Senate Bill S700

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

                                   700

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real  property  law,  in  relation  to  requiring  a
  disclosure statement with regards to water testing

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

  Section 1.  The real property law is amended by adding a  new  section
462-a to read as follows:
  S  462-A.  REQUIRED  DISCLOSURE  OF  WATER  TESTING.  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 DISCLOSURE STATEMENT WITH REGARDS  TO
WATER TESTING 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
SUCH DISCLOSURE STATEMENT CONTAINING THE SIGNATURES OF BOTH  SELLER  AND
BUYER  SHALL  BE ATTACHED TO THE REAL ESTATE PURCHASE CONTRACT.  FAILURE
TO MAKE SUCH DISCLOSURE SHALL SUBJECT THE SELLER  TO  CONSEQUENTIAL  AND
INCIDENTAL  DAMAGES.  IN  ADDITION,  THE  BUYER MAY SEEK RECISION OF THE
CONTRACT AND THE RETURN OF ALL SUMS PAID TO  THE  SELLER.  NO  AGENT  OF
EITHER  THE  BUYER OR THE SELLER TO A REAL ESTATE TRANSACTION SUBJECT TO
THIS SECTION SHALL BE LIABLE FOR A FAILURE TO DISCLOSE  AS  REQUIRED  BY
THIS SUBDIVISION UNLESS SUCH AGENT HAS ACTUAL KNOWLEDGE.
  2. THE FOLLOWING SHALL BE THE WATER TEST DISCLOSURE FORM:

                     WATER TEST DISCLOSURE STATEMENT

NAME OF SELLER OR SELLERS:

PROPERTY ADDRESS:

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

                                                           LBD03602-01-1

S. 700                              2

  REAL  PROPERTY  LAW  SECTION  462-A REQUIRES THE SELLER OF RESIDENTIAL
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 INFORMATION CONCERNING,
WHERE APPLICABLE, THE OCCURRENCE AND RESULTS OF ANY WATER TESTS 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 WATER TESTS.
  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.

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.

WATER TEST DISCLOSURE
  1. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY  -  WELL,  PRIVATE,
      MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
  2. HAS  THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
      (IF YES, DESCRIBE BELOW)
  3.  HAVE ANY WATER TESTS BEEN
      PERFORMED?                    YES        NO        UNKN        NA
  4.  WHAT IS THE DATE OF SUCH WATER
      TESTS?                                             UNKN        NA
  5.  ATTACH WELL TEST RESULTS.                                      NA
  6.  DID THE TEST REVEAL ANY
      FAILURES?                     YES        NO        UNKN        NA
  7.  WHICH PARAMETERS FAILED?                           UNKN        NA
  8.  WAS REMEDIATION DONE?         YES        NO        UNKN        NA
  9.  WHAT TYPE OF REMEDIATION?                          UNKN        NA
  10. WAS THE WELL RETESTED?        YES        NO        UNKN        NA
  11. WHEN WAS THE RETESTING
      PERFORMED?                                         UNKN        NA
  12. ATTACH COPY OF NEW TEST.                                       NA
  13. ANY FURTHER COMMENTS OR INFORMATION RELATING TO YOUR WELL.     NA
      __________________________________________________________________
      __________________________________________________________________
  S 2. The opening paragraph of section 463 of the real property law, as
added by chapter 456 of the laws of 2001, is amended to read as follows:
  [A] THE property condition disclosure statement SET FORTH  IN  SECTION
FOUR  HUNDRED  SIXTY-TWO  OF  THIS ARTICLE AND THE WATER TEST DISCLOSURE
STATEMENT SET FORTH IN SECTION FOUR HUNDRED SIXTY-TWO-A OF THIS  ARTICLE

S. 700                              3

shall  not be required in connection with any of the following transfers
of residential real property:
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.