55-521 - Owner liability.
§ 55-521. Owner liability.
A. Except with respect to the disclosures required by § 55-519.1, the ownershall not be liable for any error, inaccuracy or omission of any informationdelivered pursuant to this chapter if: (i) the error, inaccuracy or omissionwas not within the actual knowledge of the owner or was based on informationprovided by public agencies or by other persons providing information that isrequired to be disclosed pursuant to this chapter, or the owner reasonablybelieved the information to be correct, and (ii) the owner was not grosslynegligent in obtaining the information from a third party and transmittingit. The owner shall not be liable for any error, inaccuracy, or omission ofany information required to be disclosed by § 55-519.1 if the error,inaccuracy, or omission was the result of information provided by an officeror employee of the locality in which the property is located.
B. The delivery by a public agency or other person, as described insubsection C below, of any information required to be disclosed by thischapter to a prospective purchaser shall be deemed to comply with therequirements of this chapter and shall relieve the owner of any further dutyunder this chapter with respect to that item of information.
C. The delivery by the owner of a report or opinion prepared by a licensedengineer, land surveyor, geologist, wood-destroying insect control expert,contractor or home inspection expert, dealing with matters within the scopeof the professional's license or expertise, shall satisfy the requirements ofthis chapter if the information is provided to the prospective purchaserpursuant to a request therefor, whether written or oral. In responding tosuch a request, an expert may indicate, in writing, an understanding that theinformation provided will be used in fulfilling the requirements of thischapter and, if so, shall indicate the required disclosures, or portionsthereof, to which the information being furnished is applicable. Where such astatement is furnished, the expert shall not be responsible for any items ofinformation, or, portions thereof, other than those expressly set forth inthe statement.
(1992, c. 717; 2005, c. 510; 2007, c. 265.)