Residential Real Estate Sales Disclosure Statement
CHAPTER 13
RESIDENTIAL REAL PROPERTY SELLER DISCLOSURES
Section
42-1301. Applicability and exceptions [Formerly §
45-951].
42-1302. Written statement; written indication of
compliance [Formerly § 45-952].
42-1303. Scope of liability; information prepared
by third party [Formerly § 45-953].
42-1304. Change in conditions after delivery [Formerly
§ 45-954].
42-1305. Residential disclosure requirements [Formerly
§ 45-955].
42-1306. Good faith disclosure [Formerly § 45-956].
42-1307. Scope of disclosure [Formerly § 45-957].
42-1308. Amendment of disclosure [Formerly §
45-958].
42-1309. Method of delivery [Formerly § 45-959].
42-1310. Failure to comply [Formerly § 45-960].
42-1311. Duty imposed on transferor only [Formerly
§ 45-961].
§ 42-1301. Applicability and exceptions [Formerly §
45-951].
(a)
(1) The provisions of this chapter shall apply only to
the transfer or sale of real estate located in the District of Columbia
consisting of not less than one nor more than 4 residential dwelling units,
whether by sale, exchange, installment land contract, lease with
an option to purchase, or any other option to purchase.
(2) This chapter shall apply only where the purchaser expresses, in
writing, an intent to reside in the property to be transferred.
(b) The provisions of this chapter shall not apply to
any of the following:
(1) Transfers pursuant to court order, including, but
not limited to, transfers ordered by a probate court in administration
of an estate, transfers pursuant to a writ of execution, transfers by any
foreclosure sale, transfers by a trustee in bankruptcy, transfers by eminent
domain, and transfers resulting from a decree for specific performance;
(2) Transfers to a mortgagee by a mortgagor or successor in interest
who is in default, or transfers to a beneficiary of a deed of trust by
a trustor or successor in interest who is in default;
(3) Transfers by a sale under a power of sale or any foreclosure
sale under a decree of foreclosure after default in an obligation secured
by a mortgage or deed of trust or secured by any other instrument containing
a power of sale, or transfers by a mortgagee or a beneficiary under a deed
of trust who has acquired the real property at a sale conducted pursuant
to a power of sale under a mortgage or deed of trust or a sale pursuant
to a decree of foreclosure or has acquired the real property by a deed
in lieu of foreclosure;
(4) Transfers by a nonoccupant fiduciary in the course of the
administration of a decedent's estate, guardianship,
conservatorship, or trust;
(5) Transfers from one cotenant to one or more other co-tenants;
(6) Transfers made to the transferor's spouse, parent, grandparent,
child, grandchild or sibling or any combination of the foregoing;
(7) Transfers between spouses resulting from a judgment of divorce
or a judgment of separate maintenance or from a property settlement agreement
incidental to such a judgment;
(8) Transfers or exchanges to or from any governmental entity;
and
(9) Transfers made by a person of newly constructed residential
property that has not been inhabited.
(1981 Ed., § 45-951; Apr. 20, 1999, D.C. Law 12-263, §
2, 46 DCR 2111.)
§ 42-1302. Written statement; written indication of compliance
[Formerly § 45-952].
(a) The transferor of any real property
described in § 42-1301(a) shall deliver to the prospective transferee
a real property disclosure statement on a form to be approved by
the Mayor. The written statement shall be signed by the transferor and
shall be delivered to the prospective transferee within the following
time limits:
(1) In the case of a sale, before or at the time the
prospective transferee executes a purchase agreement with the transferor;
or
(2) In the case of a sale by an installment sales contract where
a binding purchase agreement has not been executed, or in the case
of a lease together with an option to purchase, before or at the time the
prospective transferee executes the installment sales contract, or
lease, as the case may be, with the transferor.
