Sec. 20-329q. Statement to purchaser.
Sec. 20-329q. Statement to purchaser. (a) Every real property securities dealer
selling or attempting to sell any real property security shall personally sign and deliver
to the purchaser a statement in writing, containing all the information required by subsection (b) of this section before the purchaser shall be obligated to complete the transaction.
No such real property securities dealer shall permit a purchaser to sign the statement if
any information required by said subsection (b) is omitted. The real property securities
dealer shall retain an executed copy of the statement for four years.
(b) The statement required by subsection (a) of this section shall be in a form prescribed and approved by the commission and shall include, but not be limited to, the
following information:
(1) The legal description or address of the property subject to the lien securing the
note or contract being made or sold;
(2) The name and address of the fee owner of the property subject to the lien securing
the note or contract being made or sold;
(3) Available information relative to the ability of the person liable on the obligation
to meet such person's contractual payments;
(4) Any improvements on the property or the absence of such improvements;
(5) Any streets, sewers, water mains, curbs and gutters on or adjacent to the property
or the absence thereof;
(6) Terms and conditions of the contract or note being made or sold, including
the principal balance owing thereon, and the status of principal and interest payments
thereon;
(7) A statement of the approximate balloon payment on the note or contract being
made or sold, which shall appear prominently in words and figures;
(8) If available, the terms and conditions of all prior recorded encumbrances which
constitute liens upon the property, the principal balance of such encumbrances, and the
status of principal and interest payments thereon;
(9) Amounts and terms of tax liens and assessments, if available;
(10) A written statement of the real property securities dealer's considered opinion
of the current fair market value of the property and of the equity in the property securing
the note or contract or that the purchaser will obtain his own appraisal of such property;
(11) Whether the real property securities dealer is acting as a principal or as an
agent;
(12) A statement that the transaction is in compliance with the provisions of sections
20-329o to 20-329bb, inclusive; and
(13) Such other information as the Commissioner of Consumer Protection, with
the advice and assistance of the commission, may require by regulation adopted in
accordance with chapter 54.
(1971, P.A. 603, S. 3, 4; P.A. 77-614, S. 237, 610; P.A. 98-10, S. 54; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 77-614 amended Subsec. (b)(13) to refer to information required by consumer protection commissioner
with advice of real estate commission rather than to information required by the commission itself, effective January 1,
1979; P.A. 98-10 made technical changes in Subsec. (b); 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. 04-189 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.