CT Gen Stat § 20-327b (2020)
2020 Connecticut General Statutes|Title 20 - Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards|Chapter 392 - Real Estate Brokers and Salespersons|Section 20-327b - Residential condition reports. Exemptions. Templates.

 (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 or reports 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 or reports 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 or reports 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 of newly-constructed residential real property for which an implied warranty is provided under chapter 827; (4) transfers made by executors, administrators, trustees or conservators; (5) transfers by the federal government, any political subdivision thereof or any corporation, institution or quasi-governmental agency chartered by the federal government; (6) transfers by this state; (7) except as provided in subsections (g) and (h) of this section, transfers by any political subdivision of this state; (8) transfers of property which was the subject of a contract or option entered into prior to January 1, 1996; and (9) except as provided in subsections (g) and (h) of this section, 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) The Commissioner of Consumer Protection shall, within available appropriations, prescribe the written residential condition reports required by this section and sections 20-327c to 20-327e, inclusive. The written residential condition reports shall be based upon templates that the commissioner shall prescribe. Such templates shall: Fit on pages being not more than eight and one-half inches in height and eleven inches in width, with type size no smaller than nine-point type, other than checkboxes or section headers, which may be in a smaller size; include the address of the subject property on each page; include page numbers on each page; include section headings in bold type and include space for the buyer and the seller's initials on each page, except the signature page. Each written residential condition report, other than the written residential condition report required pursuant to subsections (g) and (h) of this section, shall contain the following, in the order indicated:(1) A section entitled “Instructions to Sellers”You MUST answer ALL questions to the best of your knowledge.Identify/Disclose any problems regarding the subject property.YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS FORM ON YOUR BEHALF.UNK means Unknown, N/A means Not Applicable.If you need additional space to complete any answer or explanation, attach additional page(s) to this form. Include subject property address, seller's name and the date.(2) Pursuant to the Uniform Property Condition Disclosure Act, the seller is obligated to answer the following questions and to disclose herein any knowledge of any problem regarding the following:(A) A subsection entitled “Subject Property”(i) Name of seller(s)(ii) Street address, municipality, zip code(B) A subsection entitled “General Information”(i) Indicate the YEAR the structure was built:(ii) Indicate HOW LONG you have occupied the property: If not applicable, indicate with N/A.(iii) Does anyone else claim to own any part of your property, including, but not limited to, any encroachment(s)? If YES, explain:(iv) Does anyone other than you have or claim to have any right to use any part of your property, including, but not limited to, any easement or right-of-way? If YES, explain:(v) Is the property in a flood hazard area or an inland wetlands area? If YES, explain:(vi) Do you have any reason to believe that the municipality in which the subject property is located may impose any assessment for purposes such as sewer installation, sewer improvements, water main installation, water main improvements, sidewalks or other improvements? If YES, explain:(vii) Is the property located in a municipally designated village district, municipally designated historic district or listed on the National Register of Historic Places? If YES, explain:(viii) Special Statement: Information concerning village districts and historic districts may be obtained from the municipality's village or historic district commission, if applicable.(ix) Is the property located in a special tax district? If YES, please explain:(x) Is the property subject to any type of land use restrictions, other than those contained within the property's chain of title or that are necessary to comply with state laws or municipal zoning? If YES, explain:(xi) Is the property located in a common interest community? If YES, is it subject to any community or association dues or fees? Please explain:(xii) Do you have any knowledge of prior or pending litigation, government agency or administrative actions, orders or liens on the property related to the release of any hazardous substance? If YES, please explain:(C) A subsection entitled “Leased Equipment”Does the property include any Leased or Rented Equipment that would necessitate or obligate either of the following: The assignment or transfer of the lease or rental agreement(s) to the buyer or the replacement or substitution of the equipment by the buyer? If YES, indicate by checking ALL items that apply: PROPANE FUEL TANK; WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER(D) A subsection entitled “Mechanical/Utility Systems”(i) Heating system problems? If YES, explain. List Fuel Types.