Sec. 20-327b. Residential condition reports. Exemption. Regulations.
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: (A) Whether such assessment is in effect and
the amount of the assessment; (B) whether there is an assessment on the property that
has not been paid, and if so, the amount of the unpaid assessment; and (C) 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:
(A) 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.
.... (Date) .... (Seller)
.... (Date) .... (Seller)
(B) 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.
.... (Date) .... (Seller)
.... (Date) .... (Seller)
(C) A statement concerning the responsibility of real estate brokers in the following form:
"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."
(D) A statement that any representations made by the seller on the written residential
disclosure report shall not constitute a warranty to the buyer.
(E) A statement that the written residential disclosure report is not a substitute for
inspections, tests and other methods of determining the physical condition of property.
(F) Information concerning environmental matters such as lead, radon, subsurface
sewage disposal, flood hazards and, if the residence is or will be served by well water,
as defined in section 21a-150, the results of any water test performed for volatile organic
compounds and such other topics as the Commissioner of Consumer Protection may
determine would be of interest to a buyer.
(G) A statement that 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 and that the Department of Public Safety maintains a site on the Internet
listing information about the residence address of persons required to register under
section 54-251, 54-252, 54-253 or 54-254, who have so registered.
(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.
(P.A. 95-311, S. 1, 5; P.A. 96-200, S. 1; P.A. 98-10, S. 39; P.A. 00-179; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A.
04-144, S. 5; 04-189, S. 1; P.A. 06-81, S. 1; P.A. 07-217, S. 87.)
History: P.A. 95-311 effective January 1, 1996; P.A. 96-200 amended Subsec. (a) re the timing and medium of residential
condition reports, amended Subdiv. (10) of Subsec. (b) to require "strict foreclosure", amended Subsec. (c) to include
"cooperatives and condominiums", and substituted "salesperson" for "salesman"; P.A. 98-10 made technical changes in
Subsecs. (a) and (b); P.A. 00-179 amended Subsec. (b) to make a technical change for the purpose of gender neutrality
and amended Subsec. (d) to add provisions in Subdiv. (1) requiring regulations to provide that the form include information
concerning municipal assessments and delete "on or before January 1, 1996", to add new Subdiv. (2)(G) requiring statement
re information on the residence address of a person convicted of a crime, and to make a technical change for the purpose
of gender neutrality; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of
Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-144 amended Subsec. (d)(2)(F) by requiring form
to contain information re flood hazards; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-81 amended
Subsec. (d)(2)(F) to require disclosure report to contain information on the results of any water test performed for volatile
organic compounds if the residence is or will be served by well water; P.A. 07-217 made technical changes in Subsec.
(d)(1), effective July 12, 2007.
Legislative history of section reinforces conclusion that information to be disclosed is limited to representations of fact
about which vendor has actual knowledge. Function of report under section is to diminish risk of litigation by facilitating
meaningful communications between vendor and prospective purchaser; it does not require vendor to assume role of
warrantor of conditions of which vendor was in fact unaware. 76 CA 352. Section does not govern negligent misrepresentation actions. Id. Section does not preclude existing common law actions for misrepresentations made by vendor regarding
the condition of residential property. Id.