NY State Senate Bill 2009-S5978

Senate Bill S5978

2009-2010 Legislative Session

Increases the truth in heating penalties and amends the enhanced property disclosure statement

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Jun 19, 2009	referred to rules

co-Sponsors

2009-S5978 (ACTIVE) - Details

See Assembly Version of this Bill:: A8709
Current Committee:: Senate Energy And Telecommunications
Law Section:: Energy Law
Laws Affected:: Amd §17-103, Energy L; amd §462, RP L

2009-S5978 (ACTIVE) - Summary

Increases the truth in heating penalties and amends the enhanced property disclosure statement.

2009-S5978 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5978

 TITLE OF BILL :

An act to amend the energy law, in relation to increasing truth in
heating penalties; and to amend the real property law, in relation to
amending the enhanced property disclosure statement


 PURPOSE OF THE BILL :

This bill seeks to enhance property disclosure statements to notify
prospective homebuyers of their right to receive the property's recent
energy cost history and the energy efficiency status of any appliances
being sold with the property.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends Energy Law § 17-103 to fortify and renew
the significance of the Truth in Heating Law by increasing the maximum
penalty that may be recovered for any violation of the law from one
hundred dollars ($100) to five hundred dollars ($500).

Section 2 of the bill amends Real Property Law § 462 to require a
seller of real property to provide in the property disclosure
statement any available information on the type and area of

installation, and the energy efficiency of any appliances that are
included in the sale of the property, if known. In addition, the bill
requires the disclosure include a notice to the buyer advising the
buyer that he or she is entitled to the past two years fuel or utility
vendors bills for the property being considered for purchase.  The
disclosure must also include a notice to the seller advising them of
their right to such records.

Section 3 of the bill provides that section 1 would take effect
immediately, and section 2 would take effect 120 days after it becomes
law.

 EXISTING LAW :

Energy Law § 17-103, the Truth in Heating Law was established in 1981
to afford potential real estate purchasers and renters a right to
receive the past two years utility and/or fuel bills for any property
they are considering purchasing or renting. Sellers are required to
furnish potential buyers or renters with such information within 15
days of receipt of a written request. Such request must be received in
advance of the buyer and seller, or lessor and lessee entering into
any binding contractual agreement for the property in question.

Section 462 of the Real Property Law, the Property Condition
Disclosure in the Sale of Residential Real Property was established in
2001 to benefit both buyers and sellers with a better basis for
negotiating a purchase and sales agreement.

Both the Truth in Heating Law and the Property Disclosure Statement
requirement are limited to residential property that is improved by a
one to four family dwelling used or intended to be used or occupied as
a home or residence of one or more persons.

 PRIOR LEGISLATIVE HISTORY :

None.

 STATEMENT IN SUPPORT :


This bill would require that a notice be placed on the Property
Condition Disclosure Statement educating buyers of their right to
request and review a two year history of the property's utility or
fuel bills, as well as any available information regarding the type of
insulation in the dwelling and the energy efficiency of any appliance
included in the sale. Although consumers have been entitled to this
information under the Truth in Heating law since 1981, the vast
majority of buyers are unaware of their rights relating to energy
consumption disclosure.

As energy prices continue to be at high levels, the ability of
consumers to heat and cool their homes is becoming more and more
challenging. These prices, combined with the dramatic increase in the
cost of food, goods and services in the marketplace, have created an
environment that is forcing more and more consumers to be aware.
Those considering purchasing or leasing property should be informed of
the potential costs of their energy usage in the new property.  While
a sales price and corresponding mortgage obligation or a monthly rent
payment may be affordable, an energy inefficient home or apartment may
be a budget buster for some consumers.  Advanced notice of heating
and/or cooling costs associated with a property also benefits the fuel
and utility suppliers by creating an informed marketplace where
consumers are better equipped to pay their bills.

This measure may also act as a catalyst to encourage sellers and
lessors to invest in energy efficient appliances and property
improvements that might entice prospective buyers or lessees, and
thereby contribute to the reduction of energy consumption in the
State.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
Section 1 would take effect immediately.  Section 2 would take effect
120 days after enactment.

