STATE OF NEW YORK
________________________________________________________________________
2142--A
Cal. No. 999
2021-2022 Regular Sessions
IN SENATE
January 20, 2021
___________
Introduced by Sens. KAVANAGH, BROUK, JACKSON, MANNION, RIVERA, SALAZAR,
SKOUFIS -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in 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. 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. Medical research indicates that children can
7 suffer permanent brain damage at blood levels even lower than 5mcg/dL,
8 and that there is no level of lead ingestion that is without adverse
9 impact. The predominant cause of lead poisoning in young children is
10 the ingestion of lead particles from deteriorating or abraded lead-based
11 paint from older and poorly maintained residences. Although New York
12 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
13 of New York's housing stock was constructed prior to 1970 and lead-based
14 paint was available outside of the state until 1978. New York state has
15 both the nation's greatest number (over 4 million units), the highest
16 percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the
17 oldest housing inventory among the fifty states. At least ninety percent
18 of lead-based paint still exists in occupied housing built before 1960.
19 New York state's older housing stock places residents at great risk of
20 exposure to lead hazards, with low-income children living in older hous-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06488-02-1
S. 2142--A 2
1 ing having the highest risk of lead poisoning. Knowledge of lead-based
2 paint hazards, their control, mitigation, abatement, and risk avoidance
3 is not sufficiently widespread. In addition, while federal law requires
4 the disclosure by sellers of real property of knowledge of the existence
5 of lead-based paint and lead-based paint hazards, and encourages poten-
6 tial buyers to conduct inspections for lead-based paint, these mech-
7 anisms neither mandate that such inspections take place either by sell-
8 ers or buyers. This gap in disclosure requirements results in
9 residential property being transferred without any knowledge of the
10 potential for such property to cause lead poisoning and the attendant
11 liabilities.
12 Local county health departments lack sufficient information as to
13 which housing contains lead-based paint and the locations of such lead-
14 based paint, resulting in less cost-effective prevention of lead poison-
15 ing, avoidable harm to children's health, and wasted public resources.
16 The purposes of this act are to assure that properties that have not
17 been previously tested for lead-based paint are not simply transferred
18 to new owners without knowledge of whether there is lead-based paint
19 present, and to better utilize the existing federal laws that mandate
20 disclosure of lead-based paint and lead-based paint hazards and to aid
21 in the prevention of lead poisoning. This act is not intended to and
22 does not diminish the responsibility of buyers to carefully examine the
23 property which they intend to purchase and public records pertaining to
24 the property. This act is not intended to and does not limit existing
25 responsibilities by a seller, buyer or agent concerning the condition of
26 the property or potential liabilities or remedies at law, statute or in
27 equity.
28 This act will significantly improve the transfer process and better
29 serve the interests of all parties to a home purchase. It will increase
30 clarity regarding the nature of the property and will provide greater
31 certainty to contracts entered into by better informed buyers and sell-
32 ers. As well, it will provide incentive to owners to voluntarily test
33 their property prior to sale.
34 § 2. The real property law is amended by adding a new article 16 to
35 read as follows:
36 ARTICLE 16
37 LEAD-BASED PAINT DISCLOSURE ACT
38 Section 520. Short title.
39 521. Definitions.
40 522. Inspection of residential real property for lead-based
41 paint prior to transfer of title.
42 523. Duty of agent.
43 524. Liability.
44 § 520. Short title. This article shall be known and may be cited as
45 the "lead-based paint disclosure act".
46 § 521. Definitions. As used in this article, the following terms shall
47 have the following meanings:
48 1. "Agent" shall mean a person who is licensed as a real estate broker
49 or a real estate salesperson pursuant to section four hundred forty-a of
50 this chapter and acting in a fiduciary capacity.
51 2. "Binding contract of sale" shall mean a real estate purchase
52 contract or offer that would, upon signing by the seller and subject to
53 satisfaction of any contingencies, require the buyer to accept a trans-
54 fer of title.
55 3. "Broker" shall have the same meaning as "real estate broker"
56 defined by section four hundred forty of this chapter.
