Key Takeaways
- Connecticut requires sellers to provide a Residential Property Condition Disclosure Report
- The disclosure covers 47 categories of property conditions
- Sellers must disclose known defects; they are not required to investigate
- If seller fails to provide disclosure, buyer may receive a \$300 credit at closing
- Lead-based paint disclosure is required for pre-1978 homes (federal law)
Connecticut Property Disclosures
Connecticut requires sellers of residential property to provide detailed disclosures about property conditions.
Residential Property Condition Disclosure Report
Connecticut law requires sellers to provide a Residential Property Condition Disclosure Report to buyers.
What is Covered
The disclosure covers 47 categories of property conditions, including:
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | Plumbing, electrical, HVAC, septic |
| Environmental | Lead paint, radon, underground tanks |
| Water | Well, water quality, flooding history |
| Pest | Termites, wood-destroying insects |
| Legal | Easements, encroachments, zoning |
Seller's Obligation
| Requirement | Details |
|---|---|
| Disclose known conditions | Yes |
| Investigate unknown conditions | No |
| Update if conditions change | Yes |
| Provide before contract | Preferred |
Key Point: Sellers must disclose what they know. They are not required to hire inspectors or investigate unknown conditions.
Disclosure Timing
When to Provide
| Timing | Recommendation |
|---|---|
| Ideal | Before signing purchase contract |
| Required | Before closing |
| Updates | If conditions change |
Failure to Provide Disclosure
If the seller fails to provide the disclosure:
| Consequence | Details |
|---|---|
| Buyer credit | $300 credit at closing |
| Liability | Seller remains liable for known defects |
| Rescission | Buyer may have grounds to cancel |
Specific Disclosure Requirements
Lead-Based Paint Disclosure (Federal)
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Important: Lead-based paint disclosure is REQUIRED by federal law, not just Connecticut law.
Radon Disclosure
Connecticut requires disclosure of:
- Known radon test results
- Any radon mitigation systems installed
- Information about radon risks
Underground Storage Tanks
Sellers must disclose:
- Known underground storage tanks
- Previous removal of tanks
- Any contamination issues
Wetlands and Flood Zones
| Disclosure | Requirement |
|---|---|
| Known wetlands | Must disclose |
| Flood zone status | Must disclose if known |
| Prior flooding | Must disclose if known |
What is NOT Required to Disclose
Connecticut does not require disclosure of:
| Not Required | Reason |
|---|---|
| Deaths on property | Not considered material |
| Alleged hauntings | Psychological stigma |
| HIV/AIDS status | Protected under fair housing |
| Nearby sex offenders | Public record—no duty |
Exception: If directly asked, licensees should respond honestly.
Licensee Responsibilities
Agent Disclosure Duties
| Duty | Description |
|---|---|
| Cannot represent | Agent cannot make representations about condition |
| Recommend inspection | Should recommend professional inspection |
| Known defects | Must disclose known material defects |
| Review disclosure | Should review with client |
Best Practice: Always recommend that buyers obtain independent home inspections.
What happens if a Connecticut seller fails to provide the Residential Property Condition Disclosure Report?
How many categories of property conditions are covered in Connecticut's Residential Property Condition Disclosure Report?
Under Connecticut law, which of the following MUST a seller disclose?