which a dwelling was built prior to 1978 must be notified that such property may present exposure to lead from lead-based paint per 42 U.S.C. 4852d | Buyer required to sign form and receive any applicable reports from seller prior to contract signing. | Seller required to complete form and provide to Buyer with any applicable reports prior to contract signing. |
