Village of Washingtonville, NY Chapter 133 REAL ESTATE SALES DISCLOSURE

[HISTORY: Adopted by the Board of Trustees of the Village of Washingtonville 8-20-1991 by L.L. No. 8-1991. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land — See Ch. 150.

Zoning — See Ch. 175.

§ 133-1 Purpose.

The Village of Washingtonville has determined that prospective purchasers of residential lots or dwelling units whose development, use or occupancy is affected by village land use approvals can be surprised, disadvantaged or injured if not made aware of relevant land use approval documents, including but not limited to approved subdivision maps and/or site plans, resolutions of approval setting forth any conditions and any other approvals or permits related to the development, use or occupancy of the property. This possible surprise, disadvantage or injury to prospective purchasers can be avoided if prospective purchasers are shown copies of all such documents.

§ 133-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUYER

Any purchaser or prospective purchaser of a residential lot or dwelling unit created pursuant to an approved subdivision or site plan within the Village of Washingtonville.

SELLER

Any owner or developer or agent thereof involved in selling residential lots or dwelling units pursuant to an approved subdivision or site plan within the Village of Washingtonville. For the purposes of this chapter, any subsequent "seller" of an owner-occupied lot shall not be required to comply with this chapter.

§ 133-3 Disclosure requirements.

A. Prior to entering into a contract of sale or other binding agreement, a seller shall display to a prospective buyer a copy of the approved subdivision map and/or site plan and notes shown thereon, all resolutions of approval and any other village approvals or permits affecting the development, use or occupancy of the property. All offices, including sales offices and model homes, from which lots are offered for sale shall prominently display a copy of the approved subdivision map and/or site plan and other applicable land use approvals.

B. All contracts of sale signed by said buyer shall contain the following provision in all capital letters:

THE UNDERSIGNED PURCHASERS HEREBY ACKNOWLEDGE THAT THE SELLER HAS DISPLAYED TO THEM A COPY OF THE APPROVED SUBDIVISION MAP AND/OR SITE PLAN AND NOTES SHOWN THEREON, ALL RESOLUTIONS OF APPROVAL AND ANY OTHER VILLAGE APPROVALS OR PERMITS AFFECTING THE DEVELOPMENT, USE OR OCCUPANCY OF THE PROPERTY.

§ 133-4 New approvals.

All land use approvals granted after the effective date of this chapter shall be deemed conditioned upon the seller's compliance with the provisions of this chapter. Any violation of this chapter shall be deemed a violation of a material condition of the land use approval.

§ 133-5 Penalties for offenses.

A. Violation of any requirement of this chapter shall be considered an offense punishable by a fine not to exceed $250 and/or imprisonment not to exceed 10 days for each offense.

B. The seller of a lot or dwelling unit sold in violation of this chapter shall be guilty of such an offense.

C. Each day's continued violation shall constitute a separate additional offense. The period of offense shall be deemed to have commenced on the day a lot or dwelling unit is sold in violation of the disclosure requirements of this chapter.

D. In addition to the above, appropriate actions or proceedings may be taken to compel compliance with this chapter.