Paperwork for Selling a HouseWithout a Realtor in New York

Five documents are required for every NY residential sale regardless of agent involvement: (1) Deed — Bargain and Sale Deed with Covenants Against Grantor’s Acts, prepared by your closing attorney; (2) TP-584 — NYS Transfer Tax Return, filed at the Erie County Clerk at 92 Franklin Street; (3) RP-5217 — Real Property Transfer Report, filed with the deed; (4) Property Condition Disclosure Statement — completed by you and provided to the buyer before contract signing; (5) Closing Disclosure — settlement statement prepared by the title company. Additional documents (lead paint disclosure, survey affidavit, mortgage payoff letter, lien releases) apply depending on the property.

Yes — New York is an attorney opinion state requiring a licensed real estate attorney at every residential closing. This is a legal requirement, not optional. Even in a FSBO sale where you have no listing agent, you must have closing attorney representation. Budget $800–$1,500 for attorney fees on a standard Erie County residential sale. Your attorney prepares the deed, TP-584, and RP-5217, reviews title, and manages the closing. For free legal referral: Bar Association of Erie County (716) 852-8687. For qualifying sellers, free help is available at Neighborhood Legal Services (716) 847-0650.

The TP-584 is the New York State Combined Real Estate Transfer Tax Return, required at every residential closing. It documents and processes the NYS transfer tax (0.4% of sale price) and the Erie County transfer tax (0.25% of sale price) — combined approximately 0.65% of the sale price. On a $200,000 Buffalo home, that’s $1,300. The seller pays by convention in New York. Your closing attorney prepares the TP-584 and files it with the Erie County Clerk at 92 Franklin Street at closing. The deed cannot be recorded without it.

The RP-5217 is a New York State form required at every residential closing, prepared by your closing attorney. It collects information about the sale — sale price, property type, square footage, financing terms, and property characteristics — for the NYS Office of Real Property Tax Services statewide assessment database. Erie County assessors use RP-5217 data when analyzing comparable sales for property assessment challenges on Grievance Day. The form is filed with the deed at the Erie County Clerk at 92 Franklin Street — it cannot be filed separately.

Yes. The Property Condition Disclosure Statement (PCDS) is required by New York State law for all residential sales. You, the seller, complete this form disclosing all known defects and material facts: roof, foundation, HVAC, electrical, plumbing, environmental hazards (lead paint, asbestos, underground oil tanks), flooding history, and any open City of Buffalo OBI code violations. Critical: The PCDS must be provided to the buyer before or at the time of signing the purchase contract. If you fail to provide it beforehand, New York law requires a mandatory $500 credit to the buyer at closing.

The standard deed for Erie County residential sales is the Bargain and Sale Deed with Covenants Against Grantor’s Acts. It conveys title from seller to buyer and warrants that the seller has not created any encumbrances during their period of ownership. Your closing attorney drafts it using the legal description from the existing title chain in the Erie County Clerk’s records at 92 Franklin Street. For estate sales, an Executor’s Deed (with Letters Testamentary from Erie County Surrogate’s Court) or an Administrator’s Deed (for intestate estates) is used instead. See probate resource center →

A survey is not legally required to close a residential sale in New York. However, a financed buyer’s lender often requires one. In a FSBO sale to a financed buyer, check with the buyer’s lender on their survey requirements. In a cash sale to NCB, a survey is not required. If an existing survey is on file from a prior purchase, the title company may accept it with a seller affidavit confirming no changes to property boundaries — avoiding the cost of a new survey ($600–$1,200 in Erie County).

The closing disclosure (also called the settlement statement or HUD-1) itemizes every debit and credit for both seller and buyer. For an Erie County seller, your side shows: sale price (credit), minus mortgage payoff, delinquent Erie County property taxes paid to RPTS at 95 Franklin Street, any judgment liens from the title search, transfer taxes (TP-584), attorney fees, title insurance, and recording fees with the Erie County Clerk at 92 Franklin Street. Your net proceeds are what remains. NCB provides a pre-closing disclosure so you know your exact net before signing anything.

Yes. Federal law requires sellers of any property built before 1978 to provide buyers with: (1) a completed lead paint disclosure form acknowledging known lead hazards; (2) the EPA pamphlet “Protect Your Family from Lead in Your Home.” Nearly all of Buffalo’s housing stock — pre-war two-families on the East Side, postwar capes throughout Cheektowaga and West Seneca, working-class bungalows in Kenmore and Tonawanda — predates 1978. Budget for this disclosure in virtually every Erie County FSBO sale. NCB’s purchase contracts include the required lead paint disclosure — no separate action needed from you.

When you sell to NCB, you complete only the Property Condition Disclosure Statement (which is required regardless of buyer type) and sign the closing documents the attorney prepares. NCB’s team and our Erie County title company handle the deed, TP-584, RP-5217, lead paint disclosure packaging, title search, lien payoffs, and mortgage payoff coordination. There are no forms for you to track, no deadlines to monitor, and no risk of a $500 credit for late PCDS delivery. You show up at the closing table, review the settlement statement, and sign. See NCB’s full process →