Provides that a health pamphlet shall be delivered to a vendee regarding sewage disposal systems; provides information on septic system operation and maintenance on the property condition disclosure statement.
STATE OF NEW YORK
________________________________________________________________________
9330--A
IN ASSEMBLY
February 29, 2024
___________
Introduced by M. of A. BURDICK, WOERNER -- read once and referred to the
Committee on Consumer Affairs and Protection -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the general business law, in relation to individual
sewage disposal system disclosures; and to amend the real property
law, in relation to providing information on septic system operation
and maintenance on the property condition disclosure statement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 3 and 5 of section 396-s of the general
2 business law, as added by chapter 521 of the laws of 1980, are amended
3 to read as follows:
4 2. On and after July first, nineteen hundred eighty-one every vendor
5 shall, either in person or by certified mail, deliver to a vendee at the
6 time of the transfer of title of the [newly constructed] home serviced
7 by an individual sewage disposal system a copy of the health [bulletin]
8 pamphlet. If the political subdivision within which the home is located
9 has published a waste treatment handbook or pamphlet on individual
10 sewage disposal systems, the vendor shall supply a copy of such informa-
11 tional material to the vendee in the same manner as the health pamphlet.
12 3. The commissioner of the department of health is hereby directed to
13 modify the contents of the health pamphlet in such a manner that such
14 [bulletin] pamphlet shall contain information relating to the proper
15 method of operating and maintaining individual sewage disposal systems.
16 Such information shall be in clear and concise language readily compre-
17 hensible by vendees and shall identify potential problems that vendees
18 may encounter with individual sewage disposal systems. The modification
19 to the health [bulletin] pamphlet required by this subdivision shall be
20 made on or before the effective date of this section and shall be
21 included within any health pamphlet to be distributed by the department
22 on and after July first, nineteen hundred eighty-one.
23 5. Any vendor violating this section shall be [subject to a fine of
24 one] assessed a civil penalty not to exceed two hundred fifty dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14097-02-4
A. 9330--A 2
1 § 2. Subdivision 2 of section 462 of the real property law, as amended
2 by chapter 484 of the laws of 2023, is amended to read as follows:
3 PROPERTY CONDITION DISCLOSURE STATEMENT
4 NAME OF SELLER OR SELLERS:
5 PROPERTY ADDRESS:
6 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
7 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
8 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
9 BUYER OF A BINDING CONTRACT OF SALE.
10 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
11 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
12 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
13 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
14 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
15 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
16 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
17 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
18 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
19 TRANSFER OF TITLE.
20 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
21 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
22 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
23 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
24 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
25 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
26 OWNED IN FEE SIMPLE BY THE SELLER.
27 INSTRUCTIONS TO THE SELLER:
28 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
29 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
30 REQUIRED.
31 (c) COMPLETE THIS FORM YOURSELF.
32 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
33 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
34 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
35 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
36 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
37 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
38 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
39 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
40 GENERAL INFORMATION
41 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
42 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
43 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
44 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
45 GATE FOR THE PRESENCE OF LEAD BASED PAINT.
46 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
47 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
48 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
49 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
50 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
51 UNKN NA (IF YES, EXPLAIN BELOW)
52 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
53 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
54 YES, EXPLAIN BELOW)
A. 9330--A 3
1 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
2 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
3 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
4 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
5 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
6 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
7 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
8 NO UNKN NA (IF NO, EXPLAIN BELOW)
9 ENVIRONMENTAL
10 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
11 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
12 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
13 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
14 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
15 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR
16 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
17 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
18 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
19 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
20 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS
21 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
22 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
23 CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND
24 INDOOR MOLD.
25 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
26 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
27 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
28 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY
29 MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA
30 (IF YES, EXPLAIN BELOW)
