Text: SSB03126                          Text: SSB03128
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3127

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  558.70  CONTRACT DISCLOSURE
  1  2 STATEMENT REQUIRED FOR CERTAIN RESIDENTIAL REAL ESTATE
  1  3 INSTALLMENT SALES.
  1  4    1.  Prior to executing a residential real estate
  1  5 installment sales contract, the contract seller shall deliver
  1  6 a written contract disclosure statement to the contract
  1  7 purchaser which shall clearly set forth the following
  1  8 information:
  1  9    a.  If the real estate subject to the contract has been
  1 10 separately assessed for property tax purposes, the current
  1 11 assessed value of the real estate.
  1 12    b.  (1)  A complete description of any property taxes due
  1 13 and payable on the real estate and a complete description of
  1 14 any special assessment on the real estate and the term of the
  1 15 assessment.
  1 16    (2)  Information on whether any property taxes or special
  1 17 assessments are delinquent and whether any tax sale
  1 18 certificates have been issued for delinquent property taxes or
  1 19 special assessment on the real estate.
  1 20    c.  A complete description of any mortgages or other liens
  1 21 encumbering or secured by the real estate, including the
  1 22 identity and address of the current owner of record with
  1 23 respect to each such mortgage or lien, as well as a
  1 24 description of the total outstanding balance and due date
  1 25 under any such mortgage or lien.
  1 26    d.  A complete amortization schedule for all payments to be
  1 27 made pursuant to the contract, which amortization schedule
  1 28 shall include information on the portion of each payment to be
  1 29 applied to principal and the portion to be applied to
  1 30 interest.
  1 31    e.  If the contract requires a balloon payment, a complete
  1 32 description of the balloon payment, including the date the
  1 33 payment is due, the amount of the balloon payment, and other
  1 34 terms related to the balloon payment.  For purposes of this
  1 35 paragraph, a "balloon payment" is any scheduled payment that
  2  1 is more than twice as large as the average of earlier
  2  2 scheduled payments.
  2  3    f.  The annual rate of interest to be charged under the
  2  4 contract.
  2  5    g.  A statement that the purchaser has a right to seek
  2  6 independent legal counsel concerning the contract and any
  2  7 matters pertaining to the contract.
  2  8    h.  A statement that the purchaser has a right to receive a
  2  9 true and complete copy of the contract after it has been
  2 10 executed by all parties to the contract.
  2 11    i.  The mailing address of each party to the contract.
  2 12    j.  If the contract is subject to forfeiture, a statement
  2 13 that if the purchaser does not comply with the terms of the
  2 14 contract, the purchaser may lose all rights in the real estate
  2 15 and all sums paid under the contract.
  2 16    2.  The contract disclosure statement shall be dated and
  2 17 signed by each party to the contract.
  2 18    3.  Within five days after a residential real estate
  2 19 installment sales contract has been executed by all parties to
  2 20 the contract, the contract seller shall mail a true and
  2 21 correct copy of the contract by regular first class mail to
  2 22 the last known address of each contract purchaser.  However,
  2 23 this requirement is satisfied as to any purchaser who
  2 24 acknowledges in writing that the purchaser has received a true
  2 25 and correct copy of the fully executed contract.
  2 26    4.  This section applies to a contract seller who entered
  2 27 into four or more residential real estate contracts in the
  2 28 previous calendar year.  For purposes of this subsection, two
  2 29 or more entities sharing a common owner or manager are
  2 30 considered a single contract seller.
  2 31    5.  A violation of this section affects title to property
  2 32 only as provided in section 558.72.
  2 33    6.  For purposes of this section, "residential real estate"
  2 34 means a residential dwelling containing no more than two
  2 35 single-family dwelling units, which is not located on a tract
  3  1 of land used for agricultural purposes as defined in section
  3  2 535.13.
  3  3    7.  The attorney general may adopt rules necessary to
  3  4 administer this section.
  3  5    8.  This section and any rules adopted to administer this
  3  6 section shall not limit or abridge any duty, requirement,
  3  7 obligation, or liability for disclosure created by any other
  3  8 provision of law, or under a contract between the parties.
  3  9    Sec. 2.  NEW SECTION.  558.71  PENALTY.
  3 10    A contract seller who intentionally provides inaccurate
  3 11 information with regard to any matter required to be disclosed
  3 12 under section 558.70, subsection 1, or who fails to exercise
  3 13 reasonable care in determining the accuracy of such
  3 14 information is guilty of a fraudulent practice in the fifth
  3 15 degree regardless of the value of the real estate subject to
  3 16 the contract.
  3 17    Sec. 3.  NEW SECTION.  558.72  CIVIL LIABILITIES.
  3 18    1.  A contract purchaser injured by a violation of section
  3 19 558.70 may within one year of the execution of the contract
  3 20 bring an equitable action in the district court of record
  3 21 where the real estate is located to obtain relief as follows:
  3 22    a.  The court may rescind a contract that remains in
  3 23 existence at the time the action is commenced, and award
  3 24 restitution to the contract purchaser determined in accordance
  3 25 with the standards for damages specified in paragraph "b".