(b) With respect to any transfer subject
to subsection (a) of this section, the transferor shall indicate compliance
with this chapter either on the purchase agreement, the installment
sales contract, the lease with an option to purchase, or any addendum attached
to the purchase agreement, contract, or lease with an option to purchase,
or on a separate document.
(c) Except as provided in subsection
(d) of this section, if any disclosure required to be made by this chapter
is delivered after the prospective transferee executes a purchase agreement,
installment sales contract, or lease with an option to purchase, the prospective
transferee may terminate any of the foregoing by delivering written notice
of termination to the transferor not later than 5 calendar days after receipt
of the disclosure statement by the prospective transferee, and any deposits
made by the transferee to the transferor shall be promptly returned to
the transferee.
(d) Notwithstanding the provisions of
subsection (c) of this section, the right of a transferee to terminate
is waived if not exercised before the earliest of:
(1) The making of a written application to a lender for
a mortgage loan or financing, provided that the lender discloses in writing
at or before the time application is made that the right to rescind terminates
on submission of the application;
(2) Settlement or the date of occupancy by the purchaser in the
event of a sale; or
(3) Occupancy in the event of a lease with option to purchase.
(1981 Ed., § 45-952; Apr. 20, 1999, D.C. Law 12-263, §
3, 46 DCR 2111.)
§ 42-1303. Scope of liability; information prepared by third
party [Formerly § 45-953].
(a) The transferor is not liable for any error, inaccuracy,
or omission in any information delivered pursuant to this chapter if the
error, inaccuracy, or omission was not within the actual personal knowledge
of the transferor, or was based entirely on information provided by public
agencies or provided by other persons specified in subsection (c) of this
section and ordinary care was exercised in transmitting the information.
It is not a violation of this chapter if the transferor fails to disclose
information that could be obtained only through inspection or
observation of inaccessible portions of real estate or could be discovered
only by a person with expertise in a science or trade beyond the knowledge
of the transferor.
(b) The delivery to a prospective transferee of any information
required by this chapter to be disclosed to a prospective transferee by
a public agency or other person specified in subsection (c) of this section
shall be considered to comply with the requirements of this chapter and
relieves the transferor of any further duty or liability under this chapter
with respect to that item of information, unless the transferor has actual
personal knowledge of a known defect or condition that contradicts the
information provided by the public agency or the person specified in subsection
(c) of this section and knowingly fails to disclose such known defect or
condition.
(c) The delivery to a prospective transferee of a report
or opinion prepared by a licensed professional engineer, professional surveyor,
home inspector, geologist, structural pest control operator, contractor,
or other expert, dealing with matters within the scope of the professional's
license or expertise, is sufficient compliance for application of the exemption
provided in subsection (a) of this section if the information is provided
upon the request of the prospective transferee (provided that nothing in
this chapter shall be construed as imposing on the transferor any obligation
to comply with the request), unless the transferor has actual personal
knowledge of a known defect or condition that contradicts the information
contained in the report or opinion and knowingly fails to disclose the
known defect or condition. In responding to a request by a prospective
transferee, an expert may indicate, in writing, an understanding that the
information provided will be used in fulfilling the requirements of §
42-1305 and, if so, shall indicate the required disclosures, or parts of
disclosures, to which the information being furnished applies. In furnishing
the statement, the expert is not responsible for any items of information
other than those expressly set forth in the statement.
(1981 Ed., § 45-953; Apr. 20, 1999, D.C. Law 12-263, §
4, 46 DCR 2111.)
§ 42-1304. Change in conditions after delivery [Formerly
§ 45-954].
If information disclosed in accordance with
this chapter becomes inaccurate as a result of any action, occurrence,
or agreement after the delivery of the required disclosures, the resulting
inaccuracy does not constitute a violation of this chapter. If at the time
the disclosures are required to be made, an item of information required
to be disclosed under this chapter is unknown or unavailable to the transferor,
the transferor may comply with this chapter by advising a prospective purchaser
of the fact that the information is unknown. The information provided to
a prospective purchaser pursuant to this chapter shall be based upon the
information available and actually known to the transferor.
