Part 7*: What are the Permitted Exceptions in a Residential Contract of Sale in New York?

In a Residential Contract of Sale in New York, Purchasers typically purchase property subject to the following “permitted exceptions”:

(a) Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not violated by the existing buildings and improvements erected on the property or their use;

(b) Consents for the erection of any structures on, under or above any streets on which the Premises abut;

(c) Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway;

(d) Real estate taxes that are a lien, but are not yet due and payable; and

(e) The other matters, if any, including a survey exception, set forth in a Rider attached.

While the attorneys may massage this language a bit, purchasers should have their attorneys explain to them what they are getting, and the limitations on the land, if any. To the extent that a seller has a survey and owner’s policy from the seller’s purchase, this information can be useful to a purchaser looking to gain a better understanding of the property being purchased.

*Thank you for taking the time to read this article. This article is part of our “From Contract to Closing; Demystifying NY Residential Real Estate” Series. Other aspects of residential real estate transactions in New York are discussed in other Parts of this series.

For questions about residential real estate law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to We look forward to hearing from you.

Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
(914) 338-8050

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