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General Assembly Substitute Bill No. 1010
January Session, 2019
AN ACT CONCERNING TH E DISCLOSURE OF DAMS AND SIMILAR
STRUCTURES BY OWNERS OF REAL PROPERTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) Not later than fifteen 1
days prior to the signing of any purchase and sale agreement, the seller 2
of any real property on which a dam or similar structure is located 3
shall notify the prospective buyer of such real property (1) of the 4
existence of such dam or structure; (2) whether such dam or similar 5
structure is categorized as a high hazard or significant hazard 6
pursuant to subsection (a) of section 22a-409 of the general statutes; 7
and (3) of the results of the most recent inspection of such dam or 8
similar structure, if any, conducted pursuant to subsection (c) of 9
section 22a-409 of the general statutes. 10
(b) Not later than thirty days after the sale of any real property 11
described in subsection (a) of this section on which is located a (1) high 12
hazard or significant hazard dam required to be recorded on the land 13
records in the municipality where such real property is located 14
pursuant to subsection (a) of section 22a-409 of the general statutes, 15
that has not been so recorded, or (2) dam or structure required to be 16
registered with the Commissioner of Energy and Environmental 17
Protection pursuant to subsection (b) of section 22a-409 of the general 18
statutes, that has not been so registered, the buyer of such real 19 Substitute Bill No. 1010
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property shall register such dam or structure or cause such dam or 20
structure to be recorded in accordance with the provisions of said 21
section 22a-409 of the general statutes. 22
Sec. 2. Subsection (d) of section 20-327b of the general statutes is 23
repealed and the following is substituted in lieu thereof (Effective July 24
1, 2019): 25
(d) The Commissioner of Consumer Protection shall prescribe the 26
written residential disclosure report required by this section and 27
sections 20-327c to 20-327e, inclusive. The written residential 28
disclosure report shall be based upon a template that the commissioner 29
shall prescribe. Such template shall: Fit on pages being not more than 30
eight and one-half inches in height and eleven inches in width, with 31
type size no smaller than nine-point type, other than checkboxes or 32
section headers, which may be in a smaller size; include the address of 33
the subject property on each page; include page numbers on each page; 34
include section headings in bold type and include space for the buyer 35
and the seller's initials on each page, except the signature page. The 36
report shall contain the following, in the order indicated: 37
(1) A section entitled "Instructions to Sellers" 38
You MUST answer ALL questions to the best of your knowledge. 39
Identify/Disclose any problems regarding the subject property. 40
YOUR REAL ESTATE LICENSEE CANNOT COMPLET E THIS 41
FORM ON YOUR BEHALF. 42
UNK means Unknown, N/A means Not Applicable. 43
If you need additional space to complete any answer or explanation, 44
attach additional page(s) to this form. Include subject property 45
address, seller's name and the date. 46
(2) Pursuant to the Uniform Property Condition Disclosure Act, the 47 Substitute Bill No. 1010
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seller is obligated to answer the following questions and to disclose 48
herein any knowledge of any problem regarding the following: 49
(A) A subsection entitled "Subject Property" 50
(i) Name of seller(s) 51
(ii) Street address, municipality, zip code 52
(B) A subsection entitled "General Information" 53
(i) Indicate the YEAR the structure was built: 54
(ii) Indicate HOW LONG you have occupied the property: If not 55
applicable, indicate with N/A. 56
(iii) Does anyone else claim to own any part of your property, 57
including, but not limited to, any encroachment(s)? If YES, explain: 58
(iv) Does anyone other than you have or claim to have any right to 59
use any part of your property, including, but not limited to, any 60
easement or right-of-way? If YES, explain: 61
(v) Is the property in a flood hazard area or an inland wetlands 62
area? If YES, explain: 63
(vi) Is a dam or similar structure that is capable of impounding or 64
controlling the flow of water, including, but not limited to, a 65
stormwater retention or detention dam, flood control structure, dike or 66
incompletely breached dam located on the property? If YES, is the 67
hazard classification of the dam or similar structure known? If YES, 68
what is the classification? If required, has the dam or structure been 69
inspected or has an emergency action plan been prepared? Do you 70
have any obligations relating to the dam or structure that would pass 71
to the buyer? 72
[(vi)] (vii) Do you have any reason to believe that the municipality 73
in which the subject property is located may impose any assessment 74 Substitute Bill No. 1010
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for purposes such as sewer installation, sewer improvements, water 75
main installation, water main improvements, sidewalks or other 76
improvements? If YES, explain: 77
