STATE OF NEW YORK ________________________________________________________________________ 8506--A IN SENATE February 6, 2024 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to individual sewage disposal system disclosures; and to amend the real property law, in relation to providing information on septic system operation and maintenance on the property condition disclosure statement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 3 and 5 of section 396-s of the general 2 business law, as added by chapter 521 of the laws of 1980, are amended 3 to read as follows: 4 2. On and after July first, nineteen hundred eighty-one every vendor 5 shall, either in person or by certified mail, deliver to a vendee at the 6 time of the transfer of title of the [newly constructed] home serviced 7 by an individual sewage disposal system a copy of the health [bulletin] 8 pamphlet. If the political subdivision within which the home is located 9 has published a waste treatment handbook or pamphlet on individual 10 sewage disposal systems, the vendor shall supply a copy of such informa- 11 tional material to the vendee in the same manner as the health pamphlet. 12 3. The commissioner of the department of health is hereby directed to 13 modify the contents of the health pamphlet in such a manner that such 14 [bulletin] pamphlet shall contain information relating to the proper 15 method of operating and maintaining individual sewage disposal systems. 16 Such information shall be in clear and concise language readily compre- 17 hensible by vendees and shall identify potential problems that vendees 18 may encounter with individual sewage disposal systems. The modification 19 to the health [bulletin] pamphlet required by this subdivision shall be 20 made on or before the effective date of this section and shall be 21 included within any health pamphlet to be distributed by the department 22 on and after July first, nineteen hundred eighty-one. 23 5. Any vendor violating this section shall be [subject to a fine of 24 one] assessed a civil penalty not to exceed two hundred fifty dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14097-03-4
S. 8506--A 2 1 § 2. Subdivision 2 of section 462 of the real property law, as amended 2 by chapter 484 of the laws of 2023, is amended to read as follows: 3 PROPERTY CONDITION DISCLOSURE STATEMENT 4 NAME OF SELLER OR SELLERS: 5 PROPERTY ADDRESS: 6 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 7 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 8 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 9 BUYER OF A BINDING CONTRACT OF SALE. 10 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 11 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 12 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 13 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 14 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 15 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 16 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 17 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 18 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 19 TRANSFER OF TITLE. 20 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 21 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 22 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 23 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 24 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 25 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 26 OWNED IN FEE SIMPLE BY THE SELLER. 27 INSTRUCTIONS TO THE SELLER: 28 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 29 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 30 REQUIRED. 31 (c) COMPLETE THIS FORM YOURSELF. 32 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 33 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 34 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 35 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 36 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 37 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 38 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 39 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 40 GENERAL INFORMATION 41 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 42 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 43 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 44 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 45 GATE FOR THE PRESENCE OF LEAD BASED PAINT. 46 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 47 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 48 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 49 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 50 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 51 UNKN NA (IF YES, EXPLAIN BELOW) 52 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 53 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 54 YES, EXPLAIN BELOW)
S. 8506--A 3 1 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 2 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 3 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 4 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 5 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 6 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 7 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 8 NO UNKN NA (IF NO, EXPLAIN BELOW) 9 ENVIRONMENTAL 10 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 11 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 12 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 13 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 14 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 15 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR 16 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL 17 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED 18 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI- 19 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER 20 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS 21 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, 22 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD 23 CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND 24 INDOOR MOLD. 25 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 26 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 27 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. 28 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY 29 MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA 30 (IF YES, EXPLAIN BELOW) 31 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE 32 SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD- 33 ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT 34 FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES, 35 EXPLAIN BELOW) 36 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A 37 MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING 38 TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO 39 UNKN NA (IF YES, EXPLAIN BELOW) 40 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO 41 OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN 42 NA (IF YES, EXPLAIN BELOW) 43 HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK 44 FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES 45 FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN 46 AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR- 47 AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD 48 ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND 49 THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT 50 HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD- 51 ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED 52 EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED 53 IN CURRENT FLOOD INSURANCE RATE MAPS. S. 8506--A 4 1 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI- 2 OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION 4 (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD 5 DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR 6 PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE 7 REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE 8 OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT 9 IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE. 10 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES, 11 ATTACH A COPY OF THE POLICY) 12 A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER 13 FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER- 14 MINE WHETHER YOU ARE COVERED. 