  3 26    b.  If the contract has been terminated by any means prior
  3 27 to commencement of the action, the contract purchaser may
  3 28 recover a money judgment against the original contract seller
  3 29 for a sum equal to all amounts the contract purchaser paid to
  3 30 the contract seller, plus the reasonable value of any
  3 31 improvements to the real estate made by the contract
  3 32 purchaser, plus any other proximately caused or incidental
  3 33 damages, less the fair rental value of the real estate for the
  3 34 period of time the contract purchaser was in possession of the
  3 35 real estate.
  4  1    2.  A contract purchaser alleging a violation of section
  4  2 558.70 bears the burden of establishing such violation by a
  4  3 preponderance of the evidence.
  4  4    3.  An order of recision or a money judgment awarded shall
  4  5 not affect any rights or responsibilities arising from any
  4  6 conveyance or encumbrance made by either the contract
  4  7 purchaser or the contract seller prior to the filing of a lis
  4  8 pendens in the action in which such relief is sought, unless
  4  9 it is established by clear and convincing evidence that the
  4 10 recipient of such conveyance or encumbrance had prior
  4 11 knowledge that the contract was executed in violation of the
  4 12 requirements of section 558.70.
  4 13    4.  In an action in which a contract purchaser obtains
  4 14 relief under this section, the court shall also award to such
  4 15 contract purchaser reasonable attorney fees incurred in
  4 16 bringing the action.
  4 17    Sec. 4.  Section 558.46, Code 2001, is amended by adding
  4 18 the following new subsection:
  4 19    NEW SUBSECTION.  7.  If a contract seller is subject to the
  4 20 requirements of section 558.70, the contract must be recorded
  4 21 within forty-five days rather than one hundred eighty days and
  4 22 the recording requirement is only satisfied by recording the
  4 23 real estate contract rather than a memorandum of the contract.
  4 24    Sec. 5.  Section 558A.4, Code 2001, is amended by adding
  4 25 the following new subsection:
  4 26    NEW SUBSECTION.  3.  A transferor subject to the
  4 27 requirements of section 558.70 shall provide a report or
  4 28 opinion under subsection 2, if the transferor does not have
  4 29 sufficient knowledge to provide full and complete information
  4 30 about any matter or circumstance required to be disclosed by
  4 31 this chapter.
  4 32    Sec. 6.  APPLICABILITY DATE.  This Act applies to
  4 33 residential real estate installment sales contracts entered
  4 34 into on or after the effective date of this Act.  
  4 35                           EXPLANATION
  5  1    This bill requires that a person selling real estate
  5  2 pursuant to an installment sales contract prepare and deliver
  5  3 to the contract purchaser a written contract disclosure
  5  4 statement.  The contract disclosure statement is required if
  5  5 the contract seller entered into more than four real estate
  5  6 installment sales contracts in the previous calendar year.
  5  7    The bill requires that the contract disclosure statement
  5  8 contain specified information, including the property tax
  5  9 assessment on the real estate, information on delinquent
  5 10 property taxes or special assessments, information on
  5 11 mortgages or liens on the real estate, an amortization
  5 12 schedule, balloon payment information, the annual rate of
  5 13 interest to be charged under the contract, statements as to
  5 14 the purchaser's rights, mailing addresses of the parties to
  5 15 the contract, and information on forfeiture of the contract.
  5 16    The bill defines residential real estate as a residential
  5 17 dwelling containing no more than two single-family dwelling
  5 18 units which is not located on agricultural land.
  5 19    The bill provides that the attorney general may adopt rules
  5 20 pertaining to the contract disclosure statement requirement.
  5 21    The bill provides that a contract seller who intentionally
  5 22 provides inaccurate information on the disclosure statement or
  5 23 who fails to use reasonable care in determining the accuracy
  5 24 of information required on the disclosure statement is guilty
  5 25 of a fraudulent practice in the fifth degree regardless of the
  5 26 value of the real estate.  A fraudulent practice in the fifth
  5 27 degree is a simple misdemeanor.
  5 28    The bill provides that the civil remedies for violation of
  5 29 the contract disclosure requirements is recision of the
  5 30 installment sales contract or recovery of a money judgment
  5 31 against the contract seller.  The contract purchaser has the
  5 32 burden of proof by a preponderance of the evidence.  If a
  5 33 contract purchaser prevails in an action for recision or for a
  5 34 money judgment, the court may also award to the contract
  5 35 purchaser reasonable attorney fees incurred in bringing the
  6  1 action.
  6  2    The bill requires a transferor who is required to provide a
  6  3 contract disclosure statement to provide a written report or
  6  4 opinion on any information required to be disclosed on a
  6  5 property disclosure statement under Code chapter 558A if the
  6  6 transferor does not have sufficient knowledge to provide the
  6  7 full and complete information.
  6  8    The bill applies to residential real estate installment
  6  9 sales contracts entered into on or after the effective date of
  6 10 the bill.  
  6 11 LSB 6117SC 79
  6 12 sc/pj/5
     

Text: SSB03126                          Text: SSB03128
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 14 03:30:41 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03127/020213.html
jhf