HB 5126

House Bill No. 5126
  Public Act No. 26-43
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS
TO STATUTES CONCERNING CONSUMER PROTECTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
   Section 1. Subsection (d) of section 20-327b of the 2026 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
   (d) The Commissioner of Consumer Protection shall, within available
appropriations, prescribe the written residential condition reports
required by this section and sections 20-327c to 20-327e, inclusive. The
written residential condition reports shall be based upon templates that
the commissioner shall prescribe. Such templates shall: Fit on pages
being not more than eight and one-half inches in height and eleven
inches in width, with type size no smaller than nine-point type, other
than checkboxes or section headers, which may be in a smaller size;
include the address of the subject property on each page; include page
numbers on each page; include section headings in bold type and
include space for the buyer and the seller's initials on each page, except
the signature page. Each written residential condition report, other than
the written residential condition report required pursuant to
subsections (g) and (h) of this section, shall contain the following, in the
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order indicated:
  (1) A section entitled "Instructions to Sellers"
  You MUST answer ALL questions to the best of your knowledge.
  Identify/Disclose any problems regarding the subject property.
  YOUR REAL ESTATE LICENSEE CANNOT COMPLETE THIS
FORM ON YOUR BEHALF.
  UNK means Unknown, N/A means Not Applicable.
   If you need additional space to complete any answer or explanation,
attach additional page(s) to this form. Include subject property address,
seller's name and the date.
   (2) Pursuant to the Uniform Property Condition Disclosure Act, the
seller is obligated to answer the following questions and to disclose
herein any knowledge of any problem regarding the following:
  (A) A subsection entitled "Subject Property"
  (i) Name of seller(s)
  (ii) Street address, municipality, zip code
  (B) A subsection entitled "General Information"
  (i) Indicate the YEAR the structure was built:
  (ii) Indicate HOW LONG you have occupied the property: If not
applicable, indicate with N/A.
   (iii) Does anyone else claim to own any part of your property,
including, but not limited to, any encroachment(s)? If YES, explain:
  (iv) Does anyone other than you have or claim to have any right to
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use any part of your property, including, but not limited to, any
easement or right-of-way? If YES, explain:
   (v) Is the property in a flood hazard area or an inland wetlands area?
If YES, explain:
  (vi) Are you aware of the presence of a dam on the property that has
been or is required to be registered with the Department of Energy and
Environmental Protection? If YES, explain:
   (vii) Do you have any reason to believe that the municipality in which
the subject property is located may impose any assessment for purposes
such as sewer installation, sewer improvements, water main
installation, water main improvements, sidewalks or other
improvements? If YES, explain:
   (viii) Is the property located in a municipally designated village
district, municipally designated historic district or listed on the National
Register of Historic Places? If YES, explain:
   (ix) Special Statement: Information concerning village districts and
historic districts may be obtained from the municipality's village or
historic district commission, if applicable.
  (x) Is the property located in a special tax district? If YES, explain:
   (xi) Is the property subject to any type of land use restrictions, other
than those contained within the property's chain of title or that are
necessary to comply with state laws or municipal zoning? If YES,
explain:
   (xii) Is the property located in a common interest community? If YES,
is it subject to any community or association dues or fees? Please
explain:
  (xiii) Do you have any knowledge of prior or pending litigation,
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government agency or administrative actions, orders or liens on the
property related to the release of any hazardous substance? If YES,
explain:
  (C) A subsection entitled "Leased Equipment"
   Does the property include any Leased or Rented Equipment that
would necessitate or obligate either of the following: The assignment or
transfer of the lease or rental agreement(s) to the buyer or the
replacement or substitution of the equipment by the buyer? If YES,
indicate by checking ALL items that apply: PROPANE FUEL TANK;
WATER HEATER; SECURITY ALARM SYSTEM; FIRE ALARM
SYSTEM; SATELLITE DISH ANTENNA; WATER TREATMENT
SYSTEM; SOLAR DEVICES; MAJOR APPLIANCES; OTHER
  (D) A subsection entitled "Mechanical/Utility Systems"
  (i) Heating system problems? If YES, explain. List Fuel Types.
