§ 5-20.8-2. Disclosure requirements.
(a) As soon as practicable, but in any event no later than prior to signing any agreement
to transfer real estate, the seller of the real estate shall deliver a written disclosure
to the buyer and to each agent with whom the seller knows he or she or the buyer has
dealt in connection with the real estate. The written disclosure shall comply with
the requirements set forth in subsection (b) and shall state all deficient conditions
of which the seller has actual knowledge. The agent shall not communicate the offer
of the buyer until the buyer has received a copy of the written disclosure and signed
a written receipt of the disclosure. If the buyer refuses to sign a receipt pursuant
to this section, the seller or agent shall immediately sign and date a written account
of the refusal. The agent is not liable for the accuracy or thoroughness of representations
made by the seller in the written disclosure or for deficient conditions not disclosed
to the agent by the seller.
(b)(1) The Rhode Island real estate commission shall approve a form of written disclosure
for vacant land and a form of written disclosure for the sale of real property and
improvements consisting of a house or building containing one to four (4) dwelling
units as required under this chapter or the seller may use a disclosure form substantially
conforming to the requirements of this section. The following provisions shall appear
conspicuously at the top of any written disclosure form: "Prior to the signing of
an agreement to transfer real estate (vacant land or real property and improvements
consisting of a house or building containing one to four (4) dwelling units), the
seller is providing the buyer with this written disclosure of all deficient conditions
of which the seller has knowledge. This is not a warranty by the seller that no other
defective conditions exist, which there may or may not be. The buyer should estimate
the cost of repair or replacement of deficient conditions prior to submitting an offer
on this real estate. The buyer is advised not to rely solely upon the representation
of the seller made in this disclosure, but to conduct any inspections or investigations
the buyer deems to be necessary to protect his or her best interest.� Nothing contained
in this section shall be construed to impose an affirmative duty on the seller to
conduct inspections as to the condition of this real estate.
(2) The disclosure form for vacant land shall include the following information:
(i) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last Pumped,
Maintenance History, Defects)
"Potential purchasers of real estate in the State of Rhode Island are hereby notified
that many properties in the state are still serviced by cesspools as defined in chapter 19.15 of title 23 (the "Rhode Island Cesspool Act of 2007�). Cesspools are a substandard and inadequate
means of sewage treatment and disposal, and cesspools often contribute to groundwater
and surface water contamination. Requirements for abandonment and replacement of high-risk
cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool's nontreatment of wastewater and the inherent
risks to public health and the environment due to a cesspool's distance from a tidal
water area, or a public drinking water resource. Purchasers should consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements. An inspection of property
served by an on-site sewage system by a qualified professional is recommended prior
to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a ten-day (10) period to conduct an inspection
of a property's sewage system to determine if a cesspool exists, and if so, whether
it will be subject to the phase-out requirements as established in chapter 19.15 of title 23.�
(ii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). "The buyer
understands that this property is, or will be served, by a private water supply (well)
that may be susceptible to contamination and potentially harmful to health. If a public
water supply is not available, the private water supply must be tested in accordance
with regulations established by the Rhode Island department of health pursuant to
§ 23-1-5.3. The seller of that property is required to provide the buyer with a copy of any
previous private water supply (well) testing results in the seller's possession and
notify the buyer of any known problems with the private water supply (well).�
(iii) Property Tax
(iv) Easements and Encroachments — The seller of the real estate is required to provide
the buyer with a copy of any previous surveys of the real estate that are in the seller's
possession and notify the buyer of any known easements, encroachments, covenants,
or restrictions of the seller's real estate. If the seller knows that the real estate
has a conservation easement or other conservation or preservation restriction as defined
in § 34-39-2, the seller is required to disclose that information and provide the buyer with a
copy of any documentation in the seller's possession regarding the conservation and
preservation restrictions. A buyer may wish to have a boundary or other survey independently
performed at the buyer's own expense.
