2001 SESSION

01-2208

05/10

HOUSE BILL 1212

COMMITTEE: Commerce

ANALYSIS

This bill requires real estate sellers to disclose potentially adverse off-site conditions that may reasonably be considered offensive to the human olfactory, auditory, or visual senses. The conditions shall also be included in the deed, mortgage, or other conveyance of the land.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2208

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Conveyances of Realty and Interests Therein; Disclosure Required; Water Supply; Sewage Disposal; Potentially Adverse Off-Site Conditions Added. Amend RSA 477:4-c to read as follows:

477:4-c Disclosure Required; Water Supply; Sewage Disposal; Potentially Adverse Off-Site Conditions.

I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller shall disclose the following information to the buyer. The buyer shall acknowledge receipt of this disclosure by signing a copy of such disclosure:

(a) Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of the most recent water test and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations.

(b) Information relative to the sewage disposal system including the size of the tank, type of system, its location, malfunctions, the age of the system, the date it was most recently serviced, and the name of the contractor who services the system.

(c) Information relative to the existence of potentially adverse off-site conditions that:

(1) May reasonably be considered offensive to the human olfactory, auditory, or visual senses;

(2) Are unknown to the buyer;

(3) Are known or should have been known to the seller; and

(4) May materially affect the value or the desirability of the property.

II. If the information required under this section is unknown by the seller that fact shall be stated in writing.

III. The existence of any potentially adverse off-site conditions disclosed pursuant to subparagraph I(c) shall be included in the deed.

2 New Section; Conveyances and Interest; Description of Potentially Adverse Off-Site Conditions. Amend RSA 477 by inserting after section 32-a the following new section:

477:32-b Description of Potentially Adverse Off-Site Conditions Required. Any description of land required in a deed, mortgage, or other conveyance under this chapter shall include the existence of any potentially adverse off-site conditions disclosed pursuant to RSA 477:4-c, I(c).

3 New Paragraph; Unit Ownership of Real Property; Content of Deeds of Units to Include Adverse Off-Site Conditions. Amend RSA 479-A:11 by inserting after paragraph IV the following new paragraph:

IV-a. The existence of any potentially adverse off-site conditions disclosed pursuant to RSA 477:4-c, I(c).

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