2009-S5978 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5978

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced by Sens. PARKER, HASSELL-THOMPSON, THOMPSON -- (at request of
  the  Consumer Protection Board) -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the energy law, in relation to increasing truth in heat-
  ing penalties; and to amend the real  property  law,  in  relation  to
  amending the enhanced property disclosure statement

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 3 of  section  17-103  of  the
energy  law, as amended by chapter 19 of the laws of 1990, is amended to
read as follows:
  (a) The maximum penalty which may be  recovered  pursuant  to  section
5-119  of  this  chapter, for a violation of this section by any seller,
lessor or vendor shall be [one] FIVE hundred dollars for  each  separate
and  distinct  violation; provided, however, that (i) a seller shall not
be in violation of this section due  to  the  failure  by  a  vendor  to
furnish  heating  and/or cooling bills upon receipt of such a request by
the seller, and (ii) a lessor shall not be in violation of this  section
if  the lessor commenced an act to obtain immediately the heating and/or
cooling bills upon receiving notice that the structure was to be vacated
and had not yet received such bills from the vendor.
  S 2. Section 462 of the real property law, as added by chapter 456  of
the laws of 2001, is amended to read as follows:
  S  462.  Property  condition  disclosure  statement.  1.  Except as is
provided in section four hundred  sixty-three  of  this  article,  every
seller  of  residential real property pursuant to a real estate purchase
contract shall complete and sign a property condition disclosure  state-
ment as prescribed by subdivision two of this section and cause it, or a
copy  thereof,  to be delivered to a buyer or buyer's agent prior to the
signing by the buyer of a binding contract of sale. A copy of the  prop-
erty  condition  disclosure  statement containing the signatures of both

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08168-04-9

S. 5978                             2

seller and buyer shall be attached to the real estate purchase contract.
Nothing contained in  this  article  or  this  disclosure  statement  is
intended to prevent the parties to a contract of sale from entering into
agreements  of any kind or nature with respect to the physical condition
of the property to be sold, including, but not  limited  to,  agreements
for the sale of real property "as is".
  2. The following shall be the disclosure form:

                 PROPERTY CONDITION DISCLOSURE STATEMENT

NAME OF SELLER OR SELLERS:

PROPERTY ADDRESS:

  THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
BUYER OF A BINDING CONTRACT OF SALE.
  PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
  A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
TRANSFER OF TITLE. IN THE EVENT A  SELLER  FAILS  TO  PERFORM  THE  DUTY
PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
  "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
OWNED IN FEE SIMPLE BY THE SELLER.

INSTRUCTIONS TO THE SELLER:
  (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
  (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
REQUIRED.
  (c) COMPLETE THIS FORM YOURSELF.
  (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).

  SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,  TO
PROVIDE  A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.

GENERAL INFORMATION

S. 5978                             3

  1. HOW LONG HAVE YOU OWNED THE PROPERTY?
  2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
  3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
     THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
     GATE FOR THE PRESENCE OF LEAD BASED PAINT.
  4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
     OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
     THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
     RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
  5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
     UNKN NA (IF YES, EXPLAIN BELOW)
  6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
     CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
     YES, EXPLAIN BELOW)
  7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
     ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
     FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
  8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
     SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
     THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
     NO UNKN NA (IF NO, EXPLAIN BELOW)

ENVIRONMENTAL
  NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES  ARE  PRODUCTS  THAT
COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
MENT  IF  THEY  ARE  NOT PROPERLY DISPOSED OF, APPLIED OR STORED.  THESE
INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS,  PESTICIDES  AND  INSECTI-
CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
TIVES,  TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
SOLVENTS INCLUDING SEPTIC TANK CLEANERS,  HOUSEHOLD  CLEANERS  AND  POOL
CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.

  NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.

  10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
      YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
  11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
      YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
  12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
      UNKN  NA (IF YES, EXPLAIN BELOW)
  13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
      (IF YES, EXPLAIN BELOW)
  14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
      BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
      THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
      OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)

S. 5978                             4

  15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
      LOCATION OR LOCATIONS BELOW)
  16. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
      OR LOCATIONS BELOW)
  17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
      OF THE REPORT)
  18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
      ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
      TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
      PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
      UNKN NA (IF YES, DESCRIBE BELOW)
  19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
      OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
      PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
      UNKN NA (IF YES, ATTACH REPORT(S))

STRUCTURAL
  20. IS  THERE  ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
      YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR  STRUCTURES?
      YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  22. IS  THERE  ANY  TERMITE,  INSECT,  RODENT  OR  PEST INFESTATION OR
      DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
  23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT  OR  PEST
      INFESTATION  OR  DAMAGE?  YES  NO  UNKN  NA (IF YES, PLEASE ATTACH
      REPORT(S))
  24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE,  ASPHALT,  OTHER.)?
      ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
      FERABLE  WARRANTEE  ON  THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
      YES, EXPLAIN BELOW)
  25. ARE THERE ANY KNOWN MATERIAL  DEFECTS  IN  ANY  OF  THE  FOLLOWING
      STRUCTURAL  SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
      PARTITIONS[.]? YES NO UNKN NA (IF YES, EXPLAIN BELOW)

