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Connecticut Senate Bill SB00112

Connecticut 2020 Regular Session

Connecticut Senate Bill SB00112 Compare Versions

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33 LCO No. 1032 1 of 10
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55 General Assembly Raised Bill No. 112
66 February Session, 2020
77 LCO No. 1032
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1010 Referred to Committee on PLANNING AND DEVELOPMENT
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1212
1313 Introduced by:
1414 (PD)
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1919 AN ACT CONCERNING TH E DISCLOSURE OF DAMS AND SIMILAR
2020 STRUCTURES BY SELLER S OF REAL PROPERTY.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subsection (d) of section 20-327b of the 2020 supplement to 1
2525 the general statutes is repealed and the following is substituted in lieu 2
2626 thereof (Effective July 1, 2020): 3
2727 (d) The Commissioner of Consumer Protection shall, within available 4
2828 appropriations, prescribe the written residential condition reports 5
2929 required by this section and sections 20-327c to 20-327e, inclusive. The 6
3030 written residential condition reports shall be based upon templates that 7
3131 the commissioner shall prescribe. Such templates shall: Fit on pages 8
3232 being not more than eight and one-half inches in height and eleven 9
3333 inches in width, with type size no smaller than nine-point type, other 10
3434 than checkboxes or section headers, which may be in a smaller size; 11
3535 include the address of the subject property on each page; include page 12
3636 numbers on each page; include section headings in bold type and 13
3737 include space for the buyer and the seller's initials on each page, except 14
3838 the signature page. Each written residential condition report, other than 15 Raised Bill No. 112
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4444 the written residential condition report required pursuant to 16
4545 subsections (g) and (h) of this section, shall contain the following, in the 17
4646 order indicated: 18
4747 (1) A section entitled "Instructions to Sellers" 19
4848 You MUST answer ALL questions to the best of your knowledge. 20
4949 Identify/Disclose any problems regarding the subject property. 21
5050 YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 22
5151 FORM ON YOUR BEHALF. 23
5252 UNK means Unknown, N/A means Not Applicable. 24
5353 If you need additional space to complete any answer or explanation, 25
5454 attach additional page(s) to this form. Include subject property address, 26
5555 seller's name and the date. 27
5656 (2) Pursuant to the Uniform Property Condition Disclosure Act, the 28
5757 seller is obligated to answer the following questions and to disclose 29
5858 herein any knowledge of any problem regarding the following: 30
5959 (A) A subsection entitled "Subject Property" 31
6060 (i) Name of seller(s) 32
6161 (ii) Street address, municipality, zip code 33
6262 (B) A subsection entitled "General Information" 34
6363 (i) Indicate the YEAR the structure was built: 35
6464 (ii) Indicate HOW LONG you have occupied the property: If not 36
6565 applicable, indicate with N/A. 37
6666 (iii) Does anyone else claim to own any part of your property, 38
6767 including, but not limited to, any encroachment(s)? If YES, explain: 39
6868 (iv) Does anyone other than you have or claim to have any right to 40 Raised Bill No. 112
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7474 use any part of your property, including, but not limited to, any 41
7575 easement or right-of-way? If YES, explain: 42
7676 (v) Is the property in a flood hazard area or an inland wetlands area? 43
7777 If YES, explain: 44
7878 (vi) Is a dam or similar structure that is capable of impounding or 45
7979 controlling the flow of water, including, but not limited to, a stormwater 46
8080 retention or detention dam, flood control structure, dike or incompletely 47
8181 breached dam located on the property? If YES, is the hazard 48
8282 classification of the dam or similar structure known? If YES, what is the 49
8383 classification? If required, has the dam or structure been inspected or 50
8484 has an emergency action plan been prepared? Do you have any 51
8585 obligations relating to the dam or structure that would pass to the 52
8686 buyer? If YES, explain: 53
8787 [(vi)] (vii) Do you have any reason to believe that the municipality in 54
8888 which the subject property is located may impose any assessment for 55
8989 purposes such as sewer installation, sewer improvements, water main 56
9090 installation, water main improvements, sidewalks or other 57
9191 improvements? If YES, explain: 58
9292 [(vii)] (viii) Is the property located in a municipally designated village 59
9393 district, municipally designated historic district or listed on the National 60
9494 Register of Historic Places? If YES, explain: 61
9595 [(viii)] (ix) Special Statement: Information concerning village districts 62
9696 and historic districts may be obtained from the municipality's village or 63
9797 historic district commission, if applicable. 64
9898 [(ix)] (x) Is the property located in a special tax district? If YES, 65
9999 [please] explain: 66
100100 [(x)] (xi) Is the property subject to any type of land use restrictions, 67
101101 other than those contained within the property's chain of title or that are 68
102102 necessary to comply with state laws or municipal zoning? If YES, 69
103103 explain: 70 Raised Bill No. 112
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109109 [(xi)] (xii) Is the property located in a common interest community? 71
110110 If YES, is it subject to any community or association dues or fees? Please 72