S. 2142--A 3
1 4. "Buyer" shall mean any entity that enters into a real estate
2 purchase contract, including but not limited to individuals, partner-
3 ships, corporations, trusts, government agencies, housing agencies,
4 Indian tribes, and nonprofit organizations.
5 5. "Lead-based paint" shall mean paint or other similar surface coat-
6 ing material containing 1.0 milligrams of lead per square centimeter or
7 greater, as determined by laboratory analysis of paint samples with all
8 layers of paint present, or by an x-ray fluorescence analyzer. If an
9 x-ray fluorescence analyzer is used, readings shall be corrected for
10 substrate bias when necessary as specified by the performance character-
11 istic sheets released by the United States environmental protection
12 agency and the United States department of housing and urban development
13 for the specific x-ray fluorescence analyzer used. X-ray fluorescence
14 readings shall be classified as positive, negative or inconclusive in
15 accordance with the United States department of housing and urban devel-
16 opment guidelines for the evaluation and control of lead-based paint
17 hazards in housing (July 2012) or successor guidelines, and the perform-
18 ance characteristic sheets released by the United States environmental
19 protection agency and the United States department of housing and urban
20 development for the specific x-ray fluorescence analyzer used. X-ray
21 fluorescence readings that fall within the inconclusive zone, as deter-
22 mined by the performance characteristic sheets, shall be confirmed by
23 laboratory analysis of paint chips, results shall be reported in milli-
24 grams of lead per square centimeter and the measure of such laboratory
25 analysis shall be definitive. If laboratory analysis is used to deter-
26 mine lead content, results shall be reported in milligrams of lead per
27 square centimeter. Where the surface area of a paint chip sample cannot
28 be accurately measured or if an accurately measured paint chip sample
29 cannot be removed, a laboratory analysis may be reported in percent by
30 weight. In such case, lead-based paint shall mean any paint or other
31 similar surface-coating material containing more than 0.009 percent of
32 metallic lead, based on the non-volatile content of the paint or other
33 similar surface-coating material. In the event that the United States
34 environmental protection agency or a successor agency, or the United
35 States department of housing and urban development or a successor agen-
36 cy, or a department or agency of the state of New York that has obtained
37 applicable authorization pursuant to 40 C.F.R. part 745 subpart Q or
38 successor regulation, adopts more stringent definitions of lead-based
39 paint, such more stringent definitions shall apply for the purposes of
40 this article.
41 6. "Real estate purchase contract" shall mean any of the following:
42 (a) a contract which provides for the purchase and sale or exchange of
43 residential real property;
44 (b) a lease with an option to purchase residential real property;
45 (c) a lease-with-obligation-to-purchase agreement for residential real
46 property; or
47 (d) an installment land sale contract for residential real property.
48 7. "Residential real property" shall mean real property improved by a
49 residential dwelling erected prior to the year nineteen hundred seven-
50 ty-eight.
51 8. "Residential dwelling" shall mean a single-family dwelling, includ-
52 ing attached structures such as porches and stoops, or a single-family
53 dwelling unit within a structure that contains more than one separate
54 residential dwelling unit, used or occupied, or designed to be used or
55 occupied, wholly or partly, as the home or residence of one or more
56 persons whether or not it was or will be occupied.
S. 2142--A 4
1 9. "Seller" shall mean any entity that intends to engage in the trans-
2 fer of title to a buyer of residential real property, in whole or in
3 part, including but not limited to individuals, partnerships, corpo-
4 rations, trusts, government agencies, housing agencies, Indian tribes,
5 mortgage banker, lender, and nonprofit organizations. The term "seller"
6 also shall mean an entity that transfers shares in a cooperatively owned
7 project.
8 10. "Test for lead-based paint" shall mean a test for the presence of
9 lead-based paint that has been conducted through both a lead hazard risk
10 assessment and a lead-based paint inspection as defined in 40 C.F.R.
