(a) Except as otherwise provided in this section, each person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report to the prospective purchaser at any time prior to the prospective purchaser’s execution of any binder, contract to purchase, option or lease containing a purchase option. A photocopy, duplicate original, facsimile transmission or other exact reproduction or duplicate of the written residential condition report containing the prospective purchaser’s written receipt shall be attached to any written offer, binder or contract to purchase. A photocopy, duplicate original, facsimile transmission or other exact reproduction or duplicate of the written residential condition report containing the signatures of both seller and purchaser shall be attached to any agreement to purchase the property.
Terms Used In Connecticut General Statutes 20-327b
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- broker: means (A) any person, partnership, association, limited liability company or corporation which acts for another person or entity and for a fee, commission or other valuable consideration, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase or rental of, an estate or interest in real estate, or a resale of a mobile manufactured home, as defined in subdivision (1) of section 21-64, or collects or offers or attempts to collect rent for the use of real estate, and (B) any person, partnership, association, limited liability company or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, upon commission, upon a salary and commission basis or otherwise to sell such real estate, or any parts thereof, in lots or other parcels, and who sells or exchanges, or offers, attempts or agrees to negotiate the sale or exchange of, any such lot or parcel of real estate. See Connecticut General Statutes 20-311
- Commission: means the Connecticut Real Estate Commission appointed under the provisions of section 20-311a. See Connecticut General Statutes 20-311
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means any individual, partnership, association, limited liability company or corporation. See Connecticut General Statutes 20-311
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- salesperson: means a person affiliated with any real estate broker as an independent contractor or employed by a real estate broker to list for sale, sell or offer for sale, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate, or to offer for resale, a mobile manufactured home, as defined in subdivision (1) of section 21-64, or to lease or rent or offer to lease, rent or place for rent any real estate, or to collect or offer or attempt to collect rent for the use of real estate for or on behalf of such real estate broker, or who offers, sells or attempts to sell the real estate or mobile manufactured homes of a licensed broker, or acting for another as a designated seller agent or designated buyer agent, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase or rental of, an estate or interest in real estate, or a resale of a mobile manufactured home, as defined in subsection (a) of section 21-64, or collects or offers or attempts to collect rent for the use of real estate, but does not include employees of any real estate broker whose principal occupation is clerical work in an office, or janitors or custodians engaged principally in that occupation. See Connecticut General Statutes 20-311
(b) The following shall be exempt from the provisions of this section: (1) Any transfer from one or more co-owners solely to one or more of the co-owners; (2) transfers made to the spouse, mother, father, brother, sister, child, grandparent or grandchild of the transferor where no consideration is paid; (3) transfers pursuant to an order of the court; (4) transfers of newly-constructed residential real property for which an implied warranty is provided under chapter 827; (5) transfers made by executors, administrators, trustees or conservators; (6) transfers by the federal government, any political subdivision thereof or any corporation, institution or quasi-governmental agency chartered by the federal government; (7) transfers by deed in lieu of foreclosure; (8) transfers by the state of Connecticut or any political subdivision thereof; (9) transfers of property which was the subject of a contract or option entered into prior to January 1, 1996; and (10) any transfer of property acquired by a judgment of strict foreclosure or by foreclosure by sale or by a deed in lieu of foreclosure.
(c) The provisions of this section shall apply only to transfers by sale, exchange or lease with option to buy, of residential real property consisting of not less than one nor more than four dwelling units which shall include cooperatives and condominiums, and shall apply to all transfers, with or without the assistance of a licensed real estate broker or salesperson, as defined in section 20-311.
(d) The Commissioner of Consumer Protection shall prescribe the written residential disclosure report required by this section and sections 20-327c to 20-327e, inclusive. The written residential disclosure report shall be based upon a template that the commissioner shall prescribe. Such template shall: Fit on pages being not more than eight and one-half inches in height and eleven inches in width, with type size no smaller than nine-point type, other than checkboxes or section headers, which may be in a smaller size; include the address of the subject property on each page; include page numbers on each page; include section headings in bold type and include space for the buyer and the seller’s initials on each page, except the signature page. The report shall contain the following, in the order indicated:
(1) A section entitled “Instructions to Sellers”
You MUST answer ALL questions to the best of your knowledge.
Identify/Disclose any problems regarding the subject property.
YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS FORM ON YOUR BEHALF.
UNK means Unknown, N/A means Not Applicable.
If you need additional space to complete any answer or explanation, attach additional page(s) to this form. Include subject property address, seller’s name and the date.