[(vii)] (viii) Is the property located in a municipally designated 78
village district, municipally designated historic district or listed on the 79
National Register of Historic Places? If YES, explain: 80
[(viii)] (ix) Special Statement: Information concerning village 81
districts and historic districts may be obtained from the municipality's 82
village or historic district commission, if applicable. 83
[(ix)] (x) Is the property located in a special tax district? If YES, 84
[please] explain: 85
[(x)] (xi) Is the property subject to any type of land use restrictions, 86
other than those contained within the property's chain of title or that 87
are necessary to comply with state laws or municipal zoning? If YES, 88
explain: 89
[(xi)] (xii) Is the property located in a common interest community? 90
If YES, is it subject to any community or association dues or fees? 91
Please explain: 92
[(xii)] (xiii) Do you have any knowledge of prior or pending 93
litigation, government agency or administrative actions, orders or liens 94
on the property related to the release of any hazardous substance? If 95
YES, [please] explain: 96
(C) A subsection entitled "Leased Equipment" 97
Does the property include any Leased or Rented Equipment that 98
would necessitate or obligate either of the following: The assignment 99
or transfer of the lease or rental agreement(s) to the buyer or the 100
replacement or substitution of the equipment by the buyer? If YES, 101
indicate by checking ALL items that apply: PROPANE FUEL TANK; 102
WATER HEATER; SECURITY ALA RM SYSTEM; FIRE ALARM 103 Substitute Bill No. 1010
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SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT 104
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 105
(D) A subsection entitled "Mechanical/Utility Systems" 106
(i) Heating system problems? If YES, explain. List Fuel Types. 107
(ii) Hot water heater Type: Age: Hot water problems? If YES, 108
explain: 109
(iii) Is there an underground storage tank? If YES, give AGE of tank 110
and LOCATION. 111
(iv) Are you aware of any problems with the underground storage 112
tank? If YES, explain: 113
(v) During the time you have owned the property, has there ever 114
been an underground storage tank located on the property? If YES, has 115
it been removed? If YES, what was the date of removal and what was 116
the name and address of the person or business who removed such 117
underground storage tank? Provide any and all written documentation 118
of such removal within your control or possession by attaching a copy 119
of such documentation to this form. 120
(vi) Air conditioning problems? If YES, explain: Air conditioning 121
Type: Central; Window; Other 122
(vii) Plumbing system problems? If YES, explain: 123
(viii) Electrical System problems? If YES, explain: 124
(ix) Electronic security system problems? If YES, explain: 125
(x) Are there carbon monoxide or smoke detectors located in a 126
dwelling on the property? If YES, state the NUMBER of such detectors 127
and whether there have been problems with such detectors; 128
(xi) Fire sprinkler system problems? If YES, explain: 129 Substitute Bill No. 1010
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(E) A subsection entitled "Water System" 130
(i) Domestic Water System Type: Public; Private Well; Other 131
(ii) If Public Water: 132
(I) Is there a separate expense/fee for water usage? If YES, is the 133
expense/fee for water usage flat or metered? Give the AMOUNT and 134
explain: 135
(II) Are there any UNPAID water charges? If YES, state the amount 136
unpaid: 137
(iii) If Private Well: 138
Has the well water been tested for contaminants/volatile organic 139
compounds? If YES, attach a copy of the report. 140
(iv) If Public Water or Private Well: Are you aware of any problems 141
with the well, or with the water quality, quantity, recovery, or 142
pressure? If YES, explain: 143
(F) A subsection entitled "Sewage Disposal System" 144
(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 145
(ii) If Public Sewer: 146
(I) Is there a separate charge made for sewer use? If YES, is it Flat or 147
Metered? 148
(II) If it is a Flat amount, state amount and due dates: 149
(III) Are there any UNPAID sewer charges? If any unpaid sewer 150
charges, state the amount: 151
(iii) If Private: 152
(I) Name of service company 153 Substitute Bill No. 1010
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(II) Date last pumped: AND frequency: 154
(III) For any sewage system, are there problems? If YES, explain: 155
(G) A subsection entitled "Asbestos/Lead" 156
(i) Are asbestos containing insulation or building materials present? 157
If YES, location: 158
(ii) Is lead paint present? If YES, location: 159
(iii) Is lead plumbing present? If YES, location: 160
(H) A subsection entitled "Building/Structure/Improvements" 161
(i) Is the foundation made of concrete? If NO, explain: 162
(ii) Foundation/Slab problems or settling? If YES, explain: 163
(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 164
Frequency and Location: 165
(iv) Sump pump problems? If YES, explain: 166
(v) Do you have any knowledge of any testing or inspection done by 167
a licensed professional related to a foundation on the property? If YES, 168
