(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.
Structure New York Laws
Article 8 - Conveyances and Mortgages
240 - Definitions and Use of Terms.
240-B - Certain Conveyances Authorized; Effect Thereof.
240-C - Joint Tenancy Severance.
241 - Ancient Conveyances Abolished.
242 - Disclosure Prior to the Sale of Real Property.
243 - Grant of Fee or Freehold.
244 - When Grant Takes Effect.
245 - Estate Which Passes by Grant or Devise.
246 - Certain Deeds Declared Grants.
247 - Conveyance by Tenant for Life or Years of Greater Estate Than Possessed.
248 - Effect of Conveyance Where Property Is Leased.
252 - Lineal and Collateral Warranties Abolished.
253 - Construction of Covenants in Grants of Freehold Interests.
254 - Construction of Clauses and Covenants in Mortgages and Bonds or Notes.
254-A - Right of Election of Mortgagee in Certain Cases.
254-B - Limitation on Late Charges.
254-C - Right to a Copy of Real Property Appraisals and Consumer Reports in Certain Cases.
254-D - Fees by Mortgagee for Direct Payment of Real Property Taxes by Mortgagor Prohibited.
255 - Construction of Grant of Appurtenances and of All the Rights and Estate of Grantor.
257 - Covenants Bind Representatives of Grantor and Mortgagor and Inure to the Benefit of Whom.
258 - Short Forms of Deeds and Mortgages.
260 - Lands Adversely Held May Be Conveyed or Mortgaged.
261 - Maintenance of Telegraph or Other Electric Wires Raises No Presumption of Grant.
265 - Fraudulent Intent, Question of Fact.
265-A - Home Equity Theft Prevention.
265-B - Distressed Property Consulting Contracts.
266 - Rights of Purchaser or Incumbrancer for Valuable Consideration Protected.
267 - Conveyances With Power to Revoke, Determine or Alter.
268 - Disaffirmance of Fraudulent Act by Executor and Others.
269 - When Remainderman May Pay Interest Owed by Life Tenant.
270 - Powers of Courts of Equity Not Abridged.
271 - Construction of Covenants in Mortgages on Leases of Real Property and Bonds or Notes.
272 - Construction of Grant of Appurtenances, and All of the Rights and Estate of the Mortgagor.
273 - What Form of Mortgage on Lease of Real Property.
274 - Transfers and Mortgages of Interest in Decedents' Estates.
274-A - Certificate of Principal Amount Unpaid on Mortgages of Real Property.
275 - Certificate of Discharge of Mortgage Required.
276 - Effect of Certain Easements on the Right to Invest in Mortgages.
277 - Modification and Extension of Mortgage Investment.
277-A - Powers of Fiduciaries and Others Holding Guaranteed Mortgages or Mortgage Investments.
278 - Exchange of Mortgage Investment.
278-A - Sale or Exchange of Certain Real Property or Mortgage Investments Therein Authorized.
279 - Graduated Payment Mortgage.
280 - Reverse Mortgage Loans for Persons Sixty Years of Age or Older.
280-A - Reverse Mortgage Loans for Persons Seventy Years of Age or Older.
280-B - Federal Home Equity Conversion Mortgage Regulation.
280-D - Federal Home Equity Conversion Mortgage Default and Foreclosure Regulation.