FIRST REGULAR SESSION
SENATE BILL NO. 313
90TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR STOLL.
Read 1st time January 20, 1999, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
L1439.01I
AN ACT
Relating to certain real estate transfers.
Section 1. 1. Except as provided in subsection 2 of this section, no person shall transfer any residential real property by sale, exchange, or land contract, unless such person has complied with the provisions of sections 1 to 6 of this act. "Residential real property" means real property located in this state improved by a one-family dwelling.
2. The provisions of sections 1 to 6 of this act shall not apply to the first sale of a new home or any other dwelling, property acquired by foreclosure, estate transfers or divorce transfers.
Section 2. 1. In any transfer of real property involving property described in section 1 of this act, the owner of the property shall furnish to the prospective buyer of the property, at the time the owner presents the contract for sale to the prospective buyer, a completed copy of the report required under subsection 2 of this section.
2. The report required under subsection 1 of this section shall be substantially in the following form:
SELLER'S DISCLOSURE STATEMENT
Property Address:
Sellers Name(s):
Seller is is not occupying the property.
Purpose of Disclosure Statement: This statement is a disclosure of the condition of the above described property in compliance with Section .................... of the Missouri Revised Statutes. It is not a warranty of any kind by the Seller(s) or any agent(s) representing any principle(s) in this transaction. BUYER(S) IS/ARE ENCOURAGED TO OBTAIN THEIR OWN PROFESSIONAL INSPECTION.
Sellers Statement: The seller gives the following information with the knowledge that even though this is not a warranty, the seller hereby specifically makes the following representations based on the sellers knowledge at the signing of this document. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE AGENT IN THE TRANSACTION. Real estate agents involved in the sale do not inspect the property for defects, and they cannot guarantee the accuracy of the information in this form.
Instructions to the Seller: (1) Answer ALL questions. (2) Report known conditions affecting the property. (3) Attach additional pages with your signature if additional space is required. (4) Complete this form yourself. (5) If some items do not apply to your property, write a NA (not applicable).
Buyer: If you sign a contract to purchase the property, that contract, and not this disclosure statement, will provide for what is to be included in the sale. So, if you expect certain items, appliances, or equipment included, you must specify them in the contract.
1) WATER IN BASEMENT, CRAWL SPACE OR SLAB AREA: Has there ever been any Water Seepage Leakage Moisture Dampness Standing water in the basement, crawl space and/or on or through slab areas?
YES NO If yes, what repairs have been made and when were they completed?
Do you know of any current problems? YES NO If yes, please explain:
2) MECHANICAL SYSTEMS:
Heating, cooling and ventilating (Seller is not agreeing that all items checked are being offered for sale.)
(a) Type of air conditioning: Central Electric Central Gas Window/Wall (Number of window units )
Other:
(b) Source of heating: Electric Natural Gas Propane Fuel Oil Propane Tank Owned Leased
Other:
(c) Heating equipment: Forced Air Hot Water Radiator Radiant Baseboard
Other:
(d) Areas of house not served by central heating/cooling:
(e) Additional: Functional Fireplace(s) Humidifier Wood Burning Stove Electronic Air Filter Attic Fan
Other:
Are you aware of any problems or repairs needed with any item in this section? YES NO If "yes", explain:
Electrical
Type of service panel: Fuse Circuit Breakers
Do the lights dim when you use major appliances: YES NO If "yes", explain:
Have you had fuses blow or circuits trip in the last year? YES NO If "yes", explain:
Are you aware of any problems or repairs needed in the electrical system?
YES NO If "yes", explain:
Plumbing System, Fixtures and Equipment
(a) Water Heater: Gas Electric Other:
(b) Whirlpool/Jetted Tub YES NO
Are you aware of any problems or repairs needed in the plumbing system?
YES NO If "yes", explain:
If rewired, was new wiring installed in walls? YES NO If "yes", explain:
3) APPLIANCES: Check any of the following items that are NOT in operating condition or are in need of repair or replacement. (Seller is not agreeing that all items checked are being offered for sale. Items offered for sale should be addressed in the sale contract.)
