§ 5-20.8-2 - Disclosure requirements.
SECTION 5-20.8-2
§ 5-20.8-2 Disclosure requirements. –(a) As soon as practicable, but in any event no later than prior to signing anyagreement to transfer real estate, the seller of the real estate shall delivera written disclosure to the buyer and to each agent with whom the seller knowshe or she or the buyer has dealt in connection with the real estate. Thewritten disclosure shall comply with the requirements set forth in subsection(b) of this section and shall state all deficient conditions of which theseller has actual knowledge. The agent shall not communicate the offer of thebuyer until the buyer has received a copy of the written disclosure and signeda written receipt of the disclosure. If the buyer refuses to sign a receiptpursuant to this section, the seller or agent shall immediately sign and date awritten account of the refusal. The agent is not liable for the accuracy orthoroughness of representations made by the seller in the written disclosure orfor deficient conditions not disclosed to the agent by the seller.
(b) The Rhode Island real estate commission may approve aform of written disclosure as required under this chapter or the seller may usea disclosure form substantially conforming to the requirements of this section.The following provisions shall appear conspicuously at the top of any writtendisclosure form: "Prior to the signing of an agreement to transfer real estate(vacant land or real property and improvements consisting of a house orbuilding containing one to four (4) dwelling units), the seller is providingthe buyer with this written disclosure of all deficient conditions of which theseller has knowledge. This is not a warranty by the seller that no otherdefective conditions exist, which there may or may not be. The buyer shouldestimate the cost of repair or replacement of deficient conditions prior tosubmitting an offer on this real estate. The buyer is advised not to relysolely upon the representation of the seller made in this disclosure, but toconduct any inspections or investigations which the buyer deems to be necessaryto protect his or her best interest." Nothing contained in this section shallbe construed to impose an affirmative duty on the seller to conduct inspectionsas to the condition of this real estate.
(2) The disclosure form shall include the followinginformation:
(i) Seller Occupancy – (Length of Occupancy)
(ii) Year Built
(iii) Basement – (Seepage, Leaks, Cracks, etc. Defects)
(iv) Sump Pump – (Operational, Location, and Defects)
(v) Roof (Layers, Age and Defects)
(vi) Fireplaces – (Number, Working and Maintenance,Defects)
(vii) Chimney – (Maintenance History, Defects)
(viii) Woodburning Stove – (Installation Date, PermitReceived, Defects)
(ix) Structural Conditions – (Defects)
(x) Insulation – (Wall, Ceiling, Floor, UFFI)
(xi) Termites or other Pests – (Treatment Company)
(xii) Radon – (Test, Company) "Radon has been determinedto exist in the State of Rhode Island. Testing for the presence of radon inresidential real estate prior to purchase is advisable."
(xiii) Electrical Service – (Imp. & Repairs, ElectricalService, Amps, Defects)
(xiv) Heating System – (Type, Imp. & Repairs,Underground Tanks, Zones, Supplemental Heating, Defects)
(xv) Air Conditioning – (Imp. & Repairs, Type, Defects)
(xvi) Plumbing – (Imp. & Repairs, Defects)
(xvii) Sewage System – (Assessment, Annual Fees, Type,Cesspool/Septic Location, Last Pumped, Maintenance History, Defects)
"Potential purchasers of real estate in the state of RhodeIsland are hereby notified that many properties in the state are still servicedby cesspools as defined in Rhode Island general law chapter 23-19.15 (The RhodeIsland Cesspool Phase-Out Act of 2007). Cesspools are a substandard andinadequate means of sewage treatment and disposal, and cesspools oftencontribute to groundwater and surface water contamination. Requirements forabandonment and replacement of high-risk cesspools as established in RhodeIsland general law Chapter 23-19.15 are primarily based upon a cesspool'snon-treatment of wastewater and the inherent risks to public health and theenvironment due to a cesspool's distance from a tidal water area, or a publicdrinking water resource. Purchasers should consult Rhode Island general lawchapter 23-19.15 for specific cesspool abandonment or replacement requirements.An inspection of property served by an on-site sewage system by a qualifiedprofessional is recommended prior to purchase. Pursuant to Rhode Island generallaw § 5-20.8-13, potential purchasers shall be permitted a ten (10) dayperiod to conduct an inspection of a property's sewage system to determine if acesspool exists, and if so, whether it will be subject to the phase-outrequirements as established in Rhode Island general law chapter 23-19.15.