  (ii) Hot water heater Type: Age: Hot water problems? If YES, explain:
  (iii) Is there an underground storage tank? If YES, give AGE of tank
and LOCATION.
   (iv) Are you aware of any problems with the underground storage
tank? If YES, explain:
   (v) During the time you have owned the property, has there ever been
an underground storage tank located on the property? If YES, has it been
removed? If YES, what was the date of removal and what was the name
and address of the person or business who removed such underground
storage tank? Provide any and all written documentation of such
removal within your control or possession by attaching a copy of such
documentation to this form.
  (vi) Air conditioning problems? If YES, explain: Air conditioning
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Type: Central; Window; Other
  (vii) Plumbing system problems? If YES, explain:
  (viii) Electrical System problems? If YES, explain:
  (ix) Electronic security system problems? If YES, explain:
  (x) Are there carbon monoxide or smoke detectors located in a
dwelling on the property? If YES, state the NUMBER of such detectors
and whether there have been problems with such detectors;
  (xi) Fire sprinkler system problems? If YES, explain:
  (E) A subsection entitled "Water System"
  (i) Domestic Water System Type: Public; Private Well; Other
  (ii) If Public Water:
  (I) Is there a separate expense/fee for water usage? If YES, is the
expense/fee for water usage flat or metered? Give the AMOUNT and
explain:
  (II) Are there any UNPAID water charges? If YES, state the amount
unpaid:
  (iii) If Private Well:
  Has the well water been tested for contaminants/volatile organic
compounds? If YES, attach a copy of the report.
   (iv) If Public Water or Private Well: Are you aware of any problems
with the well, or with the water quality, quantity, recovery, or pressure?
If YES, explain:
  (F) A subsection entitled "Sewage Disposal System"
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  (i) Sewage Disposal System Type: Public; Septic; Cesspool; Other
  (ii) If Public Sewer:
  (I) Is there a separate charge made for sewer use? If YES, is it Flat or
Metered?
  (II) If it is a Flat amount, state amount and due dates:
  (III) Are there any UNPAID sewer charges? If any unpaid sewer
charges, state the amount:
  (iii) If Private:
  (I) Name of service company
  (II) Date last pumped: AND frequency:
  (III) For any sewage system, are there problems? If YES, explain:
  (G) A subsection entitled "Asbestos/Lead"
   (i) Are asbestos containing insulation or building materials present?
If YES, location:
  (ii) Is lead paint present? If YES, location:
  (iii) Is lead plumbing present? If YES, location:
  (H) A subsection entitled "Building/Structure/Improvements"
  (i) Is the foundation made of concrete? If NO, explain:
  (ii) Foundation/Slab problems or settling? If YES, explain:
   (iii) Basement Water Seepage/Dampness? If YES, explain Amount,
Frequency and Location:
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  (iv) Sump pump problems? If YES, explain:
   (v) Do you have any knowledge of any testing or inspection done by
a licensed professional related to a foundation on the property? If YES,
disclose the testing or inspection method, the areas or locations that
were tested or inspected, the results of such testing or inspection and
attach a copy of the report concerning such testing or inspection.
   (vi) Do you have any knowledge of any repairs related to a
foundation on the property? If YES, describe such repairs, disclose the
areas repaired and attach a copy of the report concerning such repairs.
   (vii) Do you have any knowledge related to the presence of pyrrhotite
in a foundation on the property? If YES, explain:
  (viii) Roof type; Age?
  (ix) Roof leaks? If YES, explain:
  (x) Exterior siding problems? If YES, explain:
  (xi) Chimney, Fireplace, Wood or Coal Stove problems? If YES,
explain:
  (xii) Patio/deck problems? If YES, explain:
  (xiii) If constructed of Wood, is the Wood Treated or Untreated?
