New York Property Condition Disclosure Statement: What Westchester County Home Sellers Need to Know in 2026
By RealtorTom | Westchester County Real Estate
If you are preparing to sell a home in Westchester County, one document deserves careful attention before your buyer signs a contract: the New York State Property Condition Disclosure Statement, commonly called the PCDS.
The PCDS is not simply another piece of paperwork in the closing process. For many sales of one-to-four-family residential property in New York, state law requires the seller to complete and deliver the disclosure statement to the buyer or buyer's agent before the buyer signs a binding contract of sale.
For Westchester homeowners, the form can raise very practical questions.
What if your basement took on water several years ago but the problem was repaired? What if a pipe froze and burst? What if you have a sump pump, septic system, private well or former heating-oil tank? What if you do not know whether an older improvement has the appropriate municipal documentation? What if your property contains wetlands or appears on a FEMA flood map?
Those are exactly the kinds of questions that make it important to understand what the PCDS is — and equally important to understand the limits of a real estate agent's role when legal questions arise.
Important Disclosure Before We Begin
I am a licensed real estate professional, not an attorney.
This article is provided for general educational and informational purposes concerning the New York State Property Condition Disclosure Statement and residential real estate transactions in Westchester County.
It is not legal advice and should not be treated as a legal interpretation of how the PCDS applies to a particular homeowner, property or transaction.
If you do not understand a question on the PCDS, are uncertain how a particular event or property condition should be addressed, or have questions concerning your legal disclosure obligations, those questions should be discussed with a qualified New York real estate attorney.
My role as a Realtor is to help sellers understand where the disclosure process fits into the home sale, help keep the transaction organized and recognize when a question should be directed to an attorney or another qualified professional.
What Is the New York Property Condition Disclosure Statement?
The Property Condition Disclosure Statement is part of New York's Property Condition Disclosure Act, contained in Article 14 of the New York Real Property Law.
New York generally defines covered residential real property as property improved by a one-to-four-family dwelling used or intended to be used as a residence.
The statutory definition excludes certain property types, including condominium units, cooperative apartments, unimproved land where a dwelling is intended to be constructed and certain homeowners-association property not owned by the seller in fee simple.
There are also statutory exemptions for certain types of transfers. These may include some court-ordered transfers, foreclosure-related transfers, estate or fiduciary transfers, certain transfers among co-owners or family members, governmental transfers and other circumstances specified by New York law.
Whether an exemption applies to a particular transaction should be confirmed with the seller's attorney.
For a covered, nonexempt sale, the seller completes and signs the PCDS and causes it, or a copy of it, to be delivered to the buyer or buyer's agent before the buyer signs a binding contract of sale.
Official source:
New York Real Property Law §462.
The Old $500 Credit Is No Longer an Alternative
Longtime New York homeowners may remember a very different system.
Under the former law, when a seller failed to provide the disclosure statement before the buyer signed the contract, the buyer generally received a $500 credit against the purchase price at closing.
That provision was removed from New York law.
This matters because older websites, articles and advice passed among homeowners may still refer to the $500 credit as though a seller can simply decide not to complete the PCDS.
That information is outdated.
The current New York Department of State Property Condition Disclosure Statement became the required form beginning July 1, 2025.
Official resources:
New York Department of State Real Estate Forms
and
New York Real Property Law Article 14.
What Does "Actual Knowledge" Mean for a New York Home Seller?
This may be the most important concept in the entire disclosure process.
New York Real Property Law defines "knowledge" for purposes of the Property Condition Disclosure Act as the seller's actual knowledge of a defect or condition.
The state form reinforces that standard. Sellers are instructed to answer the questions based upon their actual knowledge.
The form also provides an Unknown response when the seller genuinely does not know an answer and an N/A response when a question does not apply.
New York law does not require a seller to undertake a new inspection or investigation of the property merely for the purpose of completing the PCDS.
This creates an important distinction.
A seller is being asked what the seller actually knows.
The seller is not being asked to become a home inspector, engineer, surveyor, environmental consultant or attorney.
At the same time, a seller should not guess at an answer or use "Unknown" for something the seller actually knows.
If you know the facts but are uncertain about the legal meaning of those facts or how a question should be answered, that is an appropriate issue to discuss with your attorney.
The PCDS Looks at the History of the Property — Not Just How the House Looks Today
A Westchester home can look beautiful during a showing while still having a complicated history.
The current PCDS contains 56 numbered questions addressing numerous aspects of a property.
