N.Y. Laws » CHAPTER Real Property / ARTICLE Conveyances and Mortgages
New York Consolidated Laws

N.Y. Real Property Law § 251 (2026)

Covenants not implied

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 251. Covenants not implied. A covenant is not implied in a
conveyance of real property, whether the conveyance contains any special
covenant or not.
Notes of Decisions
Cited in 4 cases, 1985–1997 · leading case: Caceci v. Di Canio Constr. Corp., 526 N.E.2d 266 (N.Y. 1988).
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Caceci v. Di Canio Constr. Corp., 526 N.E.2d 266 (N.Y. 1988). “Finally, the contention that Real Property Law § 251 prohibits this "Housing Merchant” warranty by legal implication also is not persuasive, since that statute is expressly limited to deeds of conveyance and has no application to contracts for the construction and sale of new…”
Copland v. Nathaniel, 164 Misc. 2d 507 (N.Y. Sup. Ct. 1995). “) Accordingly, the second through fifth causes of action are dismissed. SIXTH CAUSE OF ACTION The sixth cause of action is for breach of contract in the nature of breach of warranty that the house was habitable.”
Carter v. Cain, 112 A.D.2d 2 (N.Y. App. Div. 4th Dep't 1985). “Any implied warranty is barred by Real Property Law § 251 (see, Spano v Perry, 59 Mise 2d 1062).”
Greenberg v. Sutter, 173 Misc. 2d 774 (N.Y. Sup. Ct. 1997). “The deed transferring the property from Walcutt to Sutter was the usual bargain and sale deed with covenants against grantor’s acts, which covenant provides: "and the party of the first part covenants that the party of the first part has not done or suffered anything whereby the…”
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