(2) Pursuant to the Uniform Property Condition Disclosure Act, the seller is obligated to answer the following questions and to disclose herein any knowledge of any problem regarding the following:
(A) A subsection entitled “Subject Property”
(i) Name of seller(s)
(ii) Street address, municipality, zip code
(B) A subsection entitled “General Information”
(i) Indicate the YEAR the structure was built:
(ii) Indicate HOW LONG you have occupied the property: If not applicable, indicate with N/A.
(iii) Does anyone else claim to own any part of your property, including, but not limited to, any encroachment(s)? If YES, explain:
(iv) Does anyone other than you have or claim to have any right to use any part of your property, including, but not limited to, any easement or right-of-way? If YES, explain:
(v) Is the property in a flood hazard area or an inland wetlands area? If YES, explain:
(vi) Do you have any reason to believe that the municipality in which the subject property is located may impose any assessment for purposes such as sewer installation, sewer improvements, water main installation, water main improvements, sidewalks or other improvements? If YES, explain:
(vii) Is the property located in a municipally designated village district, municipally designated historic district or listed on the National Register of Historic Places? If YES, explain:
(viii) Special Statement: Information concerning village districts and historic districts may be obtained from the municipality’s village or historic district commission, if applicable.
(ix) Is the property located in a special tax district? If YES, please explain:
(x) Is the property subject to any type of land use restrictions, other than those contained within the property’s chain of title or that are necessary to comply with state laws or municipal zoning? If YES, explain:
(xi) Is the property located in a common interest community? If YES, is it subject to any community or association dues or fees? Please explain:
(xii) Do you have any knowledge of prior or pending litigation, government agency or administrative actions, orders or liens on the property related to the release of any hazardous substance? If YES, please explain:
(C) A subsection entitled “Leased Equipment”
Does the property include any Leased or Rented Equipment that would necessitate or obligate either of the following: The assignment or transfer of the lease or rental agreement(s) to the buyer or the replacement or substitution of the equipment by the buyer? If YES, indicate by checking ALL items that apply: PROPANE FUEL TANK; WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER
(D) A subsection entitled “Mechanical/Utility Systems”
(i) Heating system problems? If YES, explain. List Fuel Types.
(ii) Hot water heater Type: Age: Hot water problems? If YES, explain:
(iii) Is there an underground storage tank? If YES, give AGE of tank and LOCATION.
(iv) Are you aware of any problems with the underground storage tank? If YES, explain:
(v) During the time you have owned the property, has there ever been an underground storage tank located on the property? If YES, has it been removed? If YES, what was the date of removal and what was the name and address of the person or business who removed such underground storage tank? Provide any and all written documentation of such removal within your control or possession by attaching a copy of such documentation to this form.
(vi) Air conditioning problems? If YES, explain: Air conditioning Type: Central; Window; Other
(vii) Plumbing system problems? If YES, explain:
(viii) Electrical System problems? If YES, explain:
(ix) Electronic security system problems? If YES, explain:
(x) Are there carbon monoxide or smoke detectors located in a dwelling on the property? If YES, state the NUMBER of such detectors and whether there have been problems with such detectors;
(xi) Fire sprinkler system problems? If YES, explain:
(E) A subsection entitled “Water System”
(i) Domestic Water System Type: Public; Private Well; Other
(ii) If Public Water:
(I) Is there a separate expense/fee for water usage? If YES, is the expense/fee for water usage flat or metered? Give the AMOUNT and explain:
(II) Are there any UNPAID water charges? If YES, state the amount unpaid:
(iii) If Private Well:
Has the well water been tested for contaminants/volatile organic compounds? If YES, attach a copy of the report.
(iv) If Public Water or Private Well: Are you aware of any problems with the well, or with the water quality, quantity, recovery, or pressure? If YES, explain:
(F) A subsection entitled “Sewage Disposal System”
(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other
(ii) If Public Sewer:
(I) Is there a separate charge made for sewer use? If YES, is it Flat or Metered?