31 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE
32 SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
33 ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT
34 FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
35 EXPLAIN BELOW)
36 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A
37 MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
38 TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO
39 UNKN NA (IF YES, EXPLAIN BELOW)
40 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
41 OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN
42 NA (IF YES, EXPLAIN BELOW)
43 HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
44 FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES
45 FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
46 AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
47 AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
48 ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
49 THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT
50 HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
51 ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED
52 EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
53 IN CURRENT FLOOD INSURANCE RATE MAPS.
A. 9330--A 4
1 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
2 OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
4 (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD
5 DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
6 PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE
7 REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE
8 OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
9 IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
10 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES,
11 ATTACH A COPY OF THE POLICY)
12 A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
13 FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER-
14 MINE WHETHER YOU ARE COVERED.
15 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
16 YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
17 AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED
18 SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
19 THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE
20 PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO
21 HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE
22 PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE
23 FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
24 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
25 ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE
26 PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
27 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
28 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
29 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO
30 UNKN NA (IF YES, EXPLAIN BELOW)
31 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA
32 (IF YES, EXPLAIN BELOW)
33 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
34 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES,
35 ARE THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY
36 LEAKING OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES,
37 EXPLAIN BELOW)
38 22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
39 LOCATION OR LOCATIONS BELOW)
40 23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
41 OR LOCATIONS BELOW)
42 24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
43 OF THE REPORT)
44 25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
45 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR
46 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON
47 THE PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES
48 NO UNKN NA (IF YES, DESCRIBE BELOW)
49 26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
50 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
51 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES
52 NO UNKN NA (IF YES, ATTACH REPORT(S))
53 27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES,
54 ATTACH A COPY OF THE REPORT)
55 STRUCTURAL
A. 9330--A 5
1 28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
2 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
3 29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
4 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
5 30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
6 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
7 31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
8 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
9 REPORT(S))
10 32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
11 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
12 FERABLE WARRANTY ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
13 YES, EXPLAIN BELOW)
14 33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
15 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
16 PARTITIONS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
17 MECHANICAL SYSTEMS & SERVICES
18 34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
19 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
20 35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
21 (IF YES, DESCRIBE BELOW)
22 36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
23 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL,
24 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING?
25 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES,
26 EXPLAIN BELOW)
27 More information on "septic system operation and maintenance" can be
28 found on the NYS Department of Health website in the informational
29 health pamphlet made available by the Department of Health pursuant to
30 section 396-s of NYS general business law.
31 37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
32 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________
33 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
34 NO UNKN NA (IF YES, EXPLAIN BELOW)
35 38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
36 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
37 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
38 39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER PENETRATION OR DAMAGE
39 DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAIN-
40 FALL, COASTAL STORM SURGE, TIDAL INUNDATION OR RIVER OVERFLOW?
41 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
42 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
43 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
44 40. PLUMBING SYSTEM? YES NO UNKN NA
45 41. SECURITY SYSTEM? YES NO UNKN NA
46 42. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
47 43. SMOKE DETECTOR? YES NO UNKN NA
48 44. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
49 45. SUMP PUMP? YES NO UNKN NA
50 46. FOUNDATION/SLAB? YES NO UNKN NA
51 47. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
52 48. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
53 49. FLOORS? YES NO UNKN NA
54 50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
55 51. PATIO/DECK? YES NO UNKN NA
A. 9330--A 6
1 52. DRIVEWAY? YES NO UNKN NA
2 53. AIR CONDITIONER? YES NO UNKN NA
3 54. HEATING SYSTEM? YES NO UNKN NA
4 55. HOT WATER HEATER? YES NO UNKN NA
5 56. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN
6 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE
7 PROPERTY (E.G. TAX RECORDS AND WETLAND AND FEMA'S CURRENT FLOOD
8 INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
9 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
10 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
11 TIONAL PAGES ATTACHED.
12 ______________________________________________________________
13 ______________________________________________________________
14 ______________________________________________________________
15 ______________________________________________________________
16 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
17 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
18 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
19 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
20 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
21 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
22 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
23 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
24 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
25 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
26 SELLER__________ DATE___________
27 SELLER__________ DATE___________
28 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
29 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
30 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
31 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
32 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
33 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
34 BUYER__________ DATE__________
35 BUYER__________ DATE _________
36 § 3. This act shall take effect July 1, 2025.