| 6 | 13 | | |
|---|
| 7 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
|---|
| 8 | 15 | | |
|---|
| 9 | 16 | | Section 1. Subsection (d) of section 20-327b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012): |
|---|
| 10 | 17 | | |
|---|
| 11 | 18 | | (d) (1) Not later than [April 1, 2010] January 1, 2013, the Commissioner of Consumer Protection shall, by regulations adopted in accordance with the provisions of chapter 54, prescribe the form of the written residential disclosure report required by this section and sections 20-327c to 20-327e, inclusive. The regulations shall provide that the form include information concerning: |
|---|
| 12 | 19 | | |
|---|
| 13 | 20 | | (A) Municipal assessments, including, but not limited to, sewer or water charges applicable to the property. Such information shall include: (i) Whether such assessment is in effect and the amount of the assessment; (ii) whether there is an assessment on the property that has not been paid, and if so, the amount of the unpaid assessment; and (iii) to the extent of the seller's knowledge, whether there is reason to believe that the municipality may impose an assessment in the future; |
|---|
| 14 | 21 | | |
|---|
| 16 | 23 | | |
|---|
| 17 | 24 | | (C) (i) Whether the real property is located in a municipally designated village district or municipally designated historic district or has been designated on the National Register of Historic Places, and (ii) a statement that information concerning village districts and historic districts may be obtained from the municipality's village or historic district commission, if applicable. |
|---|
| 18 | 25 | | |
|---|
| 19 | 26 | | (2) Such form of the written residential disclosure report shall contain the following: |
|---|
| 20 | 27 | | |
|---|
| 21 | 28 | | (A) A certification by the seller in the following form: |
|---|
| 22 | 29 | | |
|---|
| 23 | 30 | | "To the extent of the seller's knowledge as a property owner, the seller acknowledges that the information contained above is true and accurate for those areas of the property listed. In the event a real estate broker or salesperson is utilized, the seller authorizes the brokers or salespersons to provide the above information to prospective buyers, selling agents or buyers' agents. |
|---|
| 24 | 31 | | |
|---|
| 25 | 32 | | |
|---|
| 26 | 33 | | |
|---|
| 50 | 65 | | |
|---|
| 51 | 66 | | .... (Date) |
|---|
| 52 | 67 | | |
|---|
| 53 | 68 | | .... (Seller)" |
|---|
| 54 | 69 | | |
|---|
| 55 | 70 | | (C) A statement concerning the responsibility of real estate brokers in the following form: |
|---|
| 56 | 71 | | |
|---|
| 57 | 72 | | "This report in no way relieves a real estate broker of the broker's obligation under the provisions of section 20-328-5a of the Regulations of Connecticut State Agencies to disclose any material facts. Failure to do so could result in punitive action taken against the broker, such as fines, suspension or revocation of license." |
|---|
| 58 | 73 | | |
|---|
| 59 | 74 | | (D) A statement that any representations made by the seller on the written residential disclosure report shall not constitute a warranty to the buyer. |
|---|
| 60 | 75 | | |
|---|
| 61 | 76 | | (E) A statement that the written residential disclosure report is not a substitute for inspections, tests and other methods of determining the physical condition of property. |
|---|
| 62 | 77 | | |
|---|
| 63 | 78 | | (F) Information concerning environmental matters such as lead, radon, subsurface sewage disposal, flood hazards and, if the residence is or will be served by well water, as defined in section 21a-150, the results of any water test performed for volatile organic compounds and such other topics as the Commissioner of Consumer Protection may determine would be of interest to a buyer. |
|---|
| 64 | 79 | | |
|---|
| 65 | 80 | | (G) A statement that information concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Emergency Services and Public Protection and that the Department of Emergency Services and Public Protection maintains a site on the Internet listing information about the residence address of persons required to register under section 54-251, 54-252, 54-253 or 54-254, who have so registered. |
|---|
| 66 | 81 | | |
|---|
| 67 | 82 | | (H) If the property is located in a common interest community, whether the property is subject to any community or association dues or fees. |
|---|
| 68 | 83 | | |
|---|
| 69 | | - | (I) Whether, during the seller's period of ownership, there is or has ever been an underground storage tank located on the property, and, if there is or was, if it has been removed. If such underground storage tank has been removed, such seller shall state when it was removed, who removed it and shall provide any and all written documentation of such removal within the seller's possession and control. |
|---|
| 84 | + | (I) Whether, during the seller's period of ownership, there is or has ever been an underground storage tank located on the property, and, if there is or was, if it has been removed. If such underground storage tank has been removed, such seller shall state when it was removed, who removed it and shall provide written documentation of such removal. |
|---|