Among the subjects covered are:
- Ownership and occupancy
- Easements and property-use rights
- Certificates of occupancy
- Flood information
- Flood insurance and previous claims
- Wetlands
- Fuel-storage tanks
- Environmental conditions
- Water damage
- Roofing
- Pests
- Structural components
- Water supply
- Septic or sewer systems
- Drainage
- Sump pumps
- Foundations
- Heating and cooling systems
That is why sellers should not race through this document.
Think about the house over the years you have owned it.
Think about repairs, water problems, improvements, inspections, testing, insurance claims and systems that may have failed and later been replaced.
If you reach a question that you do not understand from a legal standpoint, speak with your attorney rather than attempting to interpret the law yourself.
Westchester Weather Can Create Property Problems Very Quickly
Water-related conditions deserve particular attention in Westchester County because homeowners in the Northeast can experience a wide range of weather throughout the year.
Westchester can experience prolonged freezing temperatures, winter storms, nor'easters, severe summer thunderstorms, tropical storms, remnants of hurricanes, high winds, heavy rainfall, localized flooding and extended power outages.
These conditions can affect homes in very different ways.
Severe cold can freeze water pipes.
Heavy rainfall can overwhelm drainage around a property.
A prolonged power outage can prevent a sump pump from operating.
Wind can damage trees, roofs and exterior structures.
A tropical system or severe thunderstorm can produce significant rainfall and water intrusion.
Westchester County maintains information concerning flooding and local flood hazards through its Planning Department and GIS resources.
Westchester resource:
Westchester County Flooding Information.
A Frozen Pipe Can Become a Major Property Emergency
I have seen firsthand how quickly winter weather can affect a Westchester home.
In one situation, extremely cold weather caused a water pipe in a home to freeze and burst.
The resulting water damage was extensive.
What had been an ordinary house became a serious property emergency in a very short period of time.
This is important because a burst pipe is very different from a river overflowing or coastal storm surge, yet it can still cause substantial water damage inside a home.
The practical lesson for a seller is to remember the history of the property rather than simply looking at its condition today.
If you know that a significant water event occurred but are unsure how the repaired condition should be addressed on the PCDS, discuss that question with your attorney.
When the Power Goes Out, a Sump Pump Can Stop Too
I experienced another situation involving a home whose sump pump stopped operating during a power outage while the owners were away.
Without the sump pump functioning, approximately a foot of water accumulated in the basement, creating an immediate cleanup situation.
That illustrates something many homeowners do not think about until it happens.
A basement may remain dry for years because a sump pump is doing exactly what it was installed to do.
A power failure, pump failure or unusually large amount of incoming water can change that situation quickly.
The PCDS addresses sump pumps, drainage and certain forms of standing water and water damage.
Again, the Realtor should not determine the seller's legal answer. But an experienced agent can help recognize when a property-history issue should be raised with the attorney or another appropriate professional.
Flood History and FEMA Flood Zones Are Related — But They Are Not the Same Thing
This distinction is particularly useful for Westchester sellers and buyers to understand.
The PCDS asks several flood-related questions involving FEMA flood designations, flood insurance, previous flood claims, federal flood assistance, elevation certificates, drainage, standing water and certain forms of water penetration.
A seller's knowledge of what actually happened at the property is one source of information.
A FEMA flood map is another.
A home can also experience water damage for reasons completely unrelated to being inside a traditional river or coastal floodplain.
A burst pipe, failed sump pump, unusual drainage condition or intense localized thunderstorm can also cause water damage.
Buyers should therefore independently investigate flood exposure and should not rely exclusively on how dry a basement appears on the day of a showing.
Wetlands Are Another Westchester Property Issue Worth Understanding
The current PCDS asks whether any or all of a property is located in a designated wetland.
This can be particularly relevant in parts of Westchester where homes sit near streams, ponds, wooded areas or other environmentally sensitive land.
Wetland regulations and mapping have changed in New York, so homeowners should not necessarily assume that information they remember from many years ago remains current.
For a deeper discussion, read my related guide:
New York Wetland Rules 2026: What Property Owners Need to Know
If you encounter a wetlands question on the PCDS and genuinely do not know the answer, remember that the state form provides an "Unknown" response.
Questions concerning the legal significance of wetlands or how the facts apply to a particular transaction should be directed to the seller's attorney and the appropriate governmental or environmental professionals.
Private Wells Are Particularly Important in Parts of Westchester
Westchester is not one uniform suburban housing market.
A house in New Rochelle, White Plains or lower Westchester can have very different infrastructure from a property in Bedford, Katonah, Lewisboro, Pound Ridge, North Salem or another northern Westchester community.
Private wells are a good example.
According to the Westchester County Department of Health, approximately 6% of Westchester residents are served by private wells.
