House File 2169 - Introduced



                                   HOUSE FILE       
                                   BY  PETTENGILL, SWAIM, BERRY,
                                       JACOBY, D. TAYLOR, THOMAS,
                                       HUNTER, WENDT, COHOON, SHOMSHOR,
                                       MERTZ, DAVITT, BUKTA, WHITAKER,
                                       SCHUELLER, PETERSEN, GASKILL,
                                       LENSING, KRESSIG, and HEDDENS


    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 5582HH 81
  6 kk/cf/24

PAG LIN



  1  1    Section 1.  Section 558.70, subsection 1, Code Supplement
  1  2 2005, is 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 2005, 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 5582HH 81
  2  5 kk:nh/cf/24