A disclosure report for sellers of vacant land

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, with certain exceptions, owners selling certain residential real property must give prospective buyers a form, known as the real estate condition report, on which the owner discloses certain conditions of the real property of which the owner is aware. The property to which the report applies is property that includes one to four dwelling units and that has been inhabited. A dwelling unit is defined as a structure or part of a structure that is used as a home or residence or sleeping place by one person or by two or more persons maintaining a common household. The report must be given to a prospective buyer no later than ten days after the seller has accepted an offer to purchase, creating a contract of sale. A prospective buyer may rescind a contract of sale if he or she does not receive a report within the specified time or if he or she timely receives a report but it is incomplete or discloses a defect of which the buyer was not aware.

This bill creates a vacant land disclosure report, similar to the real estate condition report, on which the owner of the property must disclose certain conditions of the property of which the owner is aware. For example, the owner must disclose whether he or she is aware of underground storage tanks on the property; of any planned public improvements that may result in special assessments; of any significant odor, noise, water intrusion, or other irritants coming from neighboring property; of any burial sites or archeological artifacts on the property; of whether the property is connected to electricity, cable, municipal water and sewer, telephone service, or natural gas; or of whether the land is in a certified farmland preservation zoning district or subject to a farmland preservation agreement. The property to which the vacant land disclosure report applies is property that does not include any buildings. The provisions in current law that apply to the real estate condition report regarding the timing for providing a report and rescinding a contract of sale on the basis of not receiving a report on time or receiving an incomplete report or a report that discloses a defect also apply to the new vacant land disclosure report.

Who's behind it

3 senators are its authors⁠. All 3 are Republicans.

10 more lawmakers signed on in support⁠.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment SA1-SB136
• LC Amendment Memo