Submitted to the Environment Committee on

March 10, 2008

By
Tim Calnen
Vice President of Government Affairs

Over the years the Connecticut Association of REALTORS® has supported legislation placing as much information as possible in the hands of purchasers to assist them in making informed buying decisions.

We appreciate that advocates of this bill have made revisions to a similar proposal they promoted last year. Still, after review by the Association's legislative committee (comprised of both residential and commercial practitioners ) the drawbacks were considered significant.

Some felt the 300 foot boundary controlling the disclosure process was arbitrary. We understand it's related to an EPA vapor standard, but other "environmental hazards" at greater distances can pose risks to home purchasers-such as migrating plumes of contaminated water. Likewise, the 8 categories of hazards omit many other potential sources, such as power production facilities, abandoned mines, and airports.

In fact, these limitations and ambiguities may not be obvious to many consumers, possibly lulling them into a false sense of security with the new form.

Contrast this with present law. Section 20-327b already mandates a comprehensive notification of on-site property conditions by sellers . And Public Act 02-122 establishes a process for buyers to investigate certain off-site hazardous waste facilities.

HB 5874 in actuality imposes a new mandate for the parties in already heavily complicated real estate transactions. Sellers are required to provide the new statement at least 14 days before the sale unless the buyer "waives " the requirement in writing. The home inspection industry is quite capable of providing these kinds of investigations now, without a new law being passed.

In summary, we ask the Environment Committee to box the bill.