(ii) Hot water heater Type: Age: Hot water problems? If YES, explain:(iii) Is there an underground storage tank? If YES, give AGE of tank and LOCATION.(iv) Are you aware of any problems with the underground storage tank? If YES, explain:(v) During the time you have owned the property, has there ever been an underground storage tank located on the property? If YES, has it been removed? If YES, what was the date of removal and what was the name and address of the person or business who removed such underground storage tank? Provide any and all written documentation of such removal within your control or possession by attaching a copy of such documentation to this form.(vi) Air conditioning problems? If YES, explain: Air conditioning Type: Central; Window; Other(vii) Plumbing system problems? If YES, explain:(viii) Electrical System problems? If YES, explain:(ix) Electronic security system problems? If YES, explain:(x) Are there carbon monoxide or smoke detectors located in a dwelling on the property? If YES, state the NUMBER of such detectors and whether there have been problems with such detectors;(xi) Fire sprinkler system problems? If YES, explain:(E) A subsection entitled “Water System”(i) Domestic Water System Type: Public; Private Well; Other(ii) If Public Water:(I) Is there a separate expense/fee for water usage? If YES, is the expense/fee for water usage flat or metered? Give the AMOUNT and explain:(II) Are there any UNPAID water charges? If YES, state the amount unpaid:(iii) If Private Well:Has the well water been tested for contaminants/volatile organic compounds? If YES, attach a copy of the report.(iv) If Public Water or Private Well: Are you aware of any problems with the well, or with the water quality, quantity, recovery, or pressure? If YES, explain:(F) A subsection entitled “Sewage Disposal System”(i) Sewage Disposal System Type: Public; Septic; Cesspool; Other(ii) If Public Sewer:(I) Is there a separate charge made for sewer use? If YES, is it Flat or Metered?(II) If it is a Flat amount, state amount and due dates:(III) Are there any UNPAID sewer charges? If any unpaid sewer charges, state the amount:(iii) If Private:(I) Name of service company(II) Date last pumped: AND frequency:(III) For any sewage system, are there problems? If YES, explain:(G) A subsection entitled “Asbestos/Lead”(i) Are asbestos containing insulation or building materials present? If YES, location:(ii) Is lead paint present? If YES, location:(iii) Is lead plumbing present? If YES, location:(H) A subsection entitled “Building/Structure/Improvements”(i) Is the foundation made of concrete? If NO, explain:(ii) Foundation/Slab problems or settling? If YES, explain:(iii) Basement Water Seepage/Dampness? If YES, explain Amount, Frequency and Location:(iv) Sump pump problems? If YES, explain:(v) Do you have any knowledge of any testing or inspection done by a licensed professional related to a foundation on the property? If YES, disclose the testing or inspection method, the areas or locations that were tested or inspected, the results of such testing or inspection and attach a copy of the report concerning such testing or inspection.(vi) Do you have any knowledge of any repairs related to a foundation on the property? If YES, describe such repairs, disclose the areas repaired and attach a copy of the report concerning such repairs.(vii) Do you have any knowledge related to the presence of pyrrhotite in a foundation on the property? If YES, explain:(viii) Roof type; Age?(ix) Roof leaks? If YES, explain:(x) Exterior siding problems? If YES, explain:(xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES, explain:(xii) Patio/deck problems? If YES, explain:(xiii) If constructed of Wood, is the Wood Treated or Untreated?(xiv) Driveway problems? If YES, explain:(xv) Water drainage problems? If YES, explain:(xvi) Interior Floor, Wall and/or Ceiling problems? If YES, explain:(xvii) Fire and/or Smoke damage? If YES, explain:(xviii) Termite, Insect, Rodent or Pest Infestation problems? If YES, explain:(xix) Rot or Water damage problems? If YES, explain:(xx) Is house insulated? If YES, Type: Location:(xxi) Has a test for Radon been performed? If YES, attach a copy of the report.(xxii) Is there a Radon Control System in place? If YES, explain:(xxiii) Has a Radon control system been in place in the previous 12 months? If YES, explain:(I) The Seller should attach additional pages to further explain any item(s) above. Indicate here the number of additional pages attached:(J) Questions contained in subparagraphs (A) to (I), inclusive, of this subdivision shall contain checkboxes indicating “yes”, “no”, “not applicable” or “unknown”.(3) The written residential condition report shall contain the following immediately below the questions contained in subparagraphs (A) to (I), inclusive, of subdivision (2) of this subsection:A certification by the seller in the following form:SELLER'S CERTIFICATION“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)”|||(4) The written residential condition report shall contain the following in a separate section immediately below the seller's certification:IMPORTANT INFORMATION(A) RESPONSIBILITIES OF REAL ESTATE BROKERSThis 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.