(v) Deed — (Type, Number of Parcels)
(vi) Zoning — (Permitted use, Classification). "Buyers of real estate in the State of Rhode
Island are legally obligated to comply with all local real estate ordinances; including,
but not limited to, ordinances on the number of unrelated persons who may legally
reside in a dwelling, as well as ordinances on the number of dwelling units permitted
under the local zoning ordinances.� If the subject property is located in a historic
district, that fact must be disclosed to the buyer, together with the notification
that "property located in a historic district may be subject to construction, expansion,
or renovation limitations. Contact the local building inspection official for details.�
(vii) Restrictions — (Plat or Other)
(viii) Building Permits
(ix) Flood Plain — (Flood Insurance)
(x) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,
river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer areas may impact future property development. The seller
must disclose to the buyer any such determination on all or part of the land made
by the department of environmental management.
(xi) Hazardous Waste — (Asbestos and Other Contaminants)
(xii) Miscellaneous
(xiii) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the
municipality are protected by the right to farm law.
(3) The disclosure form for the sale of real property and improvements consisting of a
house or building containing one to four (4) dwelling units shall include the following
information:
(i) Seller Occupancy — (Length of Occupancy)
(ii) Year Built
(iii) Basement — (Seepage, Leaks, Cracks, etc. Defects)
(iv) Sump Pump — (Operational, Location, and Defects)
(v) Roof (Layers, Age, and Defects)
(vi) Fireplaces — (Number, Working and Maintenance, Defects)
(vii) Chimney — (Maintenance History, Defects)
(viii) Woodburning Stove — (Installation Date, Permit Received, Defects)
(ix) Structural Conditions — (Defects)
(x) Insulation — (Wall, Ceiling, Floor, UFFI)
(xi) Termites or other Pests — (Treatment Company)
(xii) Radon — (Test, Company). "Radon has been determined to exist in the State of Rhode
Island. Testing for the presence of radon in residential real estate prior to purchase
is advisable.�
(xiii) Electrical Service — (Imp. & Repairs, Electrical Service, Amps, Defects, Modifications)
(xiv) Heating System — (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental Heating,
Defects, Modifications)
(xv) Air Conditioning — (Imp. & Repairs, Type, Defects)
(xvi) Plumbing — (Imp. & Repairs, Defects, Modifications)
(xvii) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last Pumped,
Maintenance History, Defects)
"Potential purchasers of real estate in the state of Rhode Island are hereby notified
that many properties in the state are still serviced by cesspools as defined in Rhode
Island general law chapter 19.15 of title 23 (the Rhode Island Cesspool Act of 2007). Cesspools are a substandard and inadequate
means of sewage treatment and disposal, and cesspools often contribute to groundwater
and surface water contamination. Requirements for abandonment and replacement of high-risk
cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool's nontreatment of wastewater and the inherent
risks to public health and the environment due to a cesspool's distance from a tidal
water area, or a public drinking water resource. Purchasers should consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements. An inspection of property
served by an on-site sewage system by a qualified professional is recommended prior
to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a ten-day (10) period to conduct an inspection
of a property's sewage system to determine if a cesspool exists, and if so, whether
it will be subject to the phase-out requirements as established in chapter 19.15 of title 23.�
(xviii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). "The buyer
understands that this property is, or will be served, by a private water supply (well)
that may be susceptible to contamination and potentially harmful to health. If a public
water supply is not available, the private water supply must be tested in accordance
with regulations established by the Rhode Island department of health pursuant to
§ 23-1-5.3. The seller of that property is required to provide the buyer with a copy of any
previous private water supply (well) testing results in the seller's possession and
notify the buyer of any known problems with the private water supply (well).�
(xix) Domestic Hot Water — (Imp. & Repairs, Type, Defects, Capacity of Tank)
(xx) Property Tax
(xxi) Easements and Encroachments — The seller of the real estate is required to provide
the buyer with a copy of any previous surveys of the real estate that are in the seller's
possession and notify the buyer of any known easements, encroachments, covenants,
or restrictions of the seller's real estate. If the seller knows that the real estate
has a conservation easement or other conservation or preservation restriction as defined
in § 34-39-1, the seller is required to disclose that information and provide the buyer with a
copy of any documentation in the seller's possession regarding the conservation and
preservation restrictions. A buyer may wish to have a boundary or other survey independently
performed at his or her own expense.
