Residential Real Estate Sales Disclosure Statement
Sec. 20-327b. Residential condition reports. Exemption. Regulations.
(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.
(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) (1) The Commissioner of Consumer Protection,
shall, by regulations adopted in accordance with the provisions of chapter
54, prescribe the form of the written residential disclosure report required
by this section and sections 20-327c to 20-327e, inclusive. The regulations
shall provide that the form include information concerning municipal assessments,
including, but not limited to, sewer or water charges applicable to the
property. Such information shall include: (i) Whether such assessment is
in effect and the amount of the assessment; (ii) whether there is an assessment
on the property that has not been paid, and if so, the amount of the unpaid
assessment; and (iii) to the extent of the seller's knowledge, whether
there is reason to believe that the municipality may impose an assessment
in the future.
(2) Such form of the written residential disclosure
report shall contain the following:
[See USLF Form CT-37014]
Sec. 20-327d. No new implied or express warranties created. Seller not
required to secure inspections, tests or other methods of determining condition
of property.
No provision of section 20-327b or 20-327c: (1) Shall be construed to
create any new implied or express warranties on behalf of the seller of
the property; or (2) shall be construed to require the seller of the property
to secure inspections, tests or other methods of determining the physical
conditions of the property.
(P.A. 95-311, S. 3, 5.)
History: P.A. 95-311 effective January 1, 1996.
Sec. 20-327e. Seller's representations construed to extend to his actual
knowledge only.
The representations made by the seller pursuant to
section 20-327b or 20-327c shall be construed only to extend to the seller's
actual
knowledge of the property and no constructive knowledge shall be imputed
to the seller.
(P.A. 95-311, S. 4, 5.)
History: P.A. 95-311 effective January 1, 1996.