(II) If it is a Flat amount, state amount and due dates:
(III) Are there any UNPAID sewer charges? If any unpaid sewer charges, state the amount:
(iii) If Private:
(I) Name of service company
(II) Date last pumped: AND frequency:
(III) For any sewage system, are there problems? If YES, explain:
(G) A subsection entitled “Asbestos/Lead”
(i) Are asbestos containing insulation or building materials present? If YES, location:
(ii) Is lead paint present? If YES, location:
(iii) Is lead plumbing present? If YES, location:
(H) A subsection entitled “Building/Structure/Improvements”
(i) Is the foundation made of concrete? If NO, explain:
(ii) Foundation/Slab problems or settling? If YES, explain:
(iii) Basement Water Seepage/Dampness? If YES, explain Amount, Frequency and Location:
(iv) Sump pump problems? If YES, explain:
(v) Do you have any knowledge of any testing or inspection done by a licensed professional related to a foundation on the property? If YES, attach a copy of the report.
(vi) Do you have any knowledge of any repairs related to a foundation on the property? If YES, explain:
(vii) Roof type; Age?
(viii) Roof leaks? If YES, explain:
(ix) Exterior siding problems? If YES, explain:
(x) Chimney, Fireplace, Wood or Coal Stove problems? If YES, explain:
(xi) Patio/deck problems? If YES, explain:
(xii) If constructed of Wood, is the Wood Treated or Untreated?
(xiii) Driveway problems? If YES, explain:
(xiv) Water drainage problems? If YES, explain:
(xv) Interior Floor, Wall and/or Ceiling problems? If YES, explain:
(xvi) Fire and/or Smoke damage? If YES, explain:
(xvii) Termite, Insect, Rodent or Pest Infestation problems? If YES, explain:
(xviii) Rot or Water damage problems? If YES, explain:
(xix) Is house insulated? If YES, Type: Location:
(xx) Has a test for Radon been performed? If YES, attach a copy of the report.
(xxi) Is there a Radon Control System in place? If YES, explain:
(xxii) Has a Radon control system been in place in the previous 12 months? If YES, explain:
(I) The Seller should attach additional pages to further explain any item(s) above. Indicate here the number of additional pages attached:
(J) Questions contained in subparagraphs (A) to (I), inclusive, of this subdivision shall contain checkboxes indicating “yes”, “no”, “not applicable” or “unknown”.
(3) The written residential disclosure report shall contain the following immediately below the questions contained in subparagraphs (A) to (I), inclusive, of subdivision (2) of this subsection:
A certification by the seller in the following form:
“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.
(4) The written residential disclosure report shall contain the following in a separate section immediately below the seller’s certification:
(A) RESPONSIBILITIES OF REAL ESTATE BROKERS
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.
(B) STATEMENTS NOT TO CONSTITUTE A WARRANTY
Any representations made by the seller on the written residential disclosure report shall not constitute a warranty to the buyer.
(C) NATURE OF DISCLOSURE REPORT
This Residential Property Condition Disclosure Report is not a substitute for inspections, tests and other methods of determining the physical condition of property.
(D) INFORMATION ON THE RESIDENCE OF CONVICTED FELONS
Information concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Public Safety.
(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
Prospective buyers should consult with the municipal building official in the municipality in which the property is located to confirm that building permits and certificates of occupancy have been issued for work on the property.
(F) HOME INSPECTION
Buyers should have the property inspected by a licensed home inspector.
(G) CONCRETE FOUNDATION
Prospective buyers may have a concrete foundation inspected by a licensed professional engineer who is a structural engineer for deterioration of the foundation due to the presence of pyrrhotite.
(5) The written residential disclosure report shall contain the following immediately below the statements contained in subparagraphs (A) to (G), inclusive, of subdivision (4) of this subsection:
A certification by the buyer in the following form:
“The buyer is urged to carefully inspect the property and, if desired, to have the property inspected by an expert. The buyer understands that there are areas of the property for which the seller has no knowledge and that this disclosure statement does not encompass those areas. The buyer also acknowledges that the buyer has read and received a signed copy of this statement from the seller or seller’s agent.
(e) On or after January 1, 1996, the Commissioner of Consumer Protection shall make available the residential disclosure report prescribed in accordance with the provisions of this section and sections 20-327c to 20-327e, inclusive, to the Division of Real Estate, all municipal town clerks, the Connecticut Association of Realtors, Inc., and any other person or institution that the commissioner believes would aid in the dissemination and distribution of such form. The commissioner shall also cause information concerning such form and the completion of such form to be disseminated in a manner best calculated, in the commissioner’s judgment, to reach members of the public, attorneys and real estate licensees.
(f) Any residential disclosure report prescribed in accordance with the provisions of this section and sections 20-327c to 20-327e, inclusive, shall take effect for new listings thirty days following posting of the notice regarding such report on the Department of Consumer Protection’s Internet web site.