(1981 Ed., § 45-954; Apr. 20, 1999, D.C. Law 12-263, §
5, 46 DCR 2111.
§ 42-1305. Residential disclosure requirements [Formerly
§ 45-955].
The residential real property disclosure statement
approved by the Mayor shall contain the following:
(1) A list of actually known defects or information concerning
the following:
(A) Water and sewer systems;
(B) Insulation;
(C) Structural systems, including roof, walls, floors, foundation,
and basement;
(D) Plumbing, electrical, heating, and air conditioning systems;
(E) History of infestation by rodents or wood-boring insects,
if any;
(F) Appliances;
(G) Alarm system and intercom system; and
(H) Garage door opener and remote control; and
(I) Fixtures; and
(2) Any other information required by the Mayor to be published by
rulemaking, provided that nothing in this chapter or in any rules shall
be deemed to modify or amend § 42-1755(f).
(1981 Ed., § 45-955; Apr. 20, 1999, D.C. Law 12-263, §
6, 46 DCR 2111.)
§ 42-1306. Good faith disclosure [Formerly § 45-956].
Each disclosure required by this chapter shall be
made in good faith. For the purposes of this chapter, "good faith" means
honesty in fact in the making of the disclosure.
(1981 Ed., § 45-956; Apr. 20, 1999, D.C. Law 12-263, §
7, 46 DCR 2111.)
§ 42-1307. Scope of disclosure [Formerly § 45-957].
The specification of items for disclosure in this
chapter does not limit or abridge any obligation for disclosure created
by any other provision of statutory law regarding fraud, misrepresentation,
or deceit in transfer transactions. If the transferor provides to the prospective
transferee the residential real property disclosure statement required
by this chapter (or the other information described in § 42-1303(b)
or (c)), any licensed agent of the transferor shall be deemed to have complied
with the licensee's obligations under § 42-1703 to disclose to a customer
material adverse facts concerning the physical condition of the property.
(1981 Ed., § 45-957; Apr. 20, 1999, D.C. Law 12-263, §
8, 46 DCR 2111.)
§ 42-1308. Amendment of disclosure [Formerly § 45-958].
Any disclosure made pursuant to this chapter
may be amended in writing by the transferor, but the amendment is subject
to the requirements of § 42-1302.
(1981 Ed., § 45-958; Apr. 20, 1999, D.C. Law 12-263, §
9, 46 DCR 2111.)
§ 42-1309. Method of delivery [Formerly § 45-959].
Delivery of a disclosure statement required by this
chapter shall be by personal delivery, facsimile delivery, or by registered
mail to the prospective transferee. Execution by the transferor of a facsimile
counterpart of the disclosure statement shall be considered to be execution
of the original.
(1981 Ed., § 45-959; Apr. 20, 1999, D.C. Law 12-263, §
10, 46 DCR 2111.)
§ 42-1310. Failure to comply [Formerly § 45-960].
A transfer subject to this chapter shall not be invalidated
solely because of the failure of any person to comply with any provisions
of this chapter.
(1981 Ed., § 45-960; Apr. 20, 1999, D.C. Law 12-263, §
11, 46 DCR 2111.)
§ 42-1311. Duty imposed on transferor only [Formerly §
45-961].
The duty to comply with this chapter is imposed on
a transferor, and not on any real estate agent or real estate broker of
a transferor. A real estate agent or real estate broker of a transferor
shall not be liable for any error, inaccuracy or omission in any information
delivered to any prospective transferee, or for any failure of a transferor
to deliver any information or a real property disclosure statement to the
prospective transferee, or for any violation of this chapter by a transferor,
unless such real estate agent or real estate broker knowingly acts in concert
with such transferor to commit fraud.
(1981 Ed., § 45-961; Apr. 20, 1999, D.C. Law 12-263, §
12, 46 DCR 2111.)
