Text: HSB00547                          Text: HSB00549
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 548

Bill Text

PAG LIN
  1  1    Section 1.  Section 558A.4, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3.  In the case of a transfer made
  1  4 pursuant to a real estate contract and the transferor made
  1  5 more than four transfers by real estate contract in the
  1  6 previous calendar year, the disclosure statement shall be
  1  7 printed in not less than sixteen point type and shall be a
  1  8 separate document from the real estate contract.
  1  9    Sec. 2.  Section 558A.8, Code 2001, is amended to read as
  1 10 follows:
  1 11    558A.8  VALIDITY OF A TRANSFER.
  1 12    A Except as otherwise provided in section 558A.10, a
  1 13 transfer under this chapter shall not be invalidated solely
  1 14 because of a failure of a person to comply with a provision of
  1 15 this chapter.
  1 16    Sec. 3.  NEW SECTION.  558A.9  REQUIRED INFORMATION FOR
  1 17 CERTAIN TRANSFERS.
  1 18    In addition to the information required under section
  1 19 558A.4 or under rules adopted by the real estate commission, a
  1 20 transferor who transferred real estate by real estate contract
  1 21 more than four times in the previous calendar year shall
  1 22 provide the following on the disclosure statement:
  1 23    1.  A specific listing of warranted items included in the
  1 24 real estate contract.
  1 25    2.  A specific listing of any outstanding liens, mortgages,
  1 26 special assessments, or delinquent taxes on the property and
  1 27 the approximate value, balance, or amount of each.
  1 28    3.  The following statement:  "I, the buyer, am aware that
  1 29 I have the right to have this disclosure statement and the
  1 30 real estate contract reviewed by an attorney, that I have the
  1 31 right to request or secure an inspection of the property, and
  1 32 that I have the right to request or secure an appraisal of the
  1 33 property."
  1 34    4.  A notice stating that the transferee may rescind the
  1 35 real estate contract within one hundred eighty days of the
  2  1 date the contract was signed by both parties because of a
  2  2 structural defect or repair noted on the disclosure statement
  2  3 if, at the time the contract is signed by both parties, the
  2  4 transferee demands that the structural defect be remedied or
  2  5 cured or the repair be made and the transferor has not
  2  6 remedied or cured the structural defect or made the repair
  2  7 within thirty days of the date the contract is signed by both
  2  8 parties.
  2  9    Sec. 4.  NEW SECTION.  RECISION OF CERTAIN REAL ESTATE
  2 10 CONTRACTS.
  2 11    A transferee under a real estate contract may demand of a
  2 12 transferor subject to the additional disclosure requirements
  2 13 of section 558A.9, at the time the contract is signed by both
  2 14 parties, that a structural defect noted on the disclosure
  2 15 statement be remedied or cured or that a repair noted on such
  2 16 statement be made no later than thirty days after the contract
  2 17 is signed by both parties.  A transferee may rescind a real
  2 18 estate contract if the transferor under the contract fails to
  2 19 remedy or cure a structural defect or make a repair noted on
  2 20 the disclosure statement within thirty days of the date the
  2 21 contract was signed by both parties.  The transferee must
  2 22 rescind the contract no later than one hundred eighty days
  2 23 after the contract is signed by both parties.  
  2 24                           EXPLANATION
  2 25    This bill amends the Code chapter on real estate
  2 26 disclosures to provide for additional disclosure requirements
  2 27 for a person transferring real estate by contract if in the
  2 28 previous calendar year the person was the transferor in more
  2 29 than four real estate contracts.  The bill requires such a
  2 30 transferor to prepare the disclosure statement in not less
  2 31 than 16 point type.  The bill also requires such a transferor
  2 32 is to indicate on the disclosure statement the items covered
  2 33 by the real estate contract that have warranties; information
  2 34 on any liens, mortgages, special assessments, or delinquent
  2 35 property taxes on the property; a statement that the buyer is
  3  1 aware the buyer may have the contract or the disclosure
  3  2 statement reviewed by an attorney and may have the property
  3  3 inspected and appraised; and a notice that the buyer may
  3  4 rescind the contract within 180 days of its signing if a
  3  5 structural defect noted on the disclosure statement is not
  3  6 remedied or cured or a repair noted on the disclosure
  3  7 statement is not made within 30 days of the signing of the
  3  8 contract if the buyer demands, at the time the contract is
  3  9 signed, that the defect be remedied or cured or the repair
  3 10 made.  
  3 11 LSB 5025YC 79
  3 12 sc/sh/8
     

Text: HSB00547                          Text: HSB00549
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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