(B) STATEMENTS NOT TO CONSTITUTE A WARRANTYAny representations made by the seller on the written residential condition report shall not constitute a warranty to the buyer.(C) NATURE OF REPORTThis Residential Property Condition Report is not a substitute for inspections, tests and other methods of determining the physical condition of property.(D) INFORMATION ON THE RESIDENCE OF CONVICTED FELONSInformation concerning the residence address of a person convicted of a crime may be available from law enforcement agencies or the Department of Public Safety.(E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCYProspective buyers should consult with the municipal building official in the municipality in which the property is located to confirm that building permits and certificates of occupancy have been issued for work on the property.(F) HOME INSPECTIONBuyers should have the property inspected by a licensed home inspector.(G) CONCRETE FOUNDATIONProspective buyers may have a concrete foundation inspected by a licensed professional engineer who is a structural engineer for deterioration of the foundation due to the presence of pyrrhotite.(5) The written residential condition report shall contain the following immediately below the statements contained in subparagraphs (A) to (G), inclusive, of subdivision (4) of this subsection:A certification by the buyer in the following form:BUYER'S CERTIFICATION“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 report does not encompass those areas. The buyer also acknowledges that the buyer has read and received a signed copy of this report from the seller or seller's agent.|||.... (Date)|.... (Buyer)|||.... (Date)|.... (Buyer)”|||(e) On or after January 1, 1996, the Commissioner of Consumer Protection shall make available the written residential condition reports 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 forms. The commissioner shall also cause information concerning such forms and the completion of such forms to be disseminated in a manner best calculated, in the commissioner's judgment, to reach members of the public, attorneys and real estate licensees.(f) Any written residential condition report prescribed in accordance with the provisions of this section and sections 20-327c to 20-327e, inclusive, shall take effect for new listings thirty days following posting of the notice regarding such report on the Department of Consumer Protection's Internet web site.(g) In any transfer of residential real property that is located in a municipality that the Capitol Region Council of Governments determines is affected, or potentially affected, by crumbling foundations and was acquired by a political subdivision of this state or was acquired by a judgment of strict foreclosure or by foreclosure by sale or by a deed in lieu of foreclosure, the owner or political subdivision shall, through a written residential condition report described in subsection (h) of this section, disclose to the prospective purchaser of such real property, at any time prior to the prospective purchaser's execution of any binder, contract to purchase, option or lease containing a purchase option, any facts that are within such owner's or political subdivision's actual knowledge concerning:(1) The presence of pyrrhotite in any concrete foundation on such property;(2) Any damage or deterioration in any concrete foundation on such property, including, but not limited to, any damage or deterioration caused by the presence of pyrrhotite in any foundation on such property; and(3) Any repairs or remediation to any concrete foundation on such property.(h) In any transfer of residential real property that is located in a municipality that the Capitol Region Council of Governments determines is affected, or potentially affected, by crumbling foundations and was acquired by a political subdivision of this state or was acquired by a judgment of strict foreclosure or by foreclosure by sale or by a deed in lieu of foreclosure, the owner or political subdivision shall satisfy the provisions of subsection (g) of this section through a written residential condition report prescribed by the Commissioner of Consumer Protection pursuant to subsection (d) of this section, which report shall be entitled “Residential Foundation Condition Report” and exclusively contain the following in the following order:(1) A section entitled “Instructions to Sellers”You MUST answer ALL questions based on your knowledge. You are not required to undertake investigations or inspections of the foundation to verify your answers.YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS FORM ON YOUR BEHALF.UNK means Unknown, N/A means Not Applicable.If you need additional space to complete any answer or explanation, attach additional page(s) to this form. Include subject property address, seller's name and the date.(2) Pursuant to the Uniform Property Condition Disclosure Act, the seller is obligated to answer the following questions and to disclose herein any knowledge of any problem regarding the following:(A) A subsection entitled “Subject Property”(i) Name of seller(s)(ii) Street address, municipality, zip code(B) A subsection entitled “Information About the Foundation”(i) Do you have any knowledge related to the presence of pyrrhotite in any concrete foundation on the subject property? If YES, explain:(ii) Are you aware of any damage or deterioration in any concrete foundation on the subject property, including, but not limited to, any damage or deterioration caused by the presence of pyrrhotite in any concrete foundation on the property? If YES, explain:(iii) Are you aware of any repairs or remediation to any concrete foundation on the subject property? If YES, explain:(3) In a separate section immediately below the questions contained in subdivision (2) of this subsection, the following information in the following form:IMPORTANT INFORMATION(A) RESPONSIBILITIES OF REAL ESTATE BROKERSThis 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.