Senate
File
2053
-
Introduced
SENATE
FILE
2053
BY
CHELGREN
A
BILL
FOR
An
Act
requiring
real
estate
disclosure
statements
to
give
1
notice
of
topsoil
removal
and
the
use
of
property
for
2
the
manufacture
of
methamphetamine
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
558A.4,
subsection
1,
Code
2018,
is
1
amended
by
adding
the
following
new
paragraphs:
2
NEW
PARAGRAPH
.
0b.
The
disclosure
statement
shall
indicate
3
whether
topsoil
has
been
removed
from
any
part
of
the
property
4
during
the
last
twenty
years,
as
provided
in
rules
which
shall
5
be
adopted
by
the
real
estate
commission
pursuant
to
section
6
543B.9.
However,
information
relating
to
topsoil
removal
shall
7
not
be
required
in
a
disclosure
statement
for
the
transfer
of
8
agricultural
land
as
defined
in
section
6A.21.
For
purposes
of
9
this
paragraph,
“topsoil”
means
the
natural
medium
located
at
10
the
land
surface
with
favorable
characteristics
for
the
growth
11
of
vegetation.
12
NEW
PARAGRAPH
.
00b.
The
disclosure
statement
shall
include
13
information
relating
to
whether
the
real
property
has
been
used
14
for
the
manufacture
of
methamphetamine,
its
salts,
isomers,
or
15
salts
of
isomers,
as
provided
in
rules
which
shall
be
adopted
16
by
the
real
estate
commission
pursuant
to
section
543B.9.
If
17
the
disclosure
statement
indicates
that
the
real
property
18
has
been
used
for
the
manufacture
of
any
such
substance,
the
19
transferor
shall
provide
informational
materials
explaining
20
the
health
risks
associated
with
contaminated
real
property
21
along
with
the
disclosure
statement.
The
commission
shall
22
consult
with
the
department
of
public
health
to
develop
such
23
informational
materials.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
Pursuant
to
current
Code
chapter
558A,
a
person
interested
28
in
transferring
real
property
must
deliver
a
written
disclosure
29
statement
to
a
person
interested
in
being
transferred
the
real
30
property.
Current
law
requires
the
disclosure
statement
to
31
include
information
relating
to
the
condition
and
important
32
characteristics
of
the
property.
33
This
bill
requires
that
the
disclosure
statement
indicate
34
whether
topsoil,
as
defined
in
the
bill,
has
been
removed
from
35
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2053
the
property
in
the
last
20
years.
The
bill
exempts
disclosure
1
statements
prepared
for
the
transfer
of
agricultural
land
from
2
the
requirement.
3
The
bill
requires
that
the
transferor
of
real
property
4
disclose
whether
the
property
has
been
used
for
the
manufacture
5
of
methamphetamine.
The
bill
also
requires
that
the
transferor
6
provide
informational
materials
on
the
health
risks
associated
7
with
contaminated
real
property
along
with
the
disclosure
8
statement
if
the
disclosure
statement
indicates
that
the
real
9
property
has
been
used
for
the
manufacture
of
methamphetamine.
10
The
bill
requires
the
real
estate
commission
to
consult
with
11
the
department
of
public
health
to
develop
the
informational
12
materials.
13
Pursuant
to
Code
section
558A.6,
a
transferor
of
real
14
property
who
violates
the
disclosure
statement
requirements
15
shall
be
liable
for
the
amount
of
actual
damages
suffered
by
16
the
transferee,
unless
the
transferor
had
no
actual
knowledge
17
of
the
inaccuracy
or
exercised
ordinary
care
in
obtaining
18
the
information.
In
addition,
Code
section
714.8
provides
19
that
a
contract
seller
who
intentionally
provides
inaccurate
20
information
on
a
disclosure
statement
is
guilty
of
a
fraudulent
21
practice.
22
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