15 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY? 16 YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE) 17 AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED 18 SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT 19 THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE 20 PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO 21 HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE 22 PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE 23 FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY. 24 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH 25 ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE 26 PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 27 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 28 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 29 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 30 UNKN NA (IF YES, EXPLAIN BELOW) 31 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 32 (IF YES, EXPLAIN BELOW) 33 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 34 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, 35 ARE THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY 36 LEAKING OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, 37 EXPLAIN BELOW) 38 22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 39 LOCATION OR LOCATIONS BELOW) 40 23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 41 OR LOCATIONS BELOW) 42 24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 43 OF THE REPORT) 44 25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 45 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 46 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON 47 THE PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES 48 NO UNKN NA (IF YES, DESCRIBE BELOW) 49 26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 50 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 51 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES 52 NO UNKN NA (IF YES, ATTACH REPORT(S)) 53 27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES, 54 ATTACH A COPY OF THE REPORT) 55 STRUCTURAL
S. 8506--A 5 1 28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 2 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 3 29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 4 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 5 30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 6 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 7 31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 8 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 9 REPORT(S)) 10 32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 11 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 12 FERABLE WARRANTY ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 13 YES, EXPLAIN BELOW) 14 33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 15 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 16 PARTITIONS? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 17 MECHANICAL SYSTEMS & SERVICES 18 34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 19 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 20 35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 21 (IF YES, DESCRIBE BELOW) 22 36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 23 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 24 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 25 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 26 EXPLAIN BELOW) 27 More information on "septic system operation and maintenance" can be 28 found on the NYS Department of Health website in the informational 29 health pamphlet made available by the Department of Health pursuant to 30 section 396-s of NYS general business law. 31 37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 32 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 33 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 34 NO UNKN NA (IF YES, EXPLAIN BELOW) 35 38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 36 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 37 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 38 39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER PENETRATION OR DAMAGE 39 DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAIN- 40 FALL, COASTAL STORM SURGE, TIDAL INUNDATION OR RIVER OVERFLOW? 41 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 42 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, 43 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 44 40. PLUMBING SYSTEM? YES NO UNKN NA 45 41. SECURITY SYSTEM? YES NO UNKN NA 46 42. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 47 43. SMOKE DETECTOR? YES NO UNKN NA 48 44. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 49 45. SUMP PUMP? YES NO UNKN NA 50 46. FOUNDATION/SLAB? YES NO UNKN NA 51 47. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 52 48. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 53 49. FLOORS? YES NO UNKN NA 54 50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 55 51. PATIO/DECK? YES NO UNKN NA
S. 8506--A 6 1 52. DRIVEWAY? YES NO UNKN NA 2 53. AIR CONDITIONER? YES NO UNKN NA 3 54. HEATING SYSTEM? YES NO UNKN NA 4 55. HOT WATER HEATER? YES NO UNKN NA 5 56. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN 6 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE 7 PROPERTY (E.G. TAX RECORDS AND WETLAND AND FEMA'S CURRENT FLOOD 8 INSURANCE RATE MAPS AND ELEVATION CERTIFICATES) 9 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 10 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 11 TIONAL PAGES ATTACHED. 12 ______________________________________________________________ 13 ______________________________________________________________ 14 ______________________________________________________________ 15 ______________________________________________________________ 16 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 17 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 18 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 19 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 20 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 21 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 22 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 23 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 24 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 25 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 26 SELLER__________ DATE___________ 27 SELLER__________ DATE___________ 28 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 29 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 30 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 31 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 32 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 33 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 34 BUYER__________ DATE__________ 35 BUYER__________ DATE _________ 36 § 3. This act shall take effect July 1, 2025.