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