111111 explain: 73
112112 [(xii)] (xiii) Do you have any knowledge of prior or pending litigation, 74
113113 government agency or administrative actions, orders or liens on the 75
114114 property related to the release of any hazardous substance? If YES, 76
115115 [please] explain: 77
116116 (C) A subsection entitled "Leased Equipment" 78
117117 Does the property include any Leased or Rented Equipment that 79
118118 would necessitate or obligate either of the following: The assignment or 80
119119 transfer of the lease or rental agreement(s) to the buyer or the 81
120120 replacement or substitution of the equipment by the buyer? If YES, 82
121121 indicate by checking ALL items that apply: PROPANE FUEL TANK; 83
122122 WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM 84
123123 SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT 85
124124 SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 86
125125 (D) A subsection entitled "Mechanical/Utility Systems" 87
126126 (i) Heating system problems? If YES, explain. List Fuel Types. 88
127127 (ii) Hot water heater Type: Age: Hot water problems? If YES, explain: 89
128128 (iii) Is there an underground storage tank? If YES, give AGE of tank 90
129129 and LOCATION. 91
130130 (iv) Are you aware of any problems with the underground storage 92
131131 tank? If YES, explain: 93
132132 (v) During the time you have owned the property, has there ever been 94
133133 an underground storage tank located on the property? If YES, has it been 95
134134 removed? If YES, what was the date of removal and what was the name 96
135135 and address of the person or business who removed such underground 97
136136 storage tank? Provide any and all written documentation of such 98
137137 removal within your control or possession by attaching a copy of such 99 Raised Bill No. 112
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139139
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143143 documentation to this form. 100
144144 (vi) Air conditioning problems? If YES, explain: Air conditioning 101
145145 Type: Central; Window; Other 102
146146 (vii) Plumbing system problems? If YES, explain: 103
147147 (viii) Electrical System problems? If YES, explain: 104
148148 (ix) Electronic security system problems? If YES, explain: 105
149149 (x) Are there carbon monoxide or smoke detectors located in a 106
150150 dwelling on the property? If YES, state the NUMBER of such detectors 107
151151 and whether there have been problems with such detectors; 108
152152 (xi) Fire sprinkler system problems? If YES, explain: 109
153153 (E) A subsection entitled "Water System" 110
154154 (i) Domestic Water System Type: Public; Private Well; Other 111
155155 (ii) If Public Water: 112
156156 (I) Is there a separate expense/fee for water usage? If YES, is the 113
157157 expense/fee for water usage flat or metered? Give the AMOUNT and 114
158158 explain: 115
159159 (II) Are there any UNPAID water charges? If YES, state the amount 116
160160 unpaid: 117
161161 (iii) If Private Well: 118
162162 Has the well water been tested for contaminants/volatile organic 119
163163 compounds? If YES, attach a copy of the report. 120
164164 (iv) If Public Water or Private Well: Are you aware of any problems 121
165165 with the well, or with the water quality, quantity, recovery, or pressure? 122
166166 If YES, explain: 123
167167 (F) A subsection entitled "Sewage Disposal System" 124 Raised Bill No. 112
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173173 (i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 125
174174 (ii) If Public Sewer: 126
175175 (I) Is there a separate charge made for sewer use? If YES, is it Flat or 127
176176 Metered? 128
177177 (II) If it is a Flat amount, state amount and due dates: 129
178178 (III) Are there any UNPAID sewer charges? If any unpaid sewer 130
179179 charges, state the amount: 131
180180 (iii) If Private: 132
181181 (I) Name of service company 133
182182 (II) Date last pumped: AND frequency: 134
183183 (III) For any sewage system, are there problems? If YES, explain: 135
184184 (G) A subsection entitled "Asbestos/Lead" 136
185185 (i) Are asbestos containing insulation or building materials present? 137
186186 If YES, location: 138
187187 (ii) Is lead paint present? If YES, location: 139
188188 (iii) Is lead plumbing present? If YES, location: 140
189189 (H) A subsection entitled "Building/Structure/Improvements" 141
190190 (i) Is the foundation made of concrete? If NO, explain: 142
191191 (ii) Foundation/Slab problems or settling? If YES, explain: 143
192192 (iii) Basement Water Seepage/Dampness? If YES, explain Amount, 144
193193 Frequency and Location: 145
194194 (iv) Sump pump problems? If YES, explain: 146
195195 (v) Do you have any knowledge of any testing or inspection done by 147 Raised Bill No. 112
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201201 a licensed professional related to a foundation on the property? If YES, 148
202202 disclose the testing or inspection method, the areas or locations that 149
203203 were tested or inspected, the results of such testing or inspection and 150
204204 attach a copy of the report concerning such testing or inspection. 151
205205 (vi) Do you have any knowledge of any repairs related to a 152
206206 foundation on the property? If YES, describe such repairs, disclose the 153
207207 areas repaired and attach a copy of the report concerning such repairs. 154
208208 (vii) Do you have any knowledge related to the presence of pyrrhotite 155
209209 in a foundation on the property? If YES, explain: 156
210210 (viii) Roof type; Age? 157
211211 (ix) Roof leaks? If YES, explain: 158
212212 (x) Exterior siding problems? If YES, explain: 159
213213 (xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 160
