Connecticut Seal

Substitute House Bill No. 5456

Public Act No. 02-122

AN ACT CONCERNING THE DISCLOSURE OF CERTAIN CONDITIONS IN CONNECTION WITH THE SALE OF REAL ESTATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2002) (a) With respect to a contract for the sale of a one-to-four family residential real property, if the seller provides written notice to the purchaser, prior to, or upon, entering into the contract, of the availability of the lists of hazardous waste facilities pursuant to section 22a-134f of the general statutes, the seller and any real estate licensee shall be deemed to have fully satisfied any duty to disclose the presence of all hazardous waste facilities as defined in section 22a-134f of the general statutes, even if: (1) The list required to be submitted pursuant to section 22a-134f of the general statutes has not been submitted, (2) the list has not been received or made available as required in section 22a-134f of the general statutes, or (3) there is an error, omission or inaccuracy in the list.

(b) Nothing in this section shall be construed to impose liability on a seller or real estate licensee for failing to disclose the existence of hazardous waste facilities as defined in section 22a-134f of the general statutes.

(c) No seller or real estate licensee shall be required to compile, or contribute to the compilation of, in whole or in part, the list required pursuant to section 22a-134f of the general statutes.

Sec. 2. Section 20-329ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Notwithstanding sections 20-329cc and 20-329dd, if a purchaser or lessee of real estate, who was in the process of making a bona fide offer, advises an owner of real estate or his or her agent, in writing, that knowledge [of a psychological impact] that the property was at any time suspected to have been the site of a homicide, other felony or a suicide is important to [his] the purchaser's decision to purchase or lease the property, the owner through his or her agent shall report any findings to the purchaser or lessee, in writing subject to and consistent with applicable laws of privacy. If the owner refuses to disclose such information, his or her agent shall so advise the purchaser or lessee in writing.

Approved May 10, 2002