§ 463 SECTION 463 Exemptions
RPL § 463
A property condition disclosure statement shall not be required in connection with any of the following transfers of residential real property:
1.A transfer pursuant to a court order, including, but not limited to, a transfer order by a probate court during the administration of a decedent's estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy or debtor-in-possession, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between two or more persons;
2.A transfer to mortgagee or an affiliate or agent thereof by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt;
3.A transfer to a beneficiary of a deed of trust;
4.A transfer pursuant to a foreclosure sale that follows a default in the satisfaction of an obligation that is secured by a mortgage;
5.A transfer by a sale under a power of sale that follows a default in the satisfaction of an obligation that is secured by a mortgage;
6.A transfer by a mortgagee, or a beneficiary under a mortgage, or an affiliate or agent thereof, who has acquired the residential real property at a sale under a mortgage or who has acquired the residential real property by a deed in lieu of foreclosure;
7.A transfer by a fiduciary in the course of the administration of a descendent's estate, a guardianship, a conservatorship, or a trust;
8.A transfer from one co-owner to one or more other co-owners;
9.A transfer made to the transferor's spouse or to one or more persons in the lineal consanguinity of one or more of the transferors;
10.A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of property settlement, agreement incidental to a decree of divorce, dissolution of marriage, annulment or legal separation;
11.A transfer to or from the state, a political subdivision of the state, or another governmental entity;
12.A transfer that involves newly constructed residential real property that previously had not been inhabited;
13.A transfer by a sheriff; or
14.A transfer pursuant to a partition action.
