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General Assembly Raised Bill No. 112
February Session, 2020
LCO No. 1032
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E DISCLOSURE OF DAMS AND SIMILAR
STRUCTURES BY SELLER S OF REAL PROPERTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (d) of section 20-327b of the 2020 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2020): 3
(d) The Commissioner of Consumer Protection shall, within available 4
appropriations, prescribe the written residential condition reports 5
required by this section and sections 20-327c to 20-327e, inclusive. The 6
written residential condition reports shall be based upon templates that 7
the commissioner shall prescribe. Such templates shall: Fit on pages 8
being not more than eight and one-half inches in height and eleven 9
inches in width, with type size no smaller than nine-point type, other 10
than checkboxes or section headers, which may be in a smaller size; 11
include the address of the subject property on each page; include page 12
numbers on each page; include section headings in bold type and 13
include space for the buyer and the seller's initials on each page, except 14
the signature page. Each written residential condition report, other than 15 Raised Bill No. 112
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the written residential condition report required pursuant to 16
subsections (g) and (h) of this section, shall contain the following, in the 17
order indicated: 18
(1) A section entitled "Instructions to Sellers" 19
You MUST answer ALL questions to the best of your knowledge. 20
Identify/Disclose any problems regarding the subject property. 21
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS 22
FORM ON YOUR BEHALF. 23
UNK means Unknown, N/A means Not Applicable. 24
If you need additional space to complete any answer or explanation, 25
attach additional page(s) to this form. Include subject property address, 26
seller's name and the date. 27
(2) Pursuant to the Uniform Property Condition Disclosure Act, the 28
seller is obligated to answer the following questions and to disclose 29
herein any knowledge of any problem regarding the following: 30
(A) A subsection entitled "Subject Property" 31
(i) Name of seller(s) 32
(ii) Street address, municipality, zip code 33
(B) A subsection entitled "General Information" 34
(i) Indicate the YEAR the structure was built: 35
(ii) Indicate HOW LONG you have occupied the property: If not 36
applicable, indicate with N/A. 37
(iii) Does anyone else claim to own any part of your property, 38
including, but not limited to, any encroachment(s)? If YES, explain: 39
(iv) Does anyone other than you have or claim to have any right to 40 Raised Bill No. 112
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use any part of your property, including, but not limited to, any 41
easement or right-of-way? If YES, explain: 42
(v) Is the property in a flood hazard area or an inland wetlands area? 43
If YES, explain: 44
(vi) Is a dam or similar structure that is capable of impounding or 45
controlling the flow of water, including, but not limited to, a stormwater 46
retention or detention dam, flood control structure, dike or incompletely 47
breached dam located on the property? If YES, is the hazard 48
classification of the dam or similar structure known? If YES, what is the 49
classification? If required, has the dam or structure been inspected or 50
has an emergency action plan been prepared? Do you have any 51
obligations relating to the dam or structure that would pass to the 52
buyer? If YES, explain: 53
[(vi)] (vii) Do you have any reason to believe that the municipality in 54
which the subject property is located may impose any assessment for 55
purposes such as sewer installation, sewer improvements, water main 56
installation, water main improvements, sidewalks or other 57
improvements? If YES, explain: 58
[(vii)] (viii) Is the property located in a municipally designated village 59
district, municipally designated historic district or listed on the National 60
Register of Historic Places? If YES, explain: 61
[(viii)] (ix) Special Statement: Information concerning village districts 62
and historic districts may be obtained from the municipality's village or 63
historic district commission, if applicable. 64
[(ix)] (x) Is the property located in a special tax district? If YES, 65
[please] explain: 66
[(x)] (xi) Is the property subject to any type of land use restrictions, 67
other than those contained within the property's chain of title or that are 68
necessary to comply with state laws or municipal zoning? If YES, 69
explain: 70 Raised Bill No. 112
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[(xi)] (xii) Is the property located in a common interest community? 71
If YES, is it subject to any community or association dues or fees? Please 72
explain: 73
[(xii)] (xiii) Do you have any knowledge of prior or pending litigation, 74
government agency or administrative actions, orders or liens on the 75
