What is the difference between a seller disclosure statement and an AS-IS clause?

An AS-IS clause disclaims implied warranties — it says the buyer accepts the vehicle in its current condition. A seller disclosure statement lists specific known defects. The two work together: disclose what you know, then sell AS-IS. Disclosure without AS-IS leaves you liable for unknown defects; AS-IS without disclosure does not protect against intentional concealment.

Do I have to disclose if the vehicle has a salvage or rebuilt title?

Yes — always. Title brand (salvage, rebuilt, flood, junk) must be disclosed and typically appears on the title itself. If you knowingly sell a vehicle with a branded title without disclosing it, you face criminal fraud exposure in most states.

Do I need to disclose recalls the vehicle has not had fixed?

Federal law does not require private sellers to disclose open recalls — but strong best practice recommends it. The NHTSA database is publicly accessible, and a buyer who discovers an unfixed recall after purchase may claim they would not have paid the same price with that knowledge.

What if the buyer signs the disclosure and then claims I hid something?

A signed disclosure statement is strong evidence that the buyer received and reviewed the information. As long as your disclosure was complete and honest, the buyer's signature makes post-sale claims extremely difficult to sustain. Keep your copy.

New York Boat Seller Disclosure Statement

When selling a boat in New York, what you disclose in writing protects you from post-sale claims as much as the AS-IS clause. This guide covers exactly what to disclose, New York-specific legal requirements, and a complete boat disclosure checklist.

New York: Certain disclosures are required by law

New York courts have found that selling a vehicle with known frame damage without disclosure — even in a private sale — constitutes actionable deception under GBL 349.

New York Required Disclosures

★

Odometer reading (federal requirement)

★

Any known material defects that affect safety or value

★

Accident history affecting frame or structural integrity if known

★

Title brand history (salvage, rebuilt)

★

Any emission inspection failures if known

★ = Required or strongly recommended for New York

Boat Disclosure Checklist

Standard Fields (all boats)

Year, Make, Model, HIN (Hull Identification Number)

Engine hours at time of sale

Accident or collision history (yes/no)

Hull gelcoat cracks or osmotic blistering (yes/no)

Delamination or transom soft spots (yes/no)

Trailer included and condition

Boat-Specific Fields

Engine type, hours, and last service

Generator hours and condition (if applicable)

Bilge pump condition and float switch

Electronics age and functionality (chart plotter, VHF, fish finder)

Shore power connection and battery system

Registration and USCG documentation status

High-Risk Hidden Defects to Check

Transom softness (rot behind fiberglass)

Osmotic blisters below waterline

Engine corrosion from salt water use

Trailer frame rust compromising safety

New York Fraud Liability

New York GBL Section 349 (Consumer Protection from Deceptive Acts) allows buyers to sue private sellers for knowingly concealing material defects. Buyers can recover actual damages plus $50 minimum per violation.

Disclosure vs. AS-IS: How They Work Together

Scenario	Best Protection
Known defect — buyer discovers after sale	Written disclosure that buyer signed
Unknown defect — buyer discovers after sale	AS-IS clause in bill of sale
Buyer claims you misrepresented condition	Signed disclosure + AS-IS + signed bill of sale
Lemon law claim	Neither applies to private sales in most states
Odometer fraud	Only option: disclose accurately (federal crime to falsify)
Salvage title not disclosed	Cannot be cured by AS-IS — always disclose title brand

Frequently Asked Questions

Is a seller disclosure form required in New York?

Yes — New York requires certain disclosures in boat sales.

What is the difference between disclosure and AS-IS?

A disclosure statement lists what you KNOW about the vehicle. An AS-IS clause disclaims liability for what you DON'T know. Both together provide the strongest seller protection — use both.

Do I have to disclose open recalls?

Federal law does not require private sellers to disclose open recalls, but best practice strongly recommends it. Check recalls at NHTSA.gov and include a line in your disclosure noting whether any are open.

What happens if I don't disclose a known defect in New York?

Create a New York Boat Bill of Sale

Include your disclosure statement with a professional bill of sale for complete seller protection.

Create New York Boat Bill of Sale