(xviii) Water System – (Imp. & Repairs, Type, Defects)Private water supply (well). "The buyer understands that this property is, orwill be served, by a private water supply (well) which may be susceptible tocontamination and potentially harmful to health. If a public water supply isnot available, the private water supply must be tested in accordance withregulations established by the Rhode Island department of health pursuant to§ 23-1-5.3. The seller of that property is required to provide the buyerwith a copy of any previous private water supply (well) testing results in theseller's possession and notify the buyer of any known problems with the privatewater supply (well)."
(xix) Domestic Hot Water – (Imp. & Repairs, Type,Defects, Capacity of Tank)
(xx) Property Tax
(xxi) Easements and Encroachments – The seller of thatreal estate is required to provide the buyer with a copy of any previoussurveys of the real estate that are in the seller's possession and notify thebuyer of any known easements, encroachments, covenants or restrictions of theseller's real estate. If the seller knows that the real estate has aconservation easement or other conservation or preservation restriction asdefined in § 34-39-1 of the general laws, the seller is required todisclose said information and provide the buyer with a copy of anydocumentation in the seller's possession regarding the conservation andpreservation restrictions. A buyer may wish to have a boundary or other surveyindependently performed at his or her own expense.
(xxii) Deed – (Type, Number of Parcels)
(xxiii) Zoning – (Permitted use, Classification) "Buyersof real estate in the state of Rhode Island are legally obligated to complywith all local real estate ordinances; including, but not limited to,ordinances on the number of unrelated persons who may legally reside in adwelling, as well as ordinances on the number of dwelling units permitted underthe local zoning ordinances." If the subject property is located in a historicdistrict, that fact must be disclosed to the buyer, together with thenotification that "property located in a historic district may be subject toconstruction, expansion or renovation limitations. Contact the local buildinginspection official for details."
(xxiv) Restrictions – (Plat or Other)
(xxv) Building Permits
(xxvi) Minimum Housing – (Violations)
(xxvii) Flood Plain – (Flood Insurance)
(xxviii) Wetlands – The location of coastal wetlands,bay, fresh water wetlands, pond, marsh, river bank or swamp, as those terms aredefined in chapter 1 of title 2 and the associated buffer areas may impactfuture property development. The seller must disclose to the buyer any suchdetermination on all or part of the land made by the department ofenvironmental management.
(xxix) Multi-family or other Rental Property – (RentalIncome)
(xxx) Pools & Equipment – (Type, Defects)
(xxxi) Lead Paint – (Inspection) Every buyer ofresidential real estate built prior to 1978 is hereby notified that thoseproperties may have lead exposures that may place young children at risk ofdeveloping lead poisoning. Lead poisoning in young children may producepermanent neurological damage, including learning disabilities, reduced IQbehavioral problems, and impaired memory. The seller of that property isrequired to provide the buyer with a copy of any lead inspection report in theseller's possession and notify the buyer of any known lead poisoning problem.Environmental lead inspection is recommended prior to purchase.
(xxxii) Fire
(xxxiii) Hazardous Waste – (Asbestos and OtherContaminants)
(xxxiv) Miscellaneous
(xxxv) Farms – The disclosure shall inform the buyerthat any farm(s) that may be in the municipality are protected by the right tofarm law.
(c) Any agreement to transfer real estate shall contain anacknowledgement that a completed real estate disclosure form has been providedto the buyer by the seller in accordance with the provisions of this section.
(d) The Rhode Island real estate commission has the right toamend the seller disclosure requirements by adding or deleting requirementswhen there is a determination that health, safety, or legal needs require achange. Any change to requirements shall be a rule change, subject to theAdministrative Procedures Act, chapter 35 of title 42. The power of thecommission to amend the written disclosure requirements shall be liberallyconstrued so as to allow additional information to be provided as to thestructural components, housing systems, and other property information asrequired by this chapter.