(xxii) Deed — (Type, Number of Parcels)
(xxiii) Zoning — (Permitted use, Classification). "Buyers of real estate in the state of Rhode
Island are legally obligated to comply with all local real estate ordinances; including,
but not limited to, ordinances on the number of unrelated persons who may legally
reside in a dwelling, as well as ordinances on the number of dwelling units permitted
under the local zoning ordinances.� If the subject property is located in a historic
district, that fact must be disclosed to the buyer, together with the notification
that "property located in a historic district may be subject to construction, expansion,
or renovation limitations. Contact the local building inspection official for details.�
(xxiv) Restrictions — (Plat or Other)
(xxv) Building Permits
(xxvi) Minimum Housing — (Violations)
(xxvii) Flood Plain — (Flood Insurance)
(xxviii) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,
river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer areas may impact future property development. The seller
must disclose to the buyer any such determination on all or part of the land made
by the department of environmental management.
(xxix) Multi-family or other Rental Property — (Rental Income)
(xxx) Pools & Equipment — (Type, Defects)
(xxxi) Lead Paint — (Inspection) Every buyer of residential real estate built prior to 1978
is hereby notified that those properties may have lead exposures that may place young
children at risk of developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning disabilities, reduced IQ
behavioral problems, and impaired memory. The seller of that property is required
to provide the buyer with a copy of any lead inspection report in the seller's possession
and notify the buyer of any known lead poisoning problem. Environmental lead inspection
is recommended prior to purchase.
(xxxii) Fire
(xxxiii) Hazardous Waste — (Asbestos and Other Contaminants)
(xxxiv) Miscellaneous
(xxxv) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the
municipality are protected by the right to farm law.
(xxxvi) Mold — (Type, repairs, alterations, modifications).
(xxxvii) Ventilation system modifications.
(xxxviii) Moisture penetration and damage.
(c) Any agreement to transfer real estate shall contain an acknowledgement that a completed
real estate disclosure form has been provided to the buyer by the seller in accordance
with the provisions of this section.
(d) The Rhode Island real estate commission has the right to amend the seller disclosure
requirements by adding or deleting requirements when there is a determination that
health, safety, or legal needs require a change. Any change to requirements shall
be a rule change, subject to the administrative procedures act, chapter 35 of title 42. The power of the commission to amend the written disclosure requirements shall be
liberally construed so as to allow additional information to be provided as to the
structural components, housing systems, and other property information as required
by this chapter.
(e) The disclosure form for the sale of vacant land or real property and improvements
in subsections (b)(2) and (b)(3) of this section shall also include the following
information:
"Shoreline Access — Members of the public shall have the right to access shoreline
property as defined in § 5-20.8-1. The public's rights and privileges of the shore may be exercised, where shore exists,
on wet sand or dry sand or rocky beach, up to ten feet (10′) landward of the 'recognizable
high tide line' subject to the restrictions governed by § 46-23-26 and any general laws to the contrary.
The seller of the real estate is required to notify the buyer of any public rights
of way on the real estate that are known to the seller. The seller shall provide the
buyer with a copy of any documentation evidencing such rights of way or conditions
of public access that is in the seller's possession.
The buyer is advised to contact the coastal resources management council, the municipality,
or applicable nonprofit organizations to determine whether any public rights of way
exist.
The seller shall provide the buyer with a copy of any permits relating to the real
estate that were issued by the coastal resources management council and that are in
the seller's possession.