Westchester County also has requirements involving private well testing in connection with covered property sales.
The PCDS itself asks about the property's water source and includes questions concerning water testing.
Westchester County resource:
Westchester County Department of Health.
This is a good example of how selling a home in Westchester may involve both a statewide disclosure law and additional county or local requirements.
Septic Systems Require Their Own Attention
The same geographic differences apply to septic systems.
The PCDS asks a seller to identify the type of sewage system serving the property and contains additional questions involving septic systems or cesspools.
In northern Westchester especially, this may be a much more important part of the transaction than it would be for a home connected to a municipal sewer system.
If you have pumping records, service records, inspection reports or documentation of repairs to a septic system, keeping that information organized can help the professionals involved in the transaction understand the property's history.
Questions concerning a seller's legal disclosure obligations should still be addressed with the seller's attorney.
Certificates of Occupancy and Property Improvements
Another area addressed by the PCDS involves certificates of occupancy.
This is particularly relevant in Westchester because many homes have changed significantly over the decades.
A home may have an addition, deck, pool, finished basement, converted room or other improvement completed by either the current owner or a previous owner.
That does not mean every improvement automatically represents a problem.
It does mean that property records deserve attention.
Westchester contains numerous separate cities, towns and villages. Municipal building and property records are therefore generally handled through the municipality where the property is located rather than through one universal Westchester County building department.
For sellers, identifying questions about improvements early in the process is generally easier than discovering an issue after a buyer has already made an offer.
The PCDS Is Not a Home Inspection
This point is important for both sellers and buyers.
The New York disclosure statement specifically states that it is not a warranty by the seller or the seller's agent and is not a substitute for inspections or tests.
The form encourages buyers to obtain independent professional inspections, environmental testing and review of public records.
A seller could therefore answer every question truthfully based upon actual knowledge and a buyer's inspector could still discover something that the seller genuinely did not know.
Those two things are not necessarily inconsistent.
The seller is providing information based upon actual knowledge.
The inspector is independently evaluating the property.
What Happens If a Seller Learns Something New Before Closing?
The PCDS is not necessarily a document that can be completed and then forgotten.
New York Real Property Law §464 addresses circumstances in which a seller acquires information that makes a previously delivered disclosure statement materially inaccurate.
Under the statute, a revised disclosure may be required as soon as practicable before the statutory cutoff at transfer of title or buyer occupancy.
Consider a situation in which the PCDS has already been completed and then a major storm occurs before closing.
If something happens that could affect information previously provided on the disclosure, the seller should involve the attorney rather than independently deciding whether the disclosure must be changed.
Official source:
New York Real Property Law §464.
What Happens If Disclosure Requirements Are Not Followed?
This is an area where it is particularly important not to overstate the law.
New York Real Property Law §465 provides for liability involving a seller's willful failure to perform requirements of Article 14 and preserves other existing legal or equitable remedies.
That does not mean that every defect discovered after closing automatically proves that a seller committed fraud.
It also does not mean every disagreement gives a buyer an automatic right to rescind a transaction.
Those are legal conclusions dependent upon the facts of a particular situation and should be evaluated by attorneys.
For sellers, the practical lesson is much simpler:
Take the PCDS seriously, answer it carefully and seek legal guidance when something is unclear.
Official source:
New York Real Property Law §465.
What Is the Real Estate Agent's Role With the PCDS?
New York law specifically addresses the real estate agent's role.
A listing agent must timely inform the seller of the seller's obligations under Article 14.
A buyer's agent — or the seller's agent when dealing with an unrepresented buyer — must timely inform the buyer of the buyer's rights and obligations under the Act.
The PCDS also makes an important distinction:
The representations contained in the disclosure statement are the seller's representations — not the real estate agent's.
That is why I do not believe a Realtor should sit beside a seller and make legal decisions about how the seller should answer the form.
The Realtor helps manage the real estate transaction.
The seller provides the information.
The attorney provides legal advice.
Inspectors, engineers, environmental professionals, contractors and other specialists provide expertise within their respective areas.
A successful transaction depends upon those roles working together.
Official source:
New York Real Property Law §466.
Preparing Your Westchester Home Before It Goes on the Market
The PCDS is only one part of preparing a home for sale.
Before listing, sellers should look at their property objectively and start identifying issues that may deserve attention before photography, showings, inspections and contract negotiations begin.
For a broader discussion of seller preparation, read:
Thinking About Selling Your Westchester County Home?
The connection between preparing a house for sale and completing the PCDS is important.
Preparing a home for the market should never mean attempting to hide a known problem.