property related to the release of any hazardous substance? If YES, 76
[please] explain: 77
(C) A subsection entitled "Leased Equipment" 78
Does the property include any Leased or Rented Equipment that 79
would necessitate or obligate either of the following: The assignment or 80
transfer of the lease or rental agreement(s) to the buyer or the 81
replacement or substitution of the equipment by the buyer? If YES, 82
indicate by checking ALL items that apply: PROPANE FUEL TANK; 83
WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM 84
SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT 85
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER 86
(D) A subsection entitled "Mechanical/Utility Systems" 87
(i) Heating system problems? If YES, explain. List Fuel Types. 88
(ii) Hot water heater Type: Age: Hot water problems? If YES, explain: 89
(iii) Is there an underground storage tank? If YES, give AGE of tank 90
and LOCATION. 91
(iv) Are you aware of any problems with the underground storage 92
tank? If YES, explain: 93
(v) During the time you have owned the property, has there ever been 94
an underground storage tank located on the property? If YES, has it been 95
removed? If YES, what was the date of removal and what was the name 96
and address of the person or business who removed such underground 97
storage tank? Provide any and all written documentation of such 98
removal within your control or possession by attaching a copy of such 99 Raised Bill No. 112
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documentation to this form. 100
(vi) Air conditioning problems? If YES, explain: Air conditioning 101
Type: Central; Window; Other 102
(vii) Plumbing system problems? If YES, explain: 103
(viii) Electrical System problems? If YES, explain: 104
(ix) Electronic security system problems? If YES, explain: 105
(x) Are there carbon monoxide or smoke detectors located in a 106
dwelling on the property? If YES, state the NUMBER of such detectors 107
and whether there have been problems with such detectors; 108
(xi) Fire sprinkler system problems? If YES, explain: 109
(E) A subsection entitled "Water System" 110
(i) Domestic Water System Type: Public; Private Well; Other 111
(ii) If Public Water: 112
(I) Is there a separate expense/fee for water usage? If YES, is the 113
expense/fee for water usage flat or metered? Give the AMOUNT and 114
explain: 115
(II) Are there any UNPAID water charges? If YES, state the amount 116
unpaid: 117
(iii) If Private Well: 118
Has the well water been tested for contaminants/volatile organic 119
compounds? If YES, attach a copy of the report. 120
(iv) If Public Water or Private Well: Are you aware of any problems 121
with the well, or with the water quality, quantity, recovery, or pressure? 122
If YES, explain: 123
(F) A subsection entitled "Sewage Disposal System" 124 Raised Bill No. 112
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(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other 125
(ii) If Public Sewer: 126
(I) Is there a separate charge made for sewer use? If YES, is it Flat or 127
Metered? 128
(II) If it is a Flat amount, state amount and due dates: 129
(III) Are there any UNPAID sewer charges? If any unpaid sewer 130
charges, state the amount: 131
(iii) If Private: 132
(I) Name of service company 133
(II) Date last pumped: AND frequency: 134
(III) For any sewage system, are there problems? If YES, explain: 135
(G) A subsection entitled "Asbestos/Lead" 136
(i) Are asbestos containing insulation or building materials present? 137
If YES, location: 138
(ii) Is lead paint present? If YES, location: 139
(iii) Is lead plumbing present? If YES, location: 140
(H) A subsection entitled "Building/Structure/Improvements" 141
(i) Is the foundation made of concrete? If NO, explain: 142
(ii) Foundation/Slab problems or settling? If YES, explain: 143
(iii) Basement Water Seepage/Dampness? If YES, explain Amount, 144
Frequency and Location: 145
(iv) Sump pump problems? If YES, explain: 146
(v) Do you have any knowledge of any testing or inspection done by 147 Raised Bill No. 112
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a licensed professional related to a foundation on the property? If YES, 148
disclose the testing or inspection method, the areas or locations that 149
were tested or inspected, the results of such testing or inspection and 150
attach a copy of the report concerning such testing or inspection. 151
(vi) Do you have any knowledge of any repairs related to a 152
foundation on the property? If YES, describe such repairs, disclose the 153
areas repaired and attach a copy of the report concerning such repairs. 154
(vii) Do you have any knowledge related to the presence of pyrrhotite 155
in a foundation on the property? If YES, explain: 156
(viii) Roof type; Age? 157
(ix) Roof leaks? If YES, explain: 158
(x) Exterior siding problems? If YES, explain: 159
(xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES, 160
explain: 161
