HB181 (2009) Detail

Relative to disclosure of contaminants prior to the sale of real property.


HB 181 – AS INTRODUCED

2009 SESSION

09-0170

05/04

HOUSE BILL 181

AN ACT relative to disclosure of contaminants prior to the sale of real property.

SPONSORS: Rep. Rosenwald, Hills 22; Rep. Movsesian, Hills 22; Rep. Rhodes, Hills 22; Rep. Pilliod, Belk 5; Rep. French, Merr. 5; Sen. Gilmour, Dist 12; Sen. Lasky, Dist 13

COMMITTEE: Commerce

ANALYSIS

This bill requires the disclosure of contaminants that are known to the seller prior to the sale of real property. The bill establishes a private right of action for knowingly failing to make such disclosures.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0170

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to disclosure of contaminants prior to the sale of real property.

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

1 New Section; Conveyances and Mortgages of Realty; Disclosure of Contaminants. Amend RSA 477 by inserting after section 4-g the following new section:

477:4-h Disclosure of Contaminants.

I. Prior to the execution of any contract for the purchase and sale of any interest in real property, the seller shall furnish the buyer a written statement disclosing the presence of any contaminants, past or present, that are within the actual knowledge of the seller.

II. Both the buyer and seller shall sign the disclosure statement required by this section.

III. If the seller fails or refuses to provide the disclosure statement prior to the conveyance of the property, the buyer shall have the right to terminate the contract. Any person who knowingly provides false information in the disclosure statement shall be liable to the seller in the amount of actual damages and court costs incurred by the buyer.

IV. No action for violation of this section may be commenced later than one year from the date of the conveyance of the property.

V. Nothing in this section is intended to limit or modify any obligation to disclose that may exist by statute or in common law in order to avoid fraud, misrepresentation, or deceit in the transaction.

VI. In this section:

(a) “Seller” means any individual, partnership, corporation, realty trust, or any other entity that may legally hold real estate in the state of New Hampshire, along with the legal right to transfer, sell, or otherwise convey said real estate.

(b) “Buyer” means any individual, partnership, corporation, realty trust, or any other entity that may legally hold real estate in the state of New Hampshire, along with the legal right to purchase, receive, or otherwise legally obtain and hold said real estate.

(c) “Contaminant” means any substance the Environmental Protection Agency considers a factor in declaring land to be a “brownfield site” as defined by 42 U.S.C. section 9601(39).

2 Effective Date. This act shall take effect January 1, 2010.

Links

HB181 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB181 Revision: 12583 Date: Jan. 12, 2009, midnight

Docket