SB 343- AS AMENDED BY THE SENATE

3/9/00 3645s

2000 SESSION

00-2674

05/10

SENATE BILL 343

AN ACT relative to disclosures concerning sexual offenders in sales of real property.

SPONSORS: Sen. Klemm, Dist 22; Rep. Clegg, Hills 23

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires residential property disclosure statements to include a paragraph encouraging purchasers to exercise their own due diligence in checking related public information records on sexual offenders.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3/9/00 3645s

00-2674

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to disclosures concerning sexual offenders in sales of real property.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Conveyance of Realty; Disclosure Statements; Sexual Offenders. Amend RSA 477:4-e, I(a) to read as follows:

477:4-e History of Property or Community.

I.(a)(1) The owner of real property, or any agent of such owner, shall not be required to disclose information to a buyer regarding that such real property was a site of a homicide, other felony, or a suicide, unless the buyer requests such information of the owner or agent and the owner or agent has knowledge that the property was the site of a homicide, other felony, or suicide.

(2) In any sale of real property, residential property disclosure statements shall include a paragraph encouraging purchasers to exercise whatever due diligence they deem necessary with respect to information on any sexual offenders registered under the provisions of RSA 651-B that may reside in the area.

(b) No cause of action shall arise against an owner of real property or any agent of such owner if such owner or agent discloses information at the request of the buyer [pursuant to subparagraph (a)].

II. Notwithstanding paragraph I, the seller and buyer of real property shall be free to negotiate contractual rights of disclosure concerning the [matter] matters in [RSA 477:4-e, I] this section.

2 Effective Date. This act shall take effect 60 days after its passage.