Cleaning, painting, landscaping and improving presentation are normal parts of preparing a property for sale.
Questions concerning disclosure of a known property condition should be addressed with the seller's attorney.
A Practical PCDS Approach for Westchester Sellers
When you receive the Property Condition Disclosure Statement, do not treat it as something that needs to be completed in five minutes.
Read it carefully.
Think about the history of your property.
Think about repairs, inspections, testing and improvements.
Think about water incidents.
Think about systems that have failed and subsequently been repaired or replaced.
Pull together records that may help you remember what happened and when.
Answer based upon your actual knowledge.
If you genuinely do not know something, recognize that the form provides an Unknown response.
If something does not apply, the form provides N/A.
And if the issue is not whether you know a fact but rather what that fact means legally, stop and ask your attorney.
Frequently Asked Questions About the PCDS in Westchester County
Is the Property Condition Disclosure Statement required in Westchester County?
For many covered sales of one-to-four-family residential real property, yes. The requirement comes from New York State Real Property Law, not from a separate Westchester County PCDS statute. Certain property types and transfers are excluded or exempt.
Can a New York seller still give the buyer $500 instead of completing the PCDS?
The former statutory $500-credit provision was removed. Sellers should not rely on older information describing the $500 credit as an alternative to the current disclosure requirement.
Does a seller have to inspect the house before completing the PCDS?
Article 14 does not require a seller to conduct a new inspection or investigation solely in order to complete the disclosure statement. The seller answers based upon actual knowledge.
What if the seller does not know an answer?
The current form provides an Unknown response. If the seller knows the underlying facts but does not know how those facts should legally be treated on the form, the seller should consult an attorney.
Does the PCDS replace the buyer's home inspection?
No. The state form expressly says that the disclosure is not a warranty and is not a substitute for inspections, tests or review of public records.
Does the PCDS ask about flooding?
Yes. The form includes multiple questions involving flood designations, flood insurance, prior claims, federal assistance, elevation certificates, drainage, standing water and certain forms of water penetration.
Does the PCDS ask about wetlands?
Yes. The form includes a question concerning whether any or all of the property is located in a designated wetland.
Are private wells important when selling a Westchester home?
Yes, particularly in communities where homes rely on private water. Westchester County has requirements involving private well testing in connection with covered property sales.
What if something happens to the house after the PCDS has been signed?
If the seller later acquires information that makes the previously delivered statement materially inaccurate, New York law addresses when a revised disclosure must be provided. Sellers facing this situation should immediately speak with their attorney.
Should my Realtor tell me how to answer the PCDS?
The listing agent is responsible for informing the seller about the seller's obligations, but the representations on the PCDS are the seller's. Questions concerning legal interpretation of the form or how particular facts should be disclosed should be directed to the seller's attorney.
Selling a Home in Westchester County? Build the Right Team Early
A Westchester home sale can involve much more than putting a sign in the yard and entering a property into the MLS.
Depending upon the property, questions may involve building records, certificates of occupancy, private wells, septic systems, wetlands, flood exposure, title matters, inspections, repairs and disclosures.
The strongest transactions are often the ones where important issues are identified and addressed early rather than being discovered at the last possible moment.
If you are considering selling a home in Westchester County and want a knowledgeable, trustworthy real estate professional who understands how to coordinate the moving parts of a residential sale, contact RealtorTom.
I have represented both buyers and sellers and have handled transactions where unexpected property conditions required quick communication, coordination and problem solving.
My job is not to replace your attorney, inspector or contractor.
My job is to help manage the real estate process, keep the transaction moving and help make sure important issues reach the appropriate professional.
Whether you are selling in New Rochelle, White Plains, Mamaroneck, Rye, Pelham, Bedford, Katonah, Lewisboro or another Westchester County community, good preparation can make a complicated process considerably easier.
Thinking About Selling Your Westchester County Home?
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Legal and Educational Disclaimer
I am a licensed real estate professional and not an attorney.
This article is provided for general informational and educational purposes concerning residential real estate, the New York Property Condition Disclosure Statement and home sales in Westchester County.
Nothing contained in this article is intended as legal advice, a legal opinion or a determination of how New York law applies to a particular property or transaction.
Real estate laws, regulations, forms and individual circumstances can change or may require interpretation based upon specific facts.
Buyers and sellers with questions concerning their legal rights or obligations, completion or interpretation of the PCDS, disclosure of a particular condition, contract provisions, potential liability or the application of New York law should consult a qualified New York real estate attorney.
A real estate professional can provide guidance concerning the real estate process, but legal questions should be directed to an attorney.
