Buffalo ByOwnerHub.comBlogBuffalo Home Seller Disclosure Requirements (2026)
Legal Guide7 min read

Buffalo Home Seller Disclosure Requirements (2026)

Published October 2, 2025

New York Property Condition Disclosure Statement

New York Real Property Law §462 requires sellers of 1–4 family residential properties to provide a Property Condition Disclosure Statement to buyers.

$500 Credit Option: Sellers may instead give the buyer a $500 credit at closing in lieu of the form. Many WNY sellers choose this, but buyers may view it negatively — consult your attorney.

The form (if completed) covers:

  • Structural components (foundation, roof, walls)
  • Plumbing, electrical, HVAC
  • Water source and sewage type
  • Environmental hazards (lead, asbestos, radon, underground tanks)
  • Flood zone status
  • Legal matters (easements, violations, litigation)
  • Lead Paint — Critical in Buffalo

    Buffalo has one of the most significant lead paint challenges in the state. The City of Buffalo has strict lead paint ordinances — disclosure for pre-1978 homes is required federally, and local inspections may be triggered for rentals. For a sale, the federal disclosure requirement applies.

    New York Attorney Requirement

    New York requires a real estate attorney for all closings. The attorney drafts the purchase contract (there's no standard form in NY — each attorney uses their own). Budget $1,200–$1,800 for WNY attorney fees.

    New York Transfer Taxes

  • State transfer tax: 0.4% of sale price
  • Erie County: No additional county transfer tax
  • Mansion tax: 1% on sales $1M+ (less common in Buffalo)
  • On a $270,000 sale: state transfer tax of approximately $1,080.

    Download NY disclosure forms and find flat fee WNYMLS services.

    Ready to sell FSBO in Buffalo?

    Free disclosures and MLS comparison — all on one page.

    Go to Buffalo ByOwnerHub.com →