2d 651) holding that no cause
of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure
Statement; seller failed to perform the duty to deliver a Disclosure
Statement pursuant to the PCDA when the
statement was incomplete; cause
of action exists under RPL § 462 (2) for willful failure to perform the requirements
of the PCDA where (i) a
deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained
of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection
of the premises that would meet generally accepted standards in the trade; definition
of «willful failure to perform» acknowledges legislative
intent not to alter the respective burdens
of the buyer and seller in the transactions; statutory cause
of action replaces buyer's burden
of having to plead and prove the seller's active physical concealment
of the condition with proof that the misstatement about the condition on the PCDS was
deliberate