2d 651)-- remedies provision
of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or
statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a
duty to inquire on the part
of the buyer and relieves the seller
of any potential liability for defects that arise in regard to the part
of the premises covered by the question; any information disclosed during the sale
of the property merges into the contract and does not exist on its own basis
of a common law cause
of action; buyer's action based on
breach of the disclosure statement is dismissed on the grounds that no such cause
of action is
created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories