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A04820 Summary:

A04820 Actions:

A04820 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/16/2023AYE/NAY:14/5  Action: Favorable refer to committee Codes        
Lavine
Aye
Tannousis
Nay
Zebrowski
Excused
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Steck
Aye
Brown
Aye
Seawright
Aye
Flood
Nay
Joyner
Aye
Wallace
Aye
Walker
Excused
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/23/2023AYE/NAY:13/7  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Reilly
Nay
Cook
Absent
Mikulin
Nay
O'Donnell
Aye
Tannousis
Nay
Lavine
Aye
Curran
Nay
Weprin
Aye
Angelino
Nay
Hevesi
Aye
Flood
Nay
Seawright
Aye
Rosenthal
Aye
Walker
Excused
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/24/2023AYE/NAY:20/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Excused
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A04820 Floor Votes:

A04820 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4820--B
                                                                Cal. No. 135
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  RIVERA,  BENEDETTO,  BRONSON, CLARK, COLTON,
          CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI,  JACK-
          SON,  JACOBSON,  LUNSFORD,  McDONOUGH,  MEEKS,  PEOPLES-STOKES, REYES,
          L. ROSENTHAL, SEAWRIGHT,  SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,
          THIELE,  STIRPE, STERN, ARDILA, WALKER, KELLES, BURDICK, SANTABARBARA,
          SHIMSKY, CUNNINGHAM, ZINERMAN -- read once and referred to the Commit-
          tee on Judiciary -- ordered to a third reading,  amended  and  ordered
          reprinted,  retaining its place on the order of third reading -- again
          amended on third reading, ordered reprinted, retaining  its  place  on
          the order of third reading
 
        AN  ACT  to  amend  the  real property law, in relation to requiring the
          disclosure of lead-based paint test  reports  in  real  estate  trans-
          actions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. a.  The legislature hereby finds  and
     2  declares  that  lead  poisoning  of children persists as one of the most
     3  prevalent and preventable environmental  diseases  in  New  York  state.
     4  Nearly  100,000  children  were  newly identified with levels of lead in
     5  their blood at five micrograms per deciliter (mcg/dL) in New York  state
     6  between 2011 and 2015.
     7    b. Medical research indicates that children can suffer permanent brain
     8  damage  at  blood  levels even lower than 5 mcg/dL, and that there is no
     9  level of lead ingestion that is without adverse impact; indeed, in  2021
    10  the federal Centers for Disease Control and Prevention revised the blood
    11  lead reference level downward to 3.5 mcg/dL.
    12    c. Black children and children from low-income households are consist-
    13  ently  found  to  have  higher  levels of lead in their blood than their
    14  white peers or their peers from higher income households.
    15    d. The predominant cause of lead poisoning in young  children  is  the
    16  ingestion  of  lead  particles  from deteriorating or abraded lead-based
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02406-06-4
        A. 4820--B                          2
 
     1  paint from older and poorly maintained residences.   Although  New  York
     2  state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
     3  of New York's housing stock was constructed prior to 1970 and lead-based
     4  paint  was available outside of the state until 1978. New York state has
     5  both the nation's greatest number (over 4 million  units),  the  highest
     6  percentage  (55.08%)  of  pre-1960 and pre-1950 (41.0%) housing, and the
     7  oldest housing inventory among the fifty states. At least ninety percent
     8  of lead-based paint still exists in occupied housing built before  1960.
     9  New  York  state's older housing stock places residents at great risk of
    10  exposure to lead hazards, with low-income children living in older hous-
    11  ing having the highest risk of lead poisoning.
    12    e. Knowledge of lead-based paint hazards, their  control,  mitigation,
    13  abatement,  and  risk avoidance is not sufficiently widespread. In addi-
    14  tion, while federal law requires the disclosure by sellers of real prop-
    15  erty of knowledge of the existence of lead-based  paint  and  lead-based
    16  paint  hazards,  and  encourages potential buyers to conduct inspections
    17  for  lead-based  paint,  these  mechanisms  neither  mandate  that  such
    18  inspections  take place either by sellers or buyers. This gap in disclo-
    19  sure requirements results  in  residential  property  being  transferred
    20  without  any  knowledge of the potential for such property to cause lead
    21  poisoning and the attendant liabilities.
    22    f. Local county health departments lack sufficient information  as  to
    23  which  housing contains lead-based paint and the locations of such lead-
    24  based paint, resulting in less cost-effective prevention of lead poison-
    25  ing, avoidable harm to children's health, and wasted public resources.
    26    g. The purposes of this act are to assure that  properties  that  have
    27  not  been  previously  tested for lead-based paint are not simply trans-
    28  ferred to new owners without knowledge of whether  there  is  lead-based
    29  paint  present,  and  to  better  utilize the existing federal laws that
    30  mandate disclosure of lead-based paint and lead-based paint hazards  and
    31  to aid in the prevention of lead poisoning.  This act is not intended to
    32  and  does not diminish the responsibility of buyers to carefully examine
    33  the property which they intend to purchase and public records pertaining
    34  to the property. This act is not intended to and does not limit existing
    35  responsibilities by a seller, buyer or agent concerning the condition of
    36  the property or potential liabilities or remedies at law, statute or  in
    37  equity.
    38    This  act  will  significantly improve the transfer process and better
    39  serve the interests of all parties to a home purchase. It will  increase
    40  clarity  regarding  the  nature of the property and will provide greater
    41  certainty to contracts entered into by better informed buyers and  sell-
    42  ers.  As  well,  it will provide incentive to owners to voluntarily test
    43  their property prior to sale.
    44    h. This act will complement existing state  and  local  laws  on  lead
    45  poisoning  prevention. Section 1377 of the public health law, enacted in
    46  2023, requires the department of health to develop  a  registry  of  all
    47  rental  residential  dwellings  with two or more units built before 1980
    48  within communities of concern outside the city of New York,  which  will
    49  also require such dwellings be inspected for lead hazards at least every
    50  three  years.  This act will ensure equity of information for purchasers
    51  of all residential property built prior to 1978 regardless  of  location
    52  or  number  of units by ensuring that they receive information about the
    53  presence of lead-based paint in dwellings they purchase.
    54    i. This act will require inspection  reports  that  are  developed  to
    55  comply  with this act to be included on the registry of lead inspections
    56  that the department of health is creating pursuant to  section  1377  of
        A. 4820--B                          3
 
     1  the  public  health  law so that future renters and purchasers can learn
     2  about lead-based paint in homes they are considering renting or purchas-
     3  ing.
     4    j.  New  York city has already added a requirement, subdivision a-1 of
     5  section 27-2056.4 of the administrative code of the city  of  New  York,
     6  that all rental residential properties be tested one time for lead-based
     7  paint  by  August  2025.  This  act will not require re-testing of these
     8  residences when rental properties are sold; but will ensure  equity  and
     9  protect purchasers of residential properties across the state (including
    10  New York city) by requiring one-time testing for lead-based paint before
    11  any residential property is sold.
    12    §  2.  The  real property law is amended by adding a new article 16 to
    13  read as follows:
    14                                 ARTICLE 16
    15                     LEAD-BASED PAINT RIGHT TO KNOW ACT
    16  Section 520. Short title.
    17          521. Definitions.
    18          522. Inspection of  residential  real  property  for  lead-based
    19                 paint prior to transfer of title.
    20          523. Duty of agent.
    21          524. Liability.
    22    §  520.  Short  title. This article shall be known and may be cited as
    23  the "lead-based paint right to know act".
    24    § 521. Definitions. As used in this article, the following terms shall
    25  have the following meanings:
    26    1. "Agent" shall mean a person who is licensed as a real estate broker
    27  or a real estate salesperson pursuant to section four hundred forty-a of
    28  this chapter and acting in a fiduciary capacity.
    29    2. "Binding contract of  sale"  shall  mean  a  real  estate  purchase
    30  contract  or offer that would, upon signing by the seller and subject to
    31  satisfaction of any contingencies, require the buyer to accept a  trans-
    32  fer of title.
    33    3.  "Broker"  shall  have  the  same  meaning  as "real estate broker"
    34  defined by section four hundred forty of this chapter.
    35    4. "Buyer" shall mean any  entity  that  enters  into  a  real  estate
    36  purchase  contract,  including  but not limited to individuals, partner-
    37  ships, corporations,  trusts,  government  agencies,  housing  agencies,
    38  Indian tribes, and nonprofit organizations.
    39    5.  "Lead-based paint" shall mean paint or other similar surface coat-
    40  ing material containing .50 milligrams of lead per square centimeter  or
    41  greater,  as determined by laboratory analysis of paint samples with all
    42  layers of paint present, or by an x-ray  fluorescence  analyzer.  If  an
    43  x-ray  fluorescence  analyzer  is  used, readings shall be corrected for
    44  substrate bias when necessary as specified by the performance character-
    45  istic sheets released by  the  United  States  environmental  protection
    46  agency and the United States department of housing and urban development
    47  for  the  specific  x-ray fluorescence analyzer used. X-ray fluorescence
    48  readings shall be classified as positive, negative  or  inconclusive  in
    49  accordance with the United States department of housing and urban devel-
    50  opment  guidelines  for  the  evaluation and control of lead-based paint
    51  hazards in housing (July 2012) or successor guidelines, and the perform-
    52  ance characteristic sheets released by the United  States  environmental
    53  protection  agency and the United States department of housing and urban
    54  development for the specific x-ray  fluorescence  analyzer  used.  X-ray
    55  fluorescence  readings that fall within the inconclusive zone, as deter-
    56  mined by the performance characteristic sheets, shall  be  confirmed  by
        A. 4820--B                          4

     1  laboratory analysis of paint chips, the measure of such laboratory anal-
     2  ysis shall be definitive.  Where a laboratory analysis of paint chips is
     3  performed  (including because an x-ray fluorescence reading is inconclu-
     4  sive),  the  results  shall  be  reported in percent by weight.  In such
     5  case, lead-based paint shall mean any paint or  other  similar  surface-
     6  coating  material  containing  more  than 0.009 percent (or 90 parts per
     7  million) of metallic lead, based on  the  non-volatile  content  of  the
     8  paint  or  other similar surface-coating material. In the event that the
     9  United States environmental protection agency or a successor agency,  or
    10  the  United  States  department  of  housing  and urban development or a
    11  successor agency, or the United States consumer product  safety  commis-
    12  sion  or  a  successor agency, or a department or agency of the state of
    13  New York that has  obtained  applicable  authorization  pursuant  to  40
    14  C.F.R. part 745 subpart Q or successor regulation, adopts more stringent
    15  definitions  of  lead-based paint, such more stringent definitions shall
    16  apply for the purposes of this article.
    17    6. "Real estate purchase contract" shall mean any of the following:
    18    (a) a contract which provides for the purchase and sale or exchange of
    19  residential real property;
    20    (b) a lease with an option to purchase residential real property;
    21    (c) a lease-with-obligation-to-purchase agreement for residential real
    22  property; or
    23    (d) an installment land sale contract for residential real property.
    24    7. "Residential real property" shall mean real property improved by  a
    25  residential  dwelling  erected prior to the year nineteen hundred seven-
    26  ty-eight.
    27    8. "Residential dwelling" shall mean a single-family dwelling, includ-
    28  ing attached structures such as porches and stoops, or  a  single-family
    29  dwelling  unit  within  a structure that contains more than one separate
    30  residential dwelling unit, used or occupied, or designed to be  used  or
    31  occupied,  wholly  or  partly,  as  the home or residence of one or more
    32  persons whether or not it was or will be occupied.
    33    9. "Seller" shall mean any entity that intends to engage in the trans-
    34  fer of title to a buyer of residential real property,  in  whole  or  in
    35  part,  including  but  not  limited to individuals, partnerships, corpo-
    36  rations, trusts, government agencies, housing agencies,  Indian  tribes,
    37  mortgage  banker, lender, and nonprofit organizations. The term "seller"
    38  also shall mean an entity that transfers shares in a cooperatively owned
    39  project.
    40    10. "Test for lead-based paint" shall mean a test for the presence  of
    41  lead-based  paint  that  has  been  conducted through a lead-based paint
    42  inspection as defined in 40 C.F.R. 745.103, 24  C.F.R.  35.86,  and  the
    43  United States department of housing and urban development guidelines for
    44  the  evaluation and control of lead-based paint hazards in housing (July
    45  2012), or successor regulations and guidelines, and  a  report  prepared
    46  indicating the results of such test, including the locations where tests
    47  were  performed for lead-based paint and the readings of all such tests.
    48  Such test shall not be valid unless performed  by  a  person  accredited
    49  pursuant to: (a) certification to conduct lead hazard risk assessment or
    50  inspections  by the United States environmental protection agency pursu-
    51  ant to 40 C.F.R. 745.226(b) or  successor  regulation;  or  (b)  certif-
    52  ication  by  a  state  or tribal program authorized by the United States
    53  environmental protection agency to certify individuals engaged in  lead-
    54  based  paint activities pursuant to 40 C.F.R. 745.325 or successor regu-
    55  lation or eligible to conduct the inspections required by this  article.
    56  For  multifamily  housing, the test must be conducted in accordance with
        A. 4820--B                          5
 
     1  the United States department of housing and urban development guidelines
     2  for the evaluation and control of lead-based paint  hazards  in  housing
     3  (July  2012), or successor guidelines.  Such inspection shall consist of
     4  the  use  of  an x-ray fluorescence analyzer on all types of surfaces in
     5  accordance with the procedures described in  chapter  7  of  the  United
     6  States  department  of  housing and urban development guidelines for the
     7  evaluation and control of lead-based  paint  hazards  in  housing  (July
     8  2012),  or  successor regulations, including on chewable surfaces, fric-
     9  tion surfaces, and impact  surfaces,  to  determine  whether  lead-based
    10  paint  is  present,  and  where  such paint is located, in such dwelling
    11  unit.
    12    11. "Transfer of title" shall mean delivery  of  a  properly  executed
    13  instrument  conveying  title  to  residential  real  property  and shall
    14  include delivery of a real estate purchase contract that is a  lease  or
    15  installment land sale contract.
    16    §  522.  Inspection  of residential real property for lead-based paint
    17  prior to transfer of title. 1. (a) Effective August first, two  thousand
    18  twenty-four,  every  seller  of  residential real property pursuant to a
    19  real estate purchase contract shall deliver to a buyer or buyer's  agent
    20  prior  to  the  signing  by  the  buyer  of a binding contract of sale a
    21  certificate that such property has been tested for lead-based paint, and
    22  provide the report of such test.  The seller shall attach a copy of  the
    23  certificate  containing  the signature of the seller and any report of a
    24  test for lead-based paint to the real estate  purchase  contract.    The
    25  seller  shall  submit a copy of such certificate and report of such test
    26  and any subsequent reports of such tests to the office authorized  under
    27  section  three  hundred  seventy-two  of this chapter to be registrar of
    28  title in the county where such real property is located, and such office
    29  shall not accept for filing an instrument of transfer  of  title  unless
    30  accompanied by such certificate where applicable.  The seller shall also
    31  file  such  certificate  and report with the registry established by the
    32  department of health pursuant to subdivision  one  of  section  thirteen
    33  hundred  seventy-seven  of  the public health law. The registry shall be
    34  publicly accessible  online,  translated  consistent  with  section  two
    35  hundred  two-a  of  the  executive law, and easy to navigate and read by
    36  people with an eighth grade education or less.  The department of health
    37  shall notify the county department of health  in  the  location  of  the
    38  property  sale  about  new  entries in the registry coming from property
    39  sales.
    40    (b) The presentation of a certificate of such test by a prior owner of
    41  such property and evidence of filing such certificate  and  report  with
    42  the department of health in the county where such residential real prop-
    43  erty  is located, and with the registry established by the department of
    44  health pursuant to subdivision one of section thirteen hundred  seventy-
    45  seven of the public health law, shall be deemed to be in compliance with
    46  the provisions of this subdivision.
    47    (c)  In  the  event  the  seller has not received from a prior owner a
    48  certification and report of such tests as set forth in this subdivision,
    49  the costs of testing for lead-based  paint  and  the  preparation  of  a
    50  certificate  and report thereof as provided in this subdivision shall be
    51  deductible by the transferor or  grantor,  up  to  the  amount  of  five
    52  hundred dollars, or in a building with more than one dwelling unit up to
    53  four hundred dollars per dwelling unit tested, from the taxes imposed by
    54  sections fourteen hundred two and fourteen hundred two-a of the tax law.
    55  The transferor or grantor shall not be reimbursed for costs in excess of
        A. 4820--B                          6
 
     1  the  total  taxes  imposed by sections fourteen hundred two and fourteen
     2  hundred two-a of the tax law.
     3    2. Any provision in a real estate purchase contract or any other docu-
     4  ment  related to the transfer of title in residential real property that
     5  purports to waive any right created under state or federal law  for  the
     6  buyer  to  conduct  a  risk  assessment or inspection of the property to
     7  determine the presence  of  lead-based  paint  and/or  lead-based  paint
     8  hazards,  or  any  oral  agreement that purports to waive such right, is
     9  null and void as against public policy, notwithstanding that such  waiv-
    10  ers might otherwise be permitted by federal law.
    11    3.  A  certificate  that  such property has been tested for lead-based
    12  paint shall not be required in connection  with  any  of  the  following
    13  transfers of residential real property:
    14    (a) A transfer to a beneficiary of a deed of trust;
    15    (b) A transfer by a fiduciary in the course of the administration of a
    16  decedent's estate, a guardianship, a conservatorship, or a trust;
    17    (c) A transfer from one co-owner to one or more other co-owners;
    18    (d)  A  transfer  made  to  the  transferor's spouse or to one or more
    19  persons in the lineal consanguinity of one or more of the transferors;
    20    (e) A transfer between spouses or former spouses  as  a  result  of  a
    21  decree  of  divorce,  dissolution of marriage, annulment, or legal sepa-
    22  ration or as a result of property settlement, agreement incidental to  a
    23  decree  of  divorce,  dissolution  of marriage, annulment or legal sepa-
    24  ration;
    25    (f) A transfer to or from the state, a political  subdivision  of  the
    26  state, or another governmental entity;
    27    (g) A transfer by a sheriff;
    28    (h) A transfer pursuant to a partition action; or
    29    (i)  A transfer of an unoccupied dwelling unit or residential property
    30  that is to be demolished, provided the dwelling unit  or  property  will
    31  remain  unoccupied until demolition and lead-safe work practices enumer-
    32  ated in 40 C.F.R. 745 and  successor  regulations,  or  more  protective
    33  state law are followed during the demolition.
    34    4.  Nothing  contained  in  this  article  is  intended to prevent the
    35  parties to a contract of sale from entering into agreements of any  kind
    36  or  nature  with respect to the physical condition of the property to be
    37  sold, including, but not limited to, agreements for  the  sale  of  real
    38  property "as is".
    39    §  523.  Duty  of agent. An agent representing a seller of residential
    40  real property as a listing broker, or, if the seller is not  represented
    41  by  an agent, the agent representing the buyer of residential real prop-
    42  erty and dealing with a prospective seller, shall have the duty to time-
    43  ly (in any event, before the buyer signs a  binding  contract  of  sale)
    44  inform  each  seller  of the seller's obligations under this article. An
    45  agent representing a buyer of residential  real  property,  or,  if  the
    46  buyer is not represented by an agent, the agent representing a seller of
    47  residential  real  property  and dealing with a prospective buyer, shall
    48  have the duty to timely (in any event, before the buyer signs a  binding
    49  contract  of  sale)  inform  such  buyer of the buyer's rights and obli-
    50  gations under this article. If an agent performs the  duties  and  obli-
    51  gations  imposed  upon  such  agent  pursuant to this section, the agent
    52  shall have no further duties under this article and shall not be  liable
    53  to  any  party  for a violation of this article. The department of state
    54  may, pursuant to section  four  hundred  forty-one-c  of  this  chapter,
    55  revoke or suspend the license of an agent who violates this article.
        A. 4820--B                          7
 
     1    § 524. Liability. Nothing contained in this article shall be construed
     2  as  limiting  any  existing  legal  cause of action or remedy at law, in
     3  statute or in equity.
     4    §  3.  The real property law is amended by adding a new section 235-aa
     5  to read as follows:
     6    § 235-aa. Disclosure of lead-based paint and lead-based paint hazards.
     7  1. Prior to executing a residential lease or  rental  agreement  with  a
     8  tenant,  the  owner  of real property shall provide the tenant a copy of
     9  all reports of a test for lead-based paint issued or  prepared  pursuant
    10  to  section  five  hundred  twenty-two  of  this  chapter, and any other
    11  report, within the possession or control of  the  owner,  pertaining  to
    12  lead-based  paint  or  lead-based  paint  hazards  within the meaning of
    13  section 4852d of title 42 of the United States Code and the  regulations
    14  thereunder. Owners who deliver a disclosure form with all required docu-
    15  ments  under  the  provisions of section 4852d of title 42 of the United
    16  States Code and the regulations  thereunder  shall  be  deemed  to  have
    17  complied with the requirements of this subdivision.
    18    2.  Any  agreement  by  a  lessee  or  tenant of premises for dwelling
    19  purposes waiving or modifying such lessee  or  tenant's  rights  as  set
    20  forth in this section shall be void as contrary to public policy.
    21    3.  An  owner  who  violates  this section shall be liable for a civil
    22  penalty not to exceed ten thousand dollars, and in addition,  a  penalty
    23  to  the  tenant  not  to  exceed  the equivalent of the amount of rental
    24  payments for three months plus any attorney's  fees.    The  powers  and
    25  remedies  set  forth  in  this section shall be in addition to all other
    26  existing legal cause of action or remedy at law, in statute or in  equi-
    27  ty.
    28    § 4. Subdivision 2 of section 462 of the real property law, as amended
    29  by chapter 484 of the laws of 2023, is amended to read as follows:
    30    2. The following shall be the disclosure form:
    31                   PROPERTY CONDITION DISCLOSURE STATEMENT
    32  NAME OF SELLER OR SELLERS:
    33  PROPERTY ADDRESS:
    34    THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
    35  TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
    36  TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
    37  BUYER OF A BINDING CONTRACT OF SALE.
    38    PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
    39  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
    40  STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
    41  REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
    42  ANY  INSPECTIONS  OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN [HIS OR
    43  HER] THEIR OWN INDEPENDENT PROFESSIONAL  INSPECTIONS  AND  ENVIRONMENTAL
    44  TESTS  AND  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE
    45  PROPERTY.
    46    A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
    47  MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
    48  TRANSFER OF TITLE.
    49    "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
    50  FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
    51  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
    52  BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
    53  DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
    54  APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
    55  OWNED IN FEE SIMPLE BY THE SELLER.
        A. 4820--B                          8
 
     1  INSTRUCTIONS TO THE SELLER:
     2    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
     3    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
     4  REQUIRED.
     5    (c) COMPLETE THIS FORM YOURSELF.
     6    (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
     7  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
 
     8    SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
     9  THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
    10  ING THIS DOCUMENT. THE SELLER AUTHORIZES [HIS OR HER]  THEIR  AGENT,  IF
    11  ANY,  TO  PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE
    12  RESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
    13  SELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
    14  GENERAL INFORMATION
    15    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    16    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    17    3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE  TO  BUYER--IF
    18       THE  STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
    19       GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
    20       YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE  THE  RESULTS
    21       OF  A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH
    22       TEST IF NOT PREVIOUSLY PERFORMED.
    23    4. DOES ANYBODY OTHER THAN YOURSELF HAVE  A  LEASE,  EASEMENT  OR  ANY
    24       OTHER  RIGHT  TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
    25       THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD,  SUCH  AS
    26       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
    27    5. DOES  ANYBODY  ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?  YES NO
    28       UNKN NA (IF YES, EXPLAIN BELOW)
    29    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
    30       CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO  UNKN  NA  (IF
    31       YES, EXPLAIN BELOW)
    32    7. ARE  THERE  ANY  FEATURES  OF  THE  PROPERTY  SHARED IN COMMON WITH
    33       ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH  AS  WALLS,
    34       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
    35    8. ARE  THERE  ANY  ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
    36       SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER  ASSOCIATION  FEES
    37       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    38    9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES
    39       NO UNKN NA (IF NO, EXPLAIN BELOW)
 
    40  ENVIRONMENTAL
    41    NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS  REGARD-
    42  ING  PETROLEUM  PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
    43  TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE  PROPERTY
    44  OR  FROM  THE  PROPERTY  ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
    45  INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE,  DIESEL  FUEL,  HOME  HEATING
    46  FUEL,  AND  LUBRICANTS.  HAZARDOUS  OR  TOXIC SUBSTANCES ARE PRODUCTS OR
    47  OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM  DANGER  TO  PERSONAL
    48  HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
    49  OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED  TO,  FERTILIZERS,  PESTI-
    50  CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
    51  AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
    52  ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
    53  BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
        A. 4820--B                          9
 
     1  CLEANERS, POOL CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND  LEAD  AND
     2  INDOOR MOLD.
 
     3    NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
     4  PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
     5  ARE  URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF
     6  LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED  TO  HAVE  THE
     7  PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
 
     8    10. IS  ANY  OR  ALL  OF  THE  PROPERTY LOCATED IN A FEDERAL EMERGENCY
     9        MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN?  YES  NO  UNKN  NA
    10        (IF YES, EXPLAIN BELOW)
    11    11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY  IN  THE
    12        SPECIAL  FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
    13        ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S)  CURRENT
    14        FLOOD  INSURANCE  RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
    15        EXPLAIN BELOW)
    16    12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY  OR  PARTIALLY  IN  A
    17        MODERATE  RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
    18        TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES  NO
    19        UNKN NA (IF YES, EXPLAIN BELOW)
    20    13. IS  THE  PROPERTY  SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
    21        OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES  NO  UNKN
    22        NA (IF YES, EXPLAIN BELOW)
    23        HOMES  IN  THE  SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
    24        FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE  MAPS  WITH  MORTGAGES
    25        FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
    26        AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
    27        AGES  HOMEOWNERS  IN  HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
    28        ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
    29        THE PERSONAL PROPERTY WITHIN  THE  STRUCTURE(S).  ALSO  NOTE  THAT
    30        HOMES  IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
    31        ING OVER TIME DUE  TO  PROJECTED  SEA  LEVEL  RISE  AND  INCREASED
    32        EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
    33        IN CURRENT FLOOD INSURANCE RATE MAPS.
    34    14. HAVE  YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
    35        OUS  OWNERS  RECEIVING  ASSISTANCE,  FROM  THE  FEDERAL  EMERGENCY
    36        MANAGEMENT  AGENCY  (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
    37        (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD  ASSISTANCE  FOR  FLOOD
    38        DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
    39        PROPERTIES  THAT  HAVE  RECEIVED  FEDERAL DISASTER ASSISTANCE, THE
    40        REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN  TO  ALL  FUTURE
    41        OWNERS.  FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
    42        IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
    43    15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF  YES,
    44        ATTACH A COPY OF THE POLICY)
    45        A  STANDARD  HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
    46        FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO  DETER-
    47        MINE WHETHER YOU ARE COVERED.
    48    16. IS  THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
    49        YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
    50        AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY  A  LICENSED
    51        SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
    52        THE  FLOOD  RISK  OF  THE  PROPERTY AND IS USED BY FLOOD INSURANCE
    53        PROVIDERS UNDER THE NATIONAL FLOOD  INSURANCE  PROGRAM  (NFIP)  TO
    54        HELP  DETERMINE  THE  APPROPRIATE  FLOOD  INSURANCE RATING FOR THE
        A. 4820--B                         10
 
     1        PROPERTY. A BUYER MAY BE ABLE TO  USE  THE  ELEVATION  CERTIFICATE
     2        FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
     3    17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
     4        ANY  INSURANCE  PROVIDER,  INCLUDING  THE NATIONAL FLOOD INSURANCE
     5        PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
     6    18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
     7        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
     8    19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT?
     9        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    10    20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?
    11        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    12    21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
    13        BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
    14        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
    15        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    16    22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
    17        LOCATION OR LOCATIONS BELOW)
    18    23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
    19        OR LOCATIONS BELOW)
    20    24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
    21        OF THE REPORT)
    22    25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
    23        ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR
    24        TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE
    25        PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO
    26        UNKN NA (IF YES, DESCRIBE BELOW)
    27    26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
    28        OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM
    29        PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
    30        UNKN NA (IF YES, ATTACH REPORT(S))
    31    27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES,
    32        ATTACH A COPY OF THE REPORT)
 
    33  STRUCTURAL
    34    28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
    35        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    36    29. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
    37        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    38    30. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
    39        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    40    31. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
    41        INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
    42        REPORT(S))
    43    32. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
    44        ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
    45        FERABLE WARRANTY ON THE ROOF IN EFFECT NOW? YES  NO  UNKN  NA  (IF
    46        YES, EXPLAIN BELOW)
    47    33. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
    48        STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
    49        PARTITIONS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 
    50  MECHANICAL SYSTEMS & SERVICES
    51    34. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
    52        MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
    53    35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
    54        (IF YES, DESCRIBE BELOW)
        A. 4820--B                         11
 
     1    36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
     2        SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
     3        AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
     4        ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
     5        EXPLAIN BELOW)
     6    37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
     7        AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
     8        PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
     9        NO UNKN NA (IF YES, EXPLAIN BELOW)
    10    38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
    11        IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
    12        (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    13    39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER  PENETRATION OR  DAMAGE
    14        DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY  RAIN-
    15        FALL,  COASTAL  STORM  SURGE,  TIDAL INUNDATION OR RIVER OVERFLOW?
    16        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    17    ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF  YES,
    18        EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
    19    40. PLUMBING SYSTEM?            YES NO UNKN NA
    20    41. SECURITY SYSTEM?            YES NO UNKN NA
    21    42. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
    22    43. SMOKE DETECTOR?             YES NO UNKN NA
    23    44. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
    24    45. SUMP PUMP?                  YES NO UNKN NA
    25    46. FOUNDATION/SLAB?            YES NO UNKN NA
    26    47. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
    27    48. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
    28    49. FLOORS?                     YES NO UNKN NA
    29    50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
    30    51. PATIO/DECK?                 YES NO UNKN NA
    31    52. DRIVEWAY?                   YES NO UNKN NA
    32    53. AIR CONDITIONER?            YES NO UNKN NA
    33    54. HEATING SYSTEM?             YES NO UNKN NA
    34    55. HOT WATER HEATER?           YES NO UNKN NA
    35    56. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
    36       NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
    37       PROPERTY  (E.G.  TAX  RECORDS  AND WETLAND AND FEMA'S CURRENT FLOOD
    38       INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
    39    THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE.  IF
    40  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
    41  TIONAL PAGES ATTACHED.
    42    ______________________________________________________________
    43    ______________________________________________________________
    44    ______________________________________________________________
    45    ______________________________________________________________
    46    SELLER'S  CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
    47  PROPERTY CONDITION DISCLOSURE STATEMENT IS  TRUE  AND  COMPLETE  TO  THE
    48  SELLER'S  ACTUAL  KNOWLEDGE  AS  OF  THE DATE SIGNED BY THE SELLER. IF A
    49  SELLER OF RESIDENTIAL REAL PROPERTY  ACQUIRES  KNOWLEDGE  WHICH  RENDERS
    50  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
    51  PREVIOUSLY,  THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY CONDITION
    52  DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN  NO  EVENT,
    53  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
    54  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
    55  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
    56    SELLER__________ DATE___________
        A. 4820--B                         12
 
     1    SELLER__________ DATE___________
     2    BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
     3  STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
     4  CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
     5  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
     6  AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
     7  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
     8    BUYER__________ DATE__________
     9    BUYER__________ DATE _________
    10    §  5.   This   act  shall take effect August 1, 2025.  Effective imme-
    11  diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
    12  lation  necessary  for  the  implementation of this act on its effective
    13  date are authorized to be made and completed on or before such effective
    14  date.