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Agency Relationships Disclosures Ny SpecificProperty_condition_disclosure_500_creditHARD

An executor administering a deceased owner's estate is preparing to sell the decedent's property in Queens. The executor has never occupied or managed the property and has no firsthand knowledge of its condition. Under NY Real Property Law §462, which statement most accurately describes the executor's disclosure obligations?

Correct Answer

C) The executor may elect the $500 credit option in lieu of completing a disclosure statement the executor cannot accurately fill out

Under NY RPL §462, sellers who lack sufficient personal knowledge of a property's condition — including executors, administrators, and other fiduciaries — may elect to provide the buyer a $500 credit at closing in lieu of completing a Property Condition Disclosure Statement. This option exists precisely because requiring a fiduciary with no firsthand knowledge to certify property conditions could produce inaccurate or misleading disclosures.

Answer Options
A
Transfers by executors are statutorily exempt from the Property Condition Disclosure Act, so no disclosure or credit is required
B
The executor must retain a licensed home inspector to complete the disclosure statement on the estate's behalf
C
The executor may elect the $500 credit option in lieu of completing a disclosure statement the executor cannot accurately fill out
D
Estate sales require the disclosure statement to be completed by the estate's attorney rather than the executor

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Related Topics & Key Terms

Key Terms:

executor_salesestate_propertylack_of_knowledgepractical_option

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

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