Section 242. Disclosure prior to the sale of real property  


Latest version.
  • 1. (a) Any
      person, firm, company, partnership or corporation offering to sell  real
      property  to which no utility electric service is provided shall provide
      written notice to  the  prospective  purchaser  or  to  the  prospective
      purchaser's  agent,  clearly  indicating this fact. Such notice shall be
      provided prior to accepting a purchase offer.
        (b) Any prospective or actual purchaser who has suffered a loss due to
      a violation of this section is entitled to recover  any  actual  damages
      incurred from the person offering to sell said real property.
        (c)  The  provisions  of this subdivision shall not apply in instances
      where the real property being  sold  lies  within  the  applicable  free
      footage  allowance  or  service  lateral specified by the public service
      commission in rule, regulation or public utility tariff.
        2. Disclosure prior to the sale of  real  property  to  which  utility
      surcharge payments attach. (a) Any person, firm, company, partnership or
      corporation  offering  to  sell real property against which an electric,
      gas or water utility surcharge is assessed for the purpose of  defraying
      the  costs  associated with an electric, gas or water line extension, or
      for  the  purpose  of  defraying  the  costs  associated  with   related
      facilities, shall provide written notice to the prospective purchaser or
      the prospective purchaser's agent, stating as follows: "This property is
      subject  to  an  electric,  gas  and/or  water  utility  surcharge".  In
      addition, such notice shall also state, the  type  and  purpose  of  the
      surcharge,  the  amount  of  the surcharge and whether such surcharge is
      payable on a monthly, yearly  or  other  basis.  Such  notice  shall  be
      provided by the seller prior to accepting a purchase offer.
        (b) Any prospective or actual purchaser who has suffered a loss due to
      a  violation  of  this  subdivision  is  entitled  to recover any actual
      damages incurred from the person offering to sell or selling  said  real
      property.
        3.  Any  person, firm, company, partnership or corporation offering to
      sell real property on which uncapped natural gas wells are situated, and
      of which such person, firm,  company,  partnership  or  corporation  has
      actual  knowledge,  shall inform any purchaser of the existence of these
      wells prior to entering into a contract for the  sale/purchase  of  such
      property.