11 745.103, 24 C.F.R. 35.86, and the United States department of housing
12 and urban development guidelines for the evaluation and control of lead-
13 based paint hazards in housing (July 2012), or successor regulations and
14 guidelines, and a report prepared indicating the results of such test,
15 including the locations where tests were performed for lead-based paint
16 and lead-based paint hazards and the readings of all such tests. Such
17 test shall not be valid unless performed by a person accredited pursuant
18 to: (a) certification to conduct lead hazard risk assessment and
19 inspections by the United States environmental protection agency pursu-
20 ant to 40 C.F.R. 745.226(b) or successor regulation; or (b) certif-
21 ication by a state or tribal program authorized by the United States
22 environmental protection agency to certify individuals engaged in lead-
23 based paint activities pursuant to 40 C.F.R. 745.325 or successor regu-
24 lation or eligible to conduct the inspections required by this article.
25 For multifamily housing, the test must be conducted in accordance with
26 the United States department of housing and urban development guidelines
27 for the evaluation and control of lead-based paint hazards in housing
28 (July 2012), or successor guidelines.
29 11. "Transfer of title" shall mean delivery of a properly executed
30 instrument conveying title to residential real property and shall
31 include delivery of a real estate purchase contract that is a lease or
32 installment land sale contract.
33 § 522. Inspection of residential real property for lead-based paint
34 prior to transfer of title. 1. (a) Effective August first, two thousand
35 twenty-two, every seller of residential real property pursuant to a real
36 estate purchase contract shall deliver to a buyer or buyer's agent prior
37 to the signing by the buyer of a binding contract of sale a certificate
38 that such property has been tested for lead-based paint, and provide the
39 report of such test. A copy of the certificate containing the signature
40 of the seller and any report of a test for lead-based paint shall be
41 attached to the real estate purchase contract. A copy of such certif-
42 icate and report of such test and any subsequent reports of such tests
43 shall be filed with the state department of health in the department of
44 health in the county where such residential real property is located,
45 and such certificate shall as well be filed with the office authorized
46 under section three hundred seventy-two of this chapter to be registrar
47 of title in the county where such real property is located, and such
48 office shall not accept for filing an instrument of transfer of title
49 unless accompanied by such certificate where applicable.
50 (b) The presentation of a certificate of such test by a prior owner of
51 said property and evidence of filing such certificate and report with
52 the department of health in the county where such residential real prop-
53 erty is located, shall be deemed to be in compliance with the provisions
54 of this subdivision.
55 (c) In the event the seller has not received from a prior owner a
56 certification and report of such tests as set forth in this subdivision,
S. 2142--A 5
1 the costs of testing for lead-based paint and the preparation of a
2 certificate and report thereof as provided in this subdivision shall be
3 deductible by the transferor or grantor, up to the amount of five
4 hundred dollars, or in a building with more than one dwelling unit up to
5 four hundred dollars per dwelling unit tested, from the taxes imposed by
6 sections fourteen hundred two and fourteen hundred two-a of the tax law.
7 The transferor or grantor shall not be reimbursed for costs in excess of
8 the total taxes imposed by sections fourteen hundred two and fourteen
9 hundred two-a of the tax law.
10 2. Any provision in a real estate purchase contract or any other docu-
11 ment related to the transfer of title in residential real property that
12 purports to waive any right created under state or federal law for the
13 buyer to conduct a risk assessment or inspection of the property to
14 determine the presence of lead-based paint and/or lead-based paint
15 hazards, or any oral agreement that purports to waive such right, is
16 null and void as against public policy, notwithstanding that such waiv-
17 ers might otherwise be permitted by federal law.
18 3. A certificate that such property has been tested for lead-based
19 paint shall not be required in connection with any of the following
20 transfers of residential real property:
21 (a) A transfer to a beneficiary of a deed of trust;
22 (b) A transfer by a fiduciary in the course of the administration of a
23 decedent's estate, a guardianship, a conservatorship, or a trust;
24 (c) A transfer from one co-owner to one or more other co-owners;
25 (d) A transfer made to the transferor's spouse or to one or more
26 persons in the lineal consanguinity of one or more of the transferors;
27 (e) A transfer between spouses or former spouses as a result of a
28 decree of divorce, dissolution of marriage, annulment, or legal sepa-
29 ration or as a result of property settlement, agreement incidental to a
30 decree of divorce, dissolution of marriage, annulment or legal sepa-
31 ration;
32 (f) A transfer to or from the state, a political subdivision of the
33 state, or another governmental entity;
34 (g) A transfer by a sheriff;
35 (h) A transfer pursuant to a partition action; or
36 (i) A transfer of an unoccupied dwelling unit or residential property
37 that is to be demolished, provided the dwelling unit or property will
38 remain unoccupied until demolition and lead-safe work practices enumer-
39 ated in 40 C.F.R. 745 and successor regulations, or more protective
40 state law are followed during the demolition.