(a) Electrical Appliances and Equipment: Stove/Range/Cook Top Oven Microwave Oven Ceiling Fan(s) Sump Pump and Pit Wired Smoke Alarms Trash Compactor Garbage Disposal Intercom System Ice-Making Machine Dishwasher Central Vacuum System Refrigerator Washer Dryer
Other:
(b) Gas Appliances and Equipment: Exterior Lights Barbecue Fireplace Stove/Range/Cook Top Oven Dryer
(c) Other Equipment: Electric Garage Door Opener
Number of transmitters:
Security Alarm System Owned Lease Lease Information:
Swimming Pool Pool Heater Spa/Hot Tub Sauna/Pool/Spa Equipment (list):
Satellite Dish Satellite Receiving Equipment Owned Leased
Lease information:
TV Antenna Cable TV Wiring
(d) Garage, Grounds, and Equipment: Lawn Sprinkler System Electronic Pet Fence System
Other:
Are you aware of any items in this section in need of repair or replacement?
YES NO If "yes", explain:
4) ROOF, GUTTERS AND DOWNSPOUTS:
Asphalt Shingle Wood Shingle Slate Tile Asbestos Composition Other:
(a) What is the approximate age of the roof? Years
Documented YES NO
(b) Has the roof ever leaked during your ownership? YES NO If "yes", explain (where; when; action taken):
(Warranty?) . . . . . . . . . . . . . . . . . . .
(c) Has the roof been repaired, recovered or any portion of it replaced or recovered during your ownership? YES NO If "yes", explain (where; when; action taken):
(Warranty?) . . . . . . . . . . . . . . .
Who was the roofer?
Do you have receipts?
Are you aware of any problems with the roof, gutters or downspouts? YES NO If "yes", explain:
Do you know how many layers of roofing exist? YES NO How many?
5) WATER SUPPLY: Property is serviced by Public Water Service Private Water Service Well Well Pump Holding Tank Cistern Spring Pond Spring/Pond Pump
Has water potability been tested? YES NO When?
Results?
Are you aware of below normal water pressure in your water supply? YES NO
Has your water supply ever run low? YES NO Please explain any problems you have had with your water supply system or quality:
6) SEWAGE SYSTEM:
Sanitary Sewer at Street House is connected to Sanitary Sewer Storm Sewer Septic Tank Leach Field Aeration Tank Filtration Bed Lagoon Other:
If Septic/Aeration/Filtration, answer the following:
Date installed? .
Date last inspected? By whom? . . . . . . . . . . . . . . .
Date last cleaned? By whom? . . . . . . . . . . . . . .
To your knowledge, is it in need of expansion, cleaning, repair or replacement? YES NO If "yes", explain:
7) STRUCTURE/COMPONENTS: Check any of the following items which have any defects or malfunctions:
Foundation Slab Fireplace Interior Walls Ceilings Floors Windows Doors Storms/Screens Exterior Walls Driveway Sidewalks Outside Fences/Walls Other Structures/Components:
If any of the above is checked, please explain:
8) LAND (SOILS, DRAINAGE AND BOUNDARIES):
(a) Are you aware of any fill or expansive soil on the property? YES NO
(b) Have there been any sliding, settling, earth movement, upheaval or earth stability problems on the property? YES NO
(c) Is the property located in a 100 year flood zone or wetlands area? YES NO
(d) Are you aware of any drainage or flood problems on the property? YES NO
(e) Are there any encroachments, boundary line disputes, or easements affecting the property? YES NO If any of the above answers are "yes", please explain in detail:
9) TERMITES, DRYROT, PESTS:
(a) Are there any termites, dryrot, or pests on or affecting the property? YES NO
(b) Has the property been damaged by termites, dryrot, or pests? YES NO
(c) Is the property currently under warranty or other coverage by a licensed pest control company? YES NO
(d) Are you aware of any termite/pest control reports or treatments on the property in the last five years? YES NO If "yes", please explain the results reported on inspection in detail.
Is there any "old damage" of which you are aware?
