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H0585......................................................by STATE AFFAIRS
REAL PROPERTY - Amends existing law relating to real property to provide
that certain disclosure items shall be conspicuous, in a bold font and in a
size which is greater than the other disclosures contained in the
disclosure form or alternative form.
02/29 House intro - 1st rdg - to printing
03/03 Rpt prt - to Bus
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wood(27), Wood(35),
Mr. Speaker
NAYS -- None
Absent and excused -- Henbest, Wills
Floor Sponsor - Killen
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 585 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO A DISCLOSURE FORM FOR THE SALE OF REAL PROPERTY; AMENDING SECTION 3 55-2508, IDAHO CODE, TO PROVIDE THAT CERTAIN DISCLOSURE ITEMS SHALL BE 4 CONSPICUOUS, IN A BOLD FONT AND IN A SIZE WHICH IS GREATER THAN THE OTHER 5 DISCLOSURES CONTAINED WITHIN THE DISCLOSURE FORM OR ALTERNATIVE FORM. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 55-2508, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of 10 this article pertaining to the property proposed to be transferred are set 11 forth in and shall be made on a copy of the following disclosure form or an 12 alternative form as provided in section 55-2506, Idaho Code:. Disclosure items 13 1, 2 and 3 in the following disclosure form or such alternative form shall be 14 conspicuous, in a bold font, and in a size which is greater than the other 15 disclosures contained within such disclosure form or such alternative form. 16 SELLER PROPERTY DISCLOSURE FORM 17 SELLER'S NAME AND ADDRESS: ................................................... 18 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real 19 property to complete a property condition disclosure form. 20 PURPOSE OF STATEMENT: This is a statement of the conditions and informa- 21 tion concerning the property known by the Seller. Unless otherwise advised, 22 the Seller does not possess any expertise in construction, architectural, 23 engineering or any other specific areas related to the construction or condi- 24 tion of the improvements on the property. Other than having lived at or owning 25 the property, the Seller possesses no greater knowledge than that which could 26 be obtained upon a careful inspection of the property by the potential buyer. 27 Unless otherwise advised, the Seller has not conducted any inspection of gen- 28 erally inaccessible areas such as the foundation or roof. It is not a warranty 29 of any kind by the Seller or by any agent representing any Seller in this 30 transaction. It is not a substitute for any inspections. Purchaser is encour- 31 aged to obtain his/her own professional inspections. Notwithstanding that 32 transfer of newly constructed residential real property that previously has 33 not been inhabited is exempt from disclosure pursuant to section 55-2505, 34 Idaho Code, Sellers of such newly constructed residential real property shall 35 disclose information regarding annexation and city services in the form as 36 prescribed in questions 1., 2. and 3. 37 1. Is the property located in an area of city impact, adjacent or contiguous 38 to a city limits, and thus legally subject to annexation by the city? .... Yes 39 .... No 40 2. Does the property, if not within city limits, receive any city services, 41 thus making it legally subject to annexation by the city? .... Yes .... No 42 3. Does the property have a written consent to annex recorded in the county 2 1 recorder's office, thus making it legally subject to annexation by the city? 2 .... Yes .... No 3 4. All appliances and service systems included in the sale, (such as 4 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac- 5 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish, 6 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.) 7 are functioning properly except: (please list and explain) ................... 8 .............................................................................. 9 5. Specify problems with the following: 10 Basement water ........................................................... 11 Foundation ............................................................... 12 Roof condition and age ................................................... 13 Well (type) ...................... problem ............................... 14 Septic system (type) ............. problem ............................... 15 Plumbing ................................................................. 16 Drainage ................................................................. 17 Electrical ............................................................... 18 Heating .................................................................. 19 6. Describe any conditions that may affect your ability to clear title (such 20 as encroachments, easements, zoning violations, lot line disputes, etc.): .... 21 .............................................................................. 22 7. Are you aware of any hazardous materials or pest infestations on the prop- 23 erty? ........................................................................ 24 8. Have any substantial additions or alterations been made without a building 25 permit? ...................................................................... 26 9. Any other problems, including legal, physical or other not listed above 27 that you know concerning the property: ....................................... 28 The Seller certifies that the information herein is true and correct to 29 the best of Seller's knowledge as of the date signed by the Seller. The Seller 30 is familiar with the residential real property and each act performed in mak- 31 ing a disclosure of an item of information is made and performed in good 32 faith. 33 I/we acknowledge receipt of a copy of this statement. 34 Seller: Buyer: 35 ........................ ......................... 36 Date: .................. Date: ................... 37 ........................ ......................... 38 Date: .................. Date: ...................
STATEMENT OF PURPOSE
RS 17985
This bill is an implementation of one of the recommendations
originating with the Interim Joint Land-Use Study Group. By hi-
lighting provisions already in the Property Disclosure Form, it
emphasizes to those purchasing residential properties the status
of the property relative to the annexation criteria presently in
the law. The rationale was that informed decisions generally
lead to better decisions. Purchasers would better appreciate
their annexation prospects before they close the deal.
FISCAL NOTE
None.
Contact
Name: Representative Bill Killen
Representative Clifford Bayer
Senator Stan Bastian
Phone: 345-2956
STATEMENT OF PURPOSE/FISCAL NOTE H 585