41 4. Nothing contained in this article is intended to prevent the
42 parties to a contract of sale from entering into agreements of any kind
43 or nature with respect to the physical condition of the property to be
44 sold, including, but not limited to, agreements for the sale of real
45 property "as is".
46 § 523. Duty of agent. An agent representing a seller of residential
47 real property as a listing broker, or, if the seller is not represented
48 by an agent, the agent representing the buyer of residential real prop-
49 erty and dealing with a prospective seller, shall have the duty to time-
50 ly (in any event, before the buyer signs a binding contract of sale)
51 inform each seller of the seller's obligations under this article. An
52 agent representing a buyer of residential real property, or, if the
53 buyer is not represented by an agent, the agent representing a seller of
54 residential real property and dealing with a prospective buyer, shall
55 have the duty to timely (in any event, before the buyer signs a binding
56 contract of sale) inform such buyer of the buyer's rights and obli-
S. 2142--A 6
1 gations under this article. If an agent performs the duties and obli-
2 gations imposed upon him or her pursuant to this section, the agent
3 shall have no further duties under this article and shall not be liable
4 to any party for a violation of this article. The department of state
5 may, pursuant to section four hundred forty-one-c of this chapter,
6 revoke or suspend the license of an agent who violates this article.
7 § 524. Liability. Nothing contained in this article shall be construed
8 as limiting any existing legal cause of action or remedy at law, in
9 statute or in equity.
10 § 3. The real property law is amended by adding a new section 235-aa
11 to read as follows:
12 § 235-aa. Disclosure of lead-based paint and lead-based paint hazards.
13 1. Prior to executing a residential lease or rental agreement with a
14 tenant, the owner of real property shall provide the tenant a copy of
15 all reports of a test for lead-based paint issued or prepared pursuant
16 to section five hundred twenty-two of this chapter, and any other
17 report, within the possession or control of the owner, pertaining to
18 lead-based paint or lead-based paint hazards within the meaning of
19 section 4852d of title 42 of the United States Code and the regulations
20 thereunder. Owners who deliver a disclosure form with all required docu-
21 ments under the provisions of section 4852d of title 42 of the United
22 States Code and the regulations thereunder shall be deemed to have
23 complied with the requirements of this subdivision.
24 2. Any agreement by a lessee or tenant of premises for dwelling
25 purposes waiving or modifying his or her rights as set forth in this
26 section shall be void as contrary to public policy.
27 3. An owner who violates this section shall be liable for a civil
28 penalty not to exceed ten thousand dollars, and in addition, a penalty
29 to the tenant not to exceed the equivalent of the amount of rental
30 payments for three months plus any attorney's fees. The powers and
31 remedies set forth in this section shall be in addition to all other
32 existing legal cause of action or remedy at law, in statute or in equi-
33 ty.
34 § 4. Subdivision 2 of section 462 of the real property law, as added
35 by chapter 456 of the laws of 2001, is amended to read as follows:
36 2. The following shall be the disclosure form:
37 PROPERTY CONDITION DISCLOSURE STATEMENT
38 NAME OF SELLER OR SELLERS:
39 PROPERTY ADDRESS:
40 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
41 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
42 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
43 BUYER OF A BINDING CONTRACT OF SALE.
44 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
45 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
46 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
47 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
48 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
49 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
50 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
51 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
52 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
S. 2142--A 7
1 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY
2 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
3 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
4 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS
5 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
6 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
7 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
8 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
9 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
10 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
11 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
12 OWNED IN FEE SIMPLE BY THE SELLER.
13 INSTRUCTIONS TO THE SELLER:
14 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
15 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
16 REQUIRED.
17 (c) COMPLETE THIS FORM YOURSELF.
