House File 79 - Introduced HOUSE FILE BY HUNTER, WESSEL=KROESCHELL, WHITAKER, SWAIM, JOCHUM, and D. TAYLOR Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the disclosure of methamphetamine manufacture 2 in real estate installment contracts and real estate 3 transfers. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1771HH 82 6 av/cf/24 PAG LIN 1 1 Section 1. Section 558.70, subsection 1, Code 2007, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. k. Whether, to the seller's knowledge, 1 4 methamphetamine has or has not been manufactured on the 1 5 property. 1 6 Sec. 2. Section 558A.4, subsection 1, Code 2007, is 1 7 amended to read as follows: 1 8 1. The disclosure statement shall include information 1 9 relating to the condition and important characteristics of the 1 10 property and structures located on the property, including 1 11 significant defects in the structural integrity of the 1 12 structure, as provided in rules which shall be adopted by the 1 13 real estate commission pursuant to section 543B.9. The 1 14 disclosure statement shall include whether methamphetamine has 1 15 or has not been manufactured on the property. The disclosure 1 16 statement shall also include whether the property is located 1 17 in a real estate improvement district and the amount of any 1 18 special assessment against the property under chapter 358C. 1 19 The rules may require the disclosure to include information 1 20 relating to the property's zoning classification; the 1 21 condition of plumbing, heating, or electrical systems; or the 1 22 presence of pests. 1 23 EXPLANATION 1 24 This bill relates to the disclosure of whether 1 25 methamphetamine has or has not been manufactured on a property 1 26 prior to transfer of the property. The bill requires a 1 27 contract seller to disclose prior to the execution of a 1 28 residential real estate installment sales contract whether 1 29 methamphetamine has or has not been manufactured on the 1 30 property. A person injured by a failure to make the 1 31 disclosure may bring a civil action for equitable relief to 1 32 rescind the contract or for actual damages. 1 33 The bill requires a person who is transferring real 1 34 property to deliver a written disclosure statement to a person 1 35 interested in being transferred the real property that states 2 1 whether methamphetamine has or has not been manufactured on 2 2 the property. A person injured by a failure to make the 2 3 disclosure may bring a civil action to recover actual damages. 2 4 LSB 1771HH 82 2 5 av:nh/cf/24