10) HAZARDOUS SUBSTANCES:
(a) Are you aware of the presence of any lead-based paint on the property? YES NO (Note: Production of lead-based paint was banned in 1978)
(b) Are you aware if the property has been tested for radon gas or any other hazardous substances? YES NO If "yes", please give date performed, type of test and test results:
(c) Are you aware of asbestos materials on the property, such as roof shingles, siding, insulation, ceiling, flooring, pipe wrap, etc? YES NO
(d) Are you aware of other environmental concerns that may affect the property such as lead water supply pipes, polychlorinated biphyenyls (PCB's)? YES NO If any of the above answers are "yes", please explain in detail:
11) SUBDIVISION: (If applicable)
(a) Name:
(b) Assessment: $. . . . . ., per Month Quarter Half-Year Year
(c) Assessment includes: Street Maintenance Club House Pool Tennis Court Entrance Signs/Structure
Other common facility
(d) Are you aware of any existing or proposed special assessments? YES NO
(e) Are you aware of any violation of the subdivision restrictions by yourself or by others? YES NO
(f) Are you aware of any condition or claim which may cause an increase in assessment or fees? YES NO If any of the above answers are "yes", please explain in detail: .
12) CONDOMINIUM, CO-OP OR SHARED COST DEVELOPMENT: (If applicable)
(a) Name:
(b) Type: Condominium Co-Op Other Shared Cost Development:
(c) Assessment: $. . . . . . . ., per Month Quarter Half-Year Year
(d) Assessment includes: Water Cooling Heating Sewer Trash Removal Snow Removal Street Maintenance Assigned Parking Space(s) . . . . . . (#) Security Landscaping Real Estate Taxes Insurance on Building Club House Pool Tennis Court Exercise Area Doorman Reception Facility Other Common Facility
(e) Exterior maintenance: fully covered by assessment partly covered by assessment
Area excluded:
(f) Are you aware of any existing or proposed special assessments? YES NO
(g) Are you aware of any material defects in your building or other shared elements? YES NO
(h) Are you aware of any violation of the restrictions, rules and regulations by yourself or by others? YES NO
(i) Are you aware of any condition or claim which may cause an increase in assessment or fees? YES NO If any of the above answers are "yes", please explain in detail:
13) MISCELLANEOUS:
(a) The approximate age of the residence is . . . . . years. The Seller has occupied the property . . . . . years.
(b) Has the Seller continuously occupied the property during the last twelve months? YES NO If "no", please explain:
(c) Is the property located in an area that requires an occupancy (code compliance) inspection: YES NO If "yes", describe:
(d) Is the property designated as a historical home or located in a historic district: YES NO If "yes", describe:
(e) Has there been major damage to the property or any of the structure from fire, earthquake, floods, mine subsidence or other event? YES NO If "yes", describe:
(f) Are there any underground storage tanks? YES NO
(g) Are there any rotted or dead trees on the property? YES NO
(h) Are you aware of any:
* shared or common features with adjoining properties? YES NO
* existing or threatened legal action affecting the property? YES NO
* violations of local, state, or federal laws/regulations, including zoning, relating to the property? YES NO
* additions, modifications, or alterations made to the property without necessary permits? YES NO
* consent required of anyone other than the signer(s) of this form to convey title to the property? YES NO
Explain any "yes" answers you gave:
Please state any other facts or information relating to the property that you would want to know if you were purchasing the property:
Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of the date signed by Seller. Seller further agrees to notify Buyer of any additional items which may become known to Seller prior to recording of the Deed. Seller authorizes listing broker, any co-operating broker, buyers broker, and their agents to furnish a copy of this statement to prospective buyers.
Seller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19 . . . . .
Seller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19 . . . . .
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. I/WE UNDERSTAND THAT THIS INFORMATION IS A DESCRIPTION OF THE PROPERTY TO THE BEST OF SELLER'S KNOWLEDGE AS OF THE ABOVE DATE. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENT AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS BUYER MAY WISH TO OBTAIN.
Buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19 . . . . .
Buyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 19 . . . . .
Section 3. The owner shall amend a report pursuant to sections 1 to 6 of this act if the amendment would materially change the previously disclosed information.
Section 4. An owner shall indicate compliance with sections 1 to 6 of this act on the offer to purchase, the closing statement, the lease, or in an addendum to one of those documents.
Section 5. The owner shall personnally perform each act and make each disclosure required by sections 1 to 6 of this act with honesty in fact. Any such person who violates the provisions of this section shall be liable in a civil action to the purchaser or other transferee of the property for the costs of repairing the undisclosed defect to the property.
Section 6. An owner is not liable for an error or omission in a report pursuant to sections 1 to 6 of this act if the owner had no knowledge of that error or omission, or if the error or omission was based on information provided by a public agency.