18 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
19 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
20 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
21 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
22 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
23 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
24 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
25 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
26 GENERAL INFORMATION
27 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
28 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
29 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
30 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
31 GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
32 YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS
33 OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH
34 A TEST IF NOT PREVIOUSLY PERFORMED.
35 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
36 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
37 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
38 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
39 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
40 UNKN NA (IF YES, EXPLAIN BELOW)
41 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
42 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
43 YES, EXPLAIN BELOW)
44 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
45 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
46 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
47 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
48 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
49 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
50 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
51 NO UNKN NA (IF NO, EXPLAIN BELOW)
52 ENVIRONMENTAL
S. 2142--A 8
1 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
2 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
3 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
4 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
5 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
6 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
7 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
8 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE
9 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
10 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
11 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
12 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
13 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL
14 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
15 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
16 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
17 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF
18 LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE
19 PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
20 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
21 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
22 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
23 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
24 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO
25 UNKN NA (IF YES, EXPLAIN BELOW)
26 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA
27 (IF YES, EXPLAIN BELOW)
28 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
29 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE
30 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
31 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
32 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
33 LOCATION OR LOCATIONS BELOW)
34 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
35 OR LOCATIONS BELOW)
36 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
37 OF THE REPORT)
38 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
39 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR
40 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
41 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO
42 UNKN NA (IF YES, DESCRIBE BELOW)
43 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
44 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
45 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
46 UNKN NA (IF YES, ATTACH REPORT(S))
47 STRUCTURAL
48 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
49 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
50 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
51 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
52 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
53 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
S. 2142--A 9
1 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
2 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
3 REPORT(S))
4 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
5 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
6 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
7 YES, EXPLAIN BELOW)
8 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
9 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
10 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
11 MECHANICAL SYSTEMS & SERVICES
12 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
13 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
14 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
15 (IF YES, DESCRIBE BELOW)
16 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
17 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL,
18 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING?
19 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES,
20 EXPLAIN BELOW)
21 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
22 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________
23 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
24 NO UNKN NA (IF YES, EXPLAIN BELOW)
25 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
26 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
27 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
28 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
29 NO UNKN NA (IF YES, EXPLAIN BELOW)
30 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
31 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
32 32. PLUMBING SYSTEM? YES NO UNKN NA
33 33. SECURITY SYSTEM? YES NO UNKN NA
34 34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
35 35. SMOKE DETECTOR? YES NO UNKN NA
36 36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
37 37. SUMP PUMP? YES NO UNKN NA
38 38. FOUNDATION/SLAB? YES NO UNKN NA
39 39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
40 40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
41 41. FLOORS? YES NO UNKN NA
42 42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
43 43. PATIO/DECK? YES NO UNKN NA
44 44. DRIVEWAY? YES NO UNKN NA
45 45. AIR CONDITIONER? YES NO UNKN NA
46 46. HEATING SYSTEM? YES NO UNKN NA
47 47. HOT WATER HEATER? YES NO UNKN NA
48 48. THE PROPERTY IS LOCATED IN THE
49 FOLLOWING SCHOOL DISTRICT UNKN
50 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
51 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
S. 2142--A 10
1 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
2 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
3 TIONAL PAGES ATTACHED.
4 ______________________________________________________________________
5 ______________________________________________________________________
6 ______________________________________________________________________
7 ______________________________________________________________________
8 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
9 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
10 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
11 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
12 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
13 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
14 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
15 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
16 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
17 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
18 SELLER _______________________________________ DATE ________________
19 SELLER _______________________________________ DATE ________________
20 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
21 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
22 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
23 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
24 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
25 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
26 BUYER _______________________________________ DATE ________________
27 BUYER _______________________________________ DATE ________________
28 § 5. This act shall take effect August 1, 2022. Effective immediate-
29 ly, the addition, amendment, and/or repeal of any rule or regulation
30 necessary for the implementation of this act on its effective date are
31 authorized to be made and completed on or before such effective date.
