New York S 5772: Establishes the right to inspection of residential real properties

Bill Text

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S05772 Summary:

BILL NOS05772 

&nbsp

SAME ASSAME AS A04883

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SPONSORMAY

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COSPNSRSUTTON

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MLTSPNSR

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Amd Art 14 Art Head, §461, add §468, RP L

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Establishes the right to inspection of residential real properties, condominium units, and cooperative apartments.

Go to top S05772 Actions:

BILL NOS05772 

&nbsp

02/28/2025REFERRED TO JUDICIARY

05/20/20251ST REPORT CAL.1203

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO JUDICIARY

04/15/2026RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS05772 Committee&nbspVotes:

Go to topS05772 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05772 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5772

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to establishing the
 right to inspection of residential real properties

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The article heading of article 14 of the real property law,
 2 as added by chapter 456 of the laws of 2001, is amended to read as
 3 follows:
 4 PROPERTY CONDITION DISCLOSURE AND RIGHT TO INSPECTION
 5 IN THE SALE OF RESIDENTIAL REAL
 6 PROPERTY
 7 § 2. Section 461 of the real property law is amended by adding a new
 8 subdivision 7 to read as follows:
 9 7. "Inspection" mean the process by which a home inspector observes
 10 and provides, pursuant to the transfer of title of residential real
 11 property, condominium units, or cooperative apartments, a written evalu-
 12 ation of the following readily accessible components of the residential
 13 structure including, but not limited to, heating, cooling, plumbing and
 14 electrical systems, structural components, foundation, roof, masonry
 15 structure, exterior and interior components and any other related resi-
 16 dential housing components and, for the purposes of condominium units
 17 and cooperative apartments, any associated common areas.
 18 § 3. The real property law is amended by adding a new section 468 to
 19 read as follows:
 20 § 468. Right to inspection. 1. Notwithstanding any law to the contra-
 21 ry, except as otherwise provided in this section, a prospective purchas-
 22 er of residential real property, a condominium unit, or a cooperative
 23 apartment shall have the right to have such residential real property, a
 24 condominium unit, or a cooperative apartment inspected by a home inspec-
 25 tor licensed under article twelve-B of this chapter, within ten days, or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09168-01-5

 S. 5772 2

 1 longer as the seller and prospective purchaser may agree in writing, of
 2 the seller's acceptance of an offer to purchase made by the prospective
 3 purchaser.
 4 2. (a) No seller of residential real property, a condominium unit, or
 5 a cooperative apartment, or agent thereof, shall condition the accept-
 6 ance of an offer to purchase on the prospective purchaser's agreement to
 7 waive, limit, restrict or otherwise forego the prospective purchaser's
 8 right to have such residential real property, a condominium unit, or a
 9 cooperative apartment inspected except when the sale of the residential
 10 real property, condominium unit, or cooperative apartment is to occur at
 11 an auction.
 12 (b) No seller shall accept an offer to purchase from any prospective
 13 purchaser or agent thereof who, in advance of the seller's acceptance of
 14 the offer, informs the seller either directly or indirectly that the
 15 prospective purchaser intends to waive in whole or in part the prospec-
 16 tive purchaser's right to inspection; provided, however, that the seller
 17 may accept such an offer without violating this section if the prospec-
 18 tive purchaser is: (i) the spouse, sibling, child, parent, grandparent,
 19 grandchild, great-grandchild or great-grandparent of the seller; or (ii)
 20 the former spouse of the seller and the sale of