214214 explain: 161
215215 (xii) Patio/deck problems? If YES, explain: 162
216216 (xiii) If constructed of Wood, is the Wood Treated or Untreated? 163
217217 (xiv) Driveway problems? If YES, explain: 164
218218 (xv) Water drainage problems? If YES, explain: 165
219219 (xvi) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 166
220220 (xvii) Fire and/or Smoke damage? If YES, explain: 167
221221 (xviii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 168
222222 explain: 169
223223 (xix) Rot or Water damage problems? If YES, explain: 170
224224 (xx) Is house insulated? If YES, Type: Location: 171 Raised Bill No. 112
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230230 (xxi) Has a test for Radon been performed? If YES, attach a copy of 172
231231 the report. 173
232232 (xxii) Is there a Radon Control System in place? If YES, explain: 174
233233 (xxiii) Has a Radon control system been in place in the previous 12 175
234234 months? If YES, explain: 176
235235 (I) The Seller should attach additional pages to further explain any 177
236236 item(s) above. Indicate here the number of additional pages attached: 178
237237 (J) Questions contained in subparagraphs (A) to (I), inclusive, of this 179
238238 subdivision shall contain checkboxes indicating "yes", "no", "not 180
239239 applicable" or "unknown". 181
240240 (3) The written residential condition report shall contain the 182
241241 following immediately below the questions contained in subparagraphs 183
242242 (A) to (I), inclusive, of subdivision (2) of this subsection: 184
243243 A certification by the seller in the following form: 185
244244 SELLER'S CERTIFICATION 186
245245 "To the extent of the seller's knowledge as a property owner, the seller 187
246246 acknowledges that the information contained above is true and accurate 188
247247 for those areas of the property listed. In the event a real estate broker or 189
248248 salesperson is utilized, the seller authorizes the brokers or salespersons 190
249249 to provide the above information to prospective buyers, selling agents 191
250250 or buyers' agents. 192
251251
252252 T1 .... (Date) .... (Seller)
253253 T2 .... (Date) .... (Seller)"
254254
255255 (4) The written residential condition report shall contain the 193
256256 following in a separate section immediately below the seller's 194
257257 certification: 195 Raised Bill No. 112
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263263 IMPORTANT INFORMATION 196
264264 (A) RESPONSIBILITIES OF REAL ESTATE BROKERS 197
265265 This report in no way relieves a real estate broker of the broker's 198
266266 obligation under the provisions of section 20-328-5a of the Regulations 199
267267 of Connecticut State Agencies to disclose any material facts. Failure to 200
268268 do so could result in punitive action taken against the broker, such as 201
269269 fines, suspension or revocation of license. 202
270270 (B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 203
271271 Any representations made by the seller on the written residential 204
272272 condition report shall not constitute a warranty to the buyer. 205
273273 (C) NATURE OF REPORT 206
274274 This Residential Property Condition Report is not a substitute for 207
275275 inspections, tests and other methods of determining the physical 208
276276 condition of property. 209
277277 (D) INFORMATION ON THE RESIDENCE OF CONVICTED 210
278278 FELONS 211
279279 Information concerning the residence address of a person convicted 212
280280 of a crime may be available from law enforcement agencies or the 213
281281 Department of Public Safety. 214
282282 (E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 215
283283 Prospective buyers should consult with the municipal building 216
284284 official in the municipality in which the property is located to confirm 217
285285 that building permits and certificates of occupancy have been issued for 218
286286 work on the property. 219
287287 (F) HOME INSPECTION 220
288288 Buyers should have the property inspected by a licensed home 221
289289 inspector. 222 Raised Bill No. 112
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295295 (G) CONCRETE FOUNDATION 223
296296 Prospective buyers may have a concrete foundation inspected by a 224
297297 licensed professional engineer who is a structural engineer for 225
298298 deterioration of the foundation due to the presence of pyrrhotite. 226
299299 (5) The written residential condition report shall contain the 227
300300 following immediately below the stat ements contained in 228
301301 subparagraphs (A) to (G), inclusive, of subdivision (4) of this subsection: 229
302302 A certification by the buyer in the following form: 230
303303 BUYER'S CERTIFICATION 231
304304 "The buyer is urged to carefully inspect the property and, if desired, 232
305305 to have the property inspected by an expert. The buyer understands that 233
306306 there are areas of the property for which the seller has no knowledge 234
307307 and that this report does not encompass those areas. The buyer also 235
308308 acknowledges that the buyer has read and received a signed copy of this 236
309309 report from the seller or seller's agent. 237
310310
311311 T3 .... (Date) .... (Buyer)
312312 T4 .... (Date) .... (Buyer)"
313313
314314 This act shall take effect as follows and shall amend the following
315315 sections:
316316
317317 Section 1 July 1, 2020 20-327b(d)
318318
319319 Statement of Purpose:
320320 To require the seller of real property on which a dam or similar structure
321321 is located to disclose the existence of such dam or similar structure on a
322322 residential condition report.
323323 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
324324 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
325325 underlined.]
326326