attach a copy of the report. 169
(vi) Do you have any knowledge of any repairs related to a 170
foundation on the property? If YES, explain: 171
(vii) Roof type; Age? 172
(viii) Roof leaks? If YES, explain: 173
(ix) Exterior siding problems? If YES, explain: 174
(x) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 175
explain: 176 Substitute Bill No. 1010
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(xi) Patio/deck problems? If YES, explain: 177
(xii) If constructed of Wood, is the Wood Treated or Untreated? 178
(xiii) Driveway problems? If YES, explain: 179
(xiv) Water drainage problems? If YES, explain: 180
(xv) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 181
(xvi) Fire and/or Smoke damage? If YES, explain: 182
(xvii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 183
explain: 184
(xviii) Rot or Water damage problems? If YES, explain: 185
(xix) Is house insulated? If YES, Type: Location: 186
(xx) Has a test for Radon been performed? If YES, attach a copy of 187
the report. 188
(xxi) Is there a Radon Control System in place? If YES, explain: 189
(xxii) Has a Radon control system been in place in the previous 12 190
months? If YES, explain: 191
(I) The Seller should attach additional pages to further explain any 192
item(s) above. Indicate here the number of additional pages attached: 193
(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 194
subdivision shall contain checkboxes indicating "yes", "no", "not 195
applicable" or "unknown". 196
(3) The written residential disclosure report shall contain the 197
following immediately below the questions contained in 198
subparagraphs (A) to (I), inclusive, of subdivision (2) of this 199
subsection: 200 Substitute Bill No. 1010
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A certification by the seller in the following form: 201
SELLER'S CERTIFICATION 202
"To the extent of the seller's knowledge as a property owner, the 203
seller acknowledges that the information contained above is true and 204
accurate for those areas of the property listed. In the event a real estate 205
broker or salesperson is utilized, the seller authorizes the brokers or 206
salespersons to provide the above information to prospective buyers, 207
selling agents or buyers' agents. 208
T1 .... (Date) .... (Seller)
T2 .... (Date) .... (Seller)"
(4) The written residential disclosure report shall contain the 209
following in a separate section immediately below the seller's 210
certification: 211
IMPORTANT INFORMATION 212
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 213
This report in no way relieves a real estate broker of the broker's 214
obligation under the provisions of section 20-328-5a of the Regulations 215
of Connecticut State Agencies to disclose any material facts. Failure to 216
do so could result in punitive action taken against the broker, such as 217
fines, suspension or revocation of license. 218
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 219
Any representations made by the seller on the written residential 220
disclosure report shall not constitute a warranty to the buyer. 221
(C) NATURE OF DISCLOSURE REPORT 222
This Residential Property Condition Disclosure Report is not a 223
substitute for inspections, tests and other methods of determining the 224
physical condition of property. 225 Substitute Bill No. 1010
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(D) INFORMATION ON THE RESIDENCE OF CONVICTED 226
FELONS 227
Information concerning the residence address of a person convicted 228
of a crime may be available from law enforcement agencies or the 229
Department of Public Safety. 230
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 231
Prospective buyers should consult with the municipal building 232
official in the municipality in which the property is located to confirm 233
that building permits and certificates of occupancy have been issued 234
for work on the property. 235
(F) HOME INSPECTION 236
Buyers should have the property inspected by a licensed home 237
inspector. 238
(G) CONCRETE FOUNDATION 239
Prospective buyers may have a concrete foundation inspected by a 240
licensed professional engineer who is a structural engineer for 241
deterioration of the foundation due to the presence of pyrrhotite. 242
(5) The written residential disclosure report shall contain the 243
following immediately below the statements contained in 244
subparagraphs (A) to (G), inclusive, of subdivision (4) of this 245
subsection: 246
A certification by the buyer in the following form: 247
BUYER'S CERTIFICATION 248
"The buyer is urged to carefully inspect the property and, if desired, 249
to have the property inspected by an expert. The buyer understands 250
that there are areas of the property for which the seller has no 251
knowledge and that this disclosure statement does not encompass 252 Substitute Bill No. 1010
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those areas. The buyer also acknowledges that the buyer has read and 253
received a signed copy of this statement from the seller or seller's 254
agent. 255
T3 .... (Date) .... (Seller)
T4 .... (Date) .... (Seller)"
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 20-327b(d)
PD Joint Favorable Subst.