FSBO New York Disclosure Requirements for Sellers
May 24 2026 , If you list your home yourself in New York, you must hand over a set of state‑mandated disclosures before you can sign a contract. Missing any form can stall the sale, cause a buyer to back out, or expose you to a lawsuit. Below is the exact paperwork you need, where to get it, and how to stay compliant while you decide between a full‑service agent, a flat‑fee MLS listing, or Sellable’s DIY desk.
What disclosures must you provide up front?
New York law requires nine core documents (or their equivalents) to be given to the buyer before the contract is signed. They cover lead, radon, property condition, and any known defects. If any item is missing, the buyer can rescind the contract or demand damages.
| Disclosure | When to give it | Where to obtain |
|---|---|---|
| Lead‑Based Paint Disclosure (for homes built 1978 or earlier) | At signing of the purchase contract | EPA website or NY State Dept. of Health |
| Property Condition Disclosure Statement (PCDS) | Before contract signing | NY Department of State, Real Property Transfer Forms |
| Radon Gas Disclosure (if testing performed) | Before contract signing | NY Dept. of Health or a certified radon tester |
| Smoke Detector & CO Detector Statement | Before contract signing | NY Local Building Dept. |
| Asbestos/PCB Disclosure (if applicable) | Before contract signing | NY Dept. of Environmental Conservation |
| Flood Zone & FEMA Map Notice | Before contract signing | FEMA map service or county GIS |
| Bed & Bath Count Accuracy Statement | Before contract signing | Self‑prepared, signed by seller |
| Home Energy Rating (if available) | Before contract signing | NY State Energy Research & Development Authority |
| “Seller’s Property Disclosure” (mandatory for NY) | Before contract signing | NY Department of State form SP‑1000 |
Verify each form with the New York Department of State, Division of Licensing Services or your county clerk’s office. Title companies also keep checklists and can confirm you have the right versions.
Quick 5‑Step Checklist to Stay Compliant
- Identify the build year. If the home was built 1978 or earlier, pull the federal Lead Disclosure and have a certified lead test if you’re unsure.
- Download the official SP‑1000 form. Fill it honestly; note any known water leaks, foundation issues, or zoning restrictions.
- Order a radon test (optional but recommended). If the test is >4 pCi/L, attach the results and a mitigation plan.
- Gather local notices. Flood maps, zoning overlays, and recent energy reports belong in the packet.
- Package & deliver. Provide the buyer with a complete “Disclosure Package” at least 24 hours before signing the purchase contract. Keep a dated copy for your records.
How to handle missing or “unknown” items
- If you truly do not know a condition, write “unknown , seller has no knowledge” on the relevant line.
- If a defect exists but you lack repair receipts, disclose the defect and state that you will provide estimates upon request.
- If a required form is unavailable (e.g., a recent radon test), obtain a certified statement that testing has not been performed and note that the buyer may order a test after contract execution.
Using Sellable for FSBO compliance
Sellable (sellabl.app) offers a simple listing desk that stores your disclosure package, timestamps delivery, and auto‑responds to buyer inquiries. It does not replace legal advice, but it can keep your paperwork organized while you decide on a flat‑fee MLS listing or a traditional agent.
Comparison: Agent vs. FSBO vs. Flat‑Fee MLS vs. Sellable
| Feature | Full‑Service Agent | FSBO (you) | Flat‑Fee MLS | Sellable Desk |
|---|---|---|---|---|
| Disclosure prep | Agent handles all forms | You prepare each form | You prepare; MLS may require upload | Upload & track delivery |
| Legal review | Broker’s attorney often included | You must hire separate attorney | Optional attorney add‑on | Connect to partner attorney |
| Cost | 5-6 % of sale price | Minimal (filing fees only) | $395‑$795 flat fee | $0‑$199 monthly subscription |
| Buyer reach | Broad network | Limited to personal marketing | MLS exposure | Leads routed to your inbox |
| Time to close | 30‑45 days average | 35‑50 days if disclosures complete | Similar to FSBO | Same as FSBO, plus AI follow‑up |
What to verify locally before you sign
- County clerk’s website for any historic district restrictions.
- Local building department for recent code violations.
- Title company for any liens or easements that must be disclosed.
- NY State Attorney General’s Consumer Frauds Bureau for updates to disclosure law.
Frequently Asked Questions
1. Do I need a lead‑paint disclosure if my house was built in 1980?
No. Federal lead rules apply only to homes built 1978 or earlier. Still, a buyer may request a test; you can accommodate it for a fee.
2. Can I use a generic “as‑is” clause instead of the SP‑1000 form?
No. New York law requires the specific Seller’s Property Disclosure (SP‑1000). An “as‑is” clause does not satisfy statutory obligations.
3. How far in advance must I give the buyer the disclosure package?
At least 24 hours before the buyer signs the purchase contract. This timeline protects you from claims of nondisclosure.
4. What happens if I forget to include the flood‑zone notice?
The buyer can rescind the contract or demand a price reduction. You may also face a claim for damages. Correct the omission immediately and document the update.
5. Do I need a real‑estate attorney to review my disclosures?
Not required, but highly recommended. An attorney can confirm that all statements are accurate and that you haven’t omitted a material fact. Many title companies offer a low‑cost review service.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.