(xii) Patio/deck problems? If YES, explain: 162
(xiii) If constructed of Wood, is the Wood Treated or Untreated? 163
(xiv) Driveway problems? If YES, explain: 164
(xv) Water drainage problems? If YES, explain: 165
(xvi) Interior Floor, Wall and/or Ceiling problems? If YES, explain: 166
(xvii) Fire and/or Smoke damage? If YES, explain: 167
(xviii) Termite, Insect, Rodent or Pest Infestation problems? If YES, 168
explain: 169
(xix) Rot or Water damage problems? If YES, explain: 170
(xx) Is house insulated? If YES, Type: Location: 171 Raised Bill No. 112
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(xxi) Has a test for Radon been performed? If YES, attach a copy of 172
the report. 173
(xxii) Is there a Radon Control System in place? If YES, explain: 174
(xxiii) Has a Radon control system been in place in the previous 12 175
months? If YES, explain: 176
(I) The Seller should attach additional pages to further explain any 177
item(s) above. Indicate here the number of additional pages attached: 178
(J) Questions contained in subparagraphs (A) to (I), inclusive, of this 179
subdivision shall contain checkboxes indicating "yes", "no", "not 180
applicable" or "unknown". 181
(3) The written residential condition report shall contain the 182
following immediately below the questions contained in subparagraphs 183
(A) to (I), inclusive, of subdivision (2) of this subsection: 184
A certification by the seller in the following form: 185
SELLER'S CERTIFICATION 186
"To the extent of the seller's knowledge as a property owner, the seller 187
acknowledges that the information contained above is true and accurate 188
for those areas of the property listed. In the event a real estate broker or 189
salesperson is utilized, the seller authorizes the brokers or salespersons 190
to provide the above information to prospective buyers, selling agents 191
or buyers' agents. 192
T1 .... (Date) .... (Seller)
T2 .... (Date) .... (Seller)"
(4) The written residential condition report shall contain the 193
following in a separate section immediately below the seller's 194
certification: 195 Raised Bill No. 112
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IMPORTANT INFORMATION 196
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS 197
This report in no way relieves a real estate broker of the broker's 198
obligation under the provisions of section 20-328-5a of the Regulations 199
of Connecticut State Agencies to disclose any material facts. Failure to 200
do so could result in punitive action taken against the broker, such as 201
fines, suspension or revocation of license. 202
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY 203
Any representations made by the seller on the written residential 204
condition report shall not constitute a warranty to the buyer. 205
(C) NATURE OF REPORT 206
This Residential Property Condition Report is not a substitute for 207
inspections, tests and other methods of determining the physical 208
condition of property. 209
(D) INFORMATION ON THE RESIDENCE OF CONVICTED 210
FELONS 211
Information concerning the residence address of a person convicted 212
of a crime may be available from law enforcement agencies or the 213
Department of Public Safety. 214
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 215
Prospective buyers should consult with the municipal building 216
official in the municipality in which the property is located to confirm 217
that building permits and certificates of occupancy have been issued for 218
work on the property. 219
(F) HOME INSPECTION 220
Buyers should have the property inspected by a licensed home 221
inspector. 222 Raised Bill No. 112
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(G) CONCRETE FOUNDATION 223
Prospective buyers may have a concrete foundation inspected by a 224
licensed professional engineer who is a structural engineer for 225
deterioration of the foundation due to the presence of pyrrhotite. 226
(5) The written residential condition report shall contain the 227
following immediately below the stat ements contained in 228
subparagraphs (A) to (G), inclusive, of subdivision (4) of this subsection: 229
A certification by the buyer in the following form: 230
BUYER'S CERTIFICATION 231
"The buyer is urged to carefully inspect the property and, if desired, 232
to have the property inspected by an expert. The buyer understands that 233
there are areas of the property for which the seller has no knowledge 234
and that this report does not encompass those areas. The buyer also 235
acknowledges that the buyer has read and received a signed copy of this 236
report from the seller or seller's agent. 237
T3 .... (Date) .... (Buyer)
T4 .... (Date) .... (Buyer)"
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 20-327b(d)
Statement of Purpose:
To require the seller of real property on which a dam or similar structure
is located to disclose the existence of such dam or similar structure on a
residential condition report.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]