MECHANICAL SYSTEMS & SERVICES
  26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY -  WELL,  PRIVATE,
      MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
  27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
      (IF YES, DESCRIBE BELOW)
  28. WHAT  IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
      SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
      AGE? ________ DATE LAST PUMPED?  ________  FREQUENCY  OF  PUMPING?
      ________  ANY  KNOWN  MATERIAL  DEFECTS?   YES NO UNKN NA (IF YES,
      EXPLAIN BELOW)
  29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
      AGE? ________ DOES IT HAVE CIRCUIT  BREAKERS  OR  FUSES?  ________
      PRIVATE  OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
      NO UNKN NA (IF YES, EXPLAIN BELOW)
  30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
      IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO  UNKN  NA
      (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
  31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
      NO UNKN NA (IF YES, EXPLAIN BELOW)
  32.  ARE  APPLIANCES INCLUDED IN THE SALE OF THE PROPERTY? YES NO UNKN
      NA (IF YES, IDENTIFY SUCH APPLIANCES AND PROVIDE ITS ENERGY  EFFI-
      CIENCY STATUS, IF KNOWN, BELOW)

S. 5978                             5

ARE  THERE  ANY  KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):

  [32.] 33. PLUMBING SYSTEM?            YES    NO        UNKN        NA
  [33.] 34. SECURITY SYSTEM?            YES    NO        UNKN        NA
  [34.] 35. CARBON MONOXIDE DETECTOR?   YES    NO        UNKN        NA
  [35.] 36. SMOKE DETECTOR?             YES    NO        UNKN        NA
  [36.] 37. FIRE SPRINKLER SYSTEM?      YES    NO        UNKN        NA
  [37.] 38. SUMP PUMP?                  YES    NO        UNKN        NA
  [38.] 39. FOUNDATION/SLAB?            YES    NO        UNKN        NA
  [39.] 40. INTERIOR WALLS/CEILINGS?    YES    NO        UNKN        NA
  [40.] 41. EXTERIOR WALLS OR SIDING?   YES    NO        UNKN        NA
  [41.] 42. FLOORS?                     YES    NO        UNKN        NA
  [42.] 43. CHIMNEY/FIREPLACE OR STOVE? YES    NO        UNKN        NA
  [43.] 44. PATIO/DECK?                 YES    NO        UNKN        NA
  [44.] 45. DRIVEWAY?                   YES    NO        UNKN        NA
  [45.] 46. AIR CONDITIONER?            YES    NO        UNKN        NA
  [46.] 47. HEATING SYSTEM?             YES    NO        UNKN        NA
  [47.] 48. HOT WATER HEATER?           YES    NO        UNKN        NA
  [48.] 49. THE PROPERTY IS LOCATED IN THE
            FOLLOWING SCHOOL DISTRICT                    UNKN

  NOTE:   UNDER THE TRUTH IN HEATING LAW, AS PROVIDED IN S 17-103 OF THE
ENERGY LAW, PRIOR TO ENTERING INTO A PURCHASING  CONTRACT,  A  BUYER  IS
ENTITLED  UPON  WRITTEN  REQUEST  TO RECEIVE (1) ALL FUEL AND/OR UTILITY
BILLS ASSOCIATED WITH THE HEATING AND COOLING OF THE  PROPERTY  FOR  THE
PREVIOUS  TWO  YEARS  AND  (2) ANY AVAILABLE INFORMATION ON THE TYPE AND
AREAS OF INSULATION CONTAINED WITHIN THE STRUCTURE. IF THE  SELLER  DOES
NOT  HAVE SUCH BILL HISTORY AVAILABLE, THE PROPERTY'S RETAIL FUEL VENDOR
AND/OR UTILITY SERVICE PROVIDER MUST PROVIDE THE RECORDS UPON THE  SELL-
ER'S  REQUEST,  AS  PROVIDED  IN  S  17-103  OF THE ENERGY LAW. BUYER IS
ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING  THE  PROPERTY  (E.G.  TAX
RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
  THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
TIONAL PAGES ATTACHED.

  ______________________________________________________________________
  ______________________________________________________________________
  ______________________________________________________________________
  ______________________________________________________________________

  SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.

  SELLER _______________________________________  DATE ________________
  SELLER _______________________________________  DATE ________________

S. 5978                             6

  BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY  OF  THIS
STATEMENT  AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO  THE
SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
AND  IS  NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.

  BUYER _______________________________________   DATE ________________
  BUYER _______________________________________   DATE ________________

  3. Nothing in this article shall require  a  seller  to  undertake  or
provide  for  any  investigation or inspection of his or her residential
real property or to check any public records.
  S 3. This act shall take effect immediately; provided,  however,  that
section  two  of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

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Senate Bill S5978

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Sponsored By

Kevin S. Parker