2001 Legislation
Print Friendly

SENATE BILL NO. 1041 – Real property sale, noxious weeds

SENATE BILL NO. 1041

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1041...............................................by AGRICULTURAL AFFAIRS
REAL PROPERTY - SALE - Amends existing law to require that sellers disclose
the known presence of noxious weeds on real property.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Agric Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1041
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REAL ESTATE TRANSACTIONS; AMENDING SECTION 55-2508, IDAHO CODE, TO
  3        REQUIRE THAT SELLERS DISCLOSE THE KNOWN PRESENCE OF NOXIOUS WEEDS ON PROP-
  4        ERTY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 55-2508, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        55-2508.  DISCLOSURE  FORM.  The disclosures required by the provisions of
  9    this article pertaining to the property proposed to  be  transferred  are  set
 10    forth  in  and  shall be made on a copy of the following disclosure form or an
 11    alternative form as provided in section 55-2506, Idaho Code:
                                                                        
 12                           SELLER PROPERTY DISCLOSURE FORM
 13    SELLER'S NAME AND ADDRESS: ...................................................
 14        Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
 15    property to complete a property condition disclosure form.
 16        PURPOSE OF STATEMENT: This is a statement of the conditions  and  informa-
 17    tion  concerning  the  property known by the Seller. Unless otherwise advised,
 18    the Seller does not possess  any  expertise  in  construction,  architectural,
 19    engineering  or any other specific areas related to the construction or condi-
 20    tion of the improvements on the property. Other than having lived at or owning
 21    the property, the Seller possesses no greater knowledge than that which  could
 22    be  obtained upon a careful inspection of the property by the potential buyer.
 23    Unless otherwise advised, the Seller has not conducted any inspection of  gen-
 24    erally inaccessible areas such as the foundation or roof. It is not a warranty
 25    of  any  kind  by  the  Seller or by any agent representing any Seller in this
 26    transaction. It is not a substitute for any inspections. Purchaser is  encour-
 27    aged to obtain his/her own professional inspections.
 28    1.  All  appliances  and  service  systems  included  in  the  sale,  (such as
 29    refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
 30    uum, microwave  oven,  trash  compactor,  smoke  detectors,  tv  antenna/dish,
 31    fireplace/wood  stove,  water  heater, garage door opener, pool/hot tub, etc.)
 32    are functioning properly except: (please list and explain) ...................
 33    ..............................................................................
 34    ..............................................................................
 35    2.  Specify problems with the following:
 36        Basement water ...........................................................
 37        Foundation ...............................................................
 38        Roof condition and age ...................................................
 39        Well (type) ...................... problem ...............................
 40        Septic system (type) ............. problem ...............................
 41        Plumbing .................................................................
 42        Drainage .................................................................
                                                                        
                                           2
                                                                        
  1        Electrical ...............................................................
  2        Heating ..................................................................
  3    3.  Describe any conditions that may affect your ability to clear title  (such
  4    as encroachments, easements, zoning violations, lot line disputes, etc.): ....
  5    ..............................................................................
  6    4.  Are you aware of any hazardous materials or pest infestations on the prop-
  7    erty? ........................................................................
  8    5.  Are  you aware of the presence of any noxious weeds, as defined in section
  9    22-2402, Idaho Code, on the property? ........................................
 10    6.  Have any substantial additions or alterations been made without a building
 11    permit? ......................................................................
 12    67.  Any other problems, including legal, physical or other not  listed  above
 13    that you know concerning the property: .......................................
 14        The  Seller  certifies  that the information herein is true and correct to
 15    the best of Seller's knowledge as of the date signed by the Seller. The Seller
 16    is familiar with the residential real property and each act performed in  mak-
 17    ing  a  disclosure  of  an  item  of information is made and performed in good
 18    faith.
 19        I/we acknowledge receipt of a copy of this statement.
 20    Seller:                                  Buyer:
 21    ........................                 .........................
 22    Date: ..................                 Date: ...................
                                                                        
 23     .......................                 .........................
 24    Date: ..................                 Date: ...................

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10676
                                
This measure will help in the fight against noxious weeds by
informing the buyer in a real estate transaction of the type and nature
of the weeds located on real property.




                           FISCAL IMPACT
         No Fiscal Impact.
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
Contact
       Name:    Sen. Clint Stennett
       Phone:   (208)332-1351







STATEMENT OF PURPOSE/FISCAL NOTE                           S 104