(B) STATEMENTS NOT TO CONSTITUTE A WARRANTYAny representations made by the seller in this residential foundation condition report shall not constitute a warranty to the buyer.(C) NATURE OF REPORTThis report is not a substitute for inspections, tests and other methods of determining the physical condition of the foundation. Prospective buyers may have a concrete foundation inspected by a licensed professional engineer for deterioration of the foundation due to the presence of pyrrhotite.(4) Immediately following the information contained in subdivision (3) of this subsection, a certification by the buyer in the following form:BUYER'S CERTIFICATION“The buyer is urged to carefully inspect the foundation and, if desired, to have the foundation inspected by an expert. The buyer understands that there are parts of the property, including the foundation, for which the seller has no knowledge and that this report does not encompass those parts. The buyer also acknowledges that the buyer has read and reviewed a signed copy of this report from the seller or the seller's agent.|||.... (Date)|.... (Buyer)|||.... (Date)|.... (Buyer)”|||(5) Immediately below the buyer's certification, a certification by the seller in the following form:SELLER'S CERTIFICATION“To the extent of the seller's knowledge as an owner of a property acquired through foreclosure or deed in lieu of foreclosure, the seller acknowledges that the information contained above is true and accurate. In the event a real estate broker or salesperson is utilized, the seller authorizes the broker or salesperson to provide the above information to prospective buyers, selling agents or buyers' agents.|||.... (Date)|.... (Seller)|||.... (Date)|.... (Seller)”|||(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; P.A. 09-127, S. 1; P.A. 10-5, S. 51; P.A. 11-51, S. 134; P.A. 12-122, S. 1; June Sp. Sess. P.A. 17-2, S. 340; P.A. 18-179, S. 1; P.A. 19-192, S. 5; 19-196, S. 7.)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; P.A. 09-127 amended Subsec. (d)(1) by adding April 1, 2010, compliance date for regulations, designating existing provisions re municipal assessments as Subpara. (A), adding Subparas. (B) and (C) re disclosure of leased items and historic district designation and statement, and making conforming and technical changes, effective June 19, 2009; P.A. 10-5 made technical changes in Subsecs. (a) and (d), effective May 5, 2010; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (d)(2)(G), effective July 1, 2011; P.A. 12-122 amended Subsec. (d) to change date re adoption of regulations from April 1, 2010, to January 1, 2013, in Subdiv. (1) and, in Subdiv. (2), to add Subparas. (H) to (M) re common interest communities, underground storage tanks, consulting with municipal building official, inspection by licensed home inspector, release of hazardous substance and smoke and carbon monoxide detectors, effective July 1, 2012; June Sp. Sess. P.A. 17-2 amended Subsec. (d)(1) by adding new Subparas. (L), (M) and (N) re having foundation inspected by professional engineer, question re seller having knowledge of testing or inspection related to foundation and question re seller having knowledge of repairs to foundation, respectively, and redesignating existing Subparas. (L) and (M) as Subparas. (O) and (P), effective October 31, 2017; P.A. 18-179 substantially amended Subsec. (d) by replacing provisions re residential disclosure report with provisions re same, and adding Subsec. (f) re new listings, effective July 1, 2018; P.A. 19-192 amended Subsec. (b) by deleting former Subdiv. (3) re transfers pursuant to court order, redesignating existing Subdivs. (4) to (6) as Subdivs. (3) to (5), deleting former Subdiv. (7) re transfers by deed in lieu of foreclosure, redesignating existing Subdiv. (8) as Subdiv. (6), redesignating provision re transfers by political subdivisions in existing Subdiv. (8) as new Subdiv. (7), and redesignating existing Subdivs. (9) and (10) as Subdivs. (8) and (9), amended Subsec. (d) by adding “, within available appropriations”, adding provisions re disclosure of testing or inspection method, areas tested or inspected and testing or inspection results in Subdiv. (2)(H)(v), adding provisions re description of repairs, disclosure of areas repaired and attachment of report in Subdiv. (2)(H)(vi), adding new Subdiv. (2)(H)(vii) re knowledge related to presence of pyrrhotite, and redesignating existing Subdivs. (2)(H)(vii) to (2)(H)(xxii) as Subdivs. (2)(H)(viii) to (2)(H)(xxiii), added Subsecs. (g) and (h) re crumbling concrete foundations, replaced references to residential disclosure report with references to residential condition report, and made technical and conforming changes; P.A. 19-196 amended Subsec. (h)(3)(C) by deleting “who is a structural engineer”.