  (xiv) Driveway problems? If YES, explain:
  (xv) Water drainage problems? If YES, explain:
  (xvi) Interior Floor, Wall and/or Ceiling problems? If YES, explain:
  (xvii) Fire and/or Smoke damage? If YES, explain:
  (xviii) Termite, Insect, Rodent or Pest Infestation problems? If YES,
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explain:
  (xix) Rot or Water damage problems? If YES, explain:
  (xx) Is house insulated? If YES, Type: Location:
   (xxi) Has a test for Radon been performed? If YES, attach a copy of
the report.
  (xxii) Is there a Radon Control System in place? If YES, explain:
  (xxiii) Has a Radon control system been in place in the previous 12
months? If YES, explain:
  (I) A subsection entitled "Flood Risk Awareness"
  (i) Is the property located in a Federal Emergency Management
Agency designated floodplain? If YES, which zone:
   (ii) During the time that the seller has owned the property, has the
seller received assistance or is the seller aware of any previous owners
receiving assistance from the Federal Emergency Management Agency,
the United States Small Business Administration or any other federal or
state disaster assistance program for flood damage to the property?
  (iii) Is there a current flood insurance policy in effect on the property?
  (iv) Is a Federal Emergency Management Agency elevation certificate
available?
  (v) Has the seller ever filed a claim for flood damage to the property?
  (vi) If there is a structure on the property, has the structure
experienced any water penetration or damage due to seepage or a
natural flood event?
  (J) The Seller should attach additional pages to further explain any
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item(s) above. Indicate here the number of additional pages attached:
  (K) Questions contained in subparagraphs (A) to (J), inclusive, of this
subdivision shall contain checkboxes indicating "yes", "no", "not
applicable" or "unknown".
   (3) The written residential condition report shall contain the
following immediately below the questions contained in subparagraphs
(A) to [(I)] (J), inclusive, of subdivision (2) of this subsection:
   A certification by the seller in the following form:
   SELLER'S CERTIFICATION
   "To the extent of the seller's knowledge as a property owner, the seller
acknowledges that the information contained above is true and accurate
for those areas of the property listed. In the event a real estate broker or
salesperson is utilized, the seller authorizes the brokers or salespersons
to provide the above information to prospective buyers, selling agents
or buyers' agents.
 .... (Date)  .... (Seller)
 .... (Date)  .... (Seller)"
   (4) The written residential condition report shall contain the
following in a separate section immediately below the seller's
certification:
   IMPORTANT INFORMATION
   (A) RESPONSIBILITIES OF REAL ESTATE BROKERS
   This report in no way relieves a real estate broker of the broker's
obligation under the provisions of section 20-328-5a of the Regulations
of Connecticut State Agencies to disclose any material facts. Failure to
do so could result in punitive action taken against the broker, such as
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fines, suspension or revocation of license.
  (B) STATEMENTS NOT TO CONSTITUTE A WARRANTY
  Any representations made by the seller on the written residential
condition report shall not constitute a warranty to the buyer.
  (C) NATURE OF REPORT
   This Residential Property Condition Report is not a substitute for
inspections, tests and other methods of determining the physical
condition of property.
  (D) INFORMATION ON THE RESIDENCE OF CONVICTED
FELONS
   Information concerning the residence address of a person convicted
of a crime may be available from law enforcement agencies or the
Department of Public Safety.
  (E) BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
   Prospective buyers should consult with the municipal building
official in the municipality in which the property is located to confirm
that building permits and certificates of occupancy have been issued for
work on the property.
  (F) HOME INSPECTION
   Buyers should have the property inspected by a licensed home
inspector.
  (G) CONCRETE FOUNDATION
   Prospective buyers may have a concrete foundation inspected by a
licensed professional engineer who is a structural engineer for
deterioration of the foundation due to the presence of pyrrhotite.
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  (H) DAM
  Information concerning the registration and categorization of a dam
on the property may be obtained from the Department of Energy and
Environmental Protection.
  (I) FLOOD INSURANCE, FLOOD MAPS AND FLOOD RISK
   Federal law requires owners to obtain and maintain flood insurance
for properties financed with a federally regulated or insured mortgage
in a Special Flood Hazard Area, also known as a high-risk zone on
FEMA's flood insurance rate maps. In addition, for properties that have
previously received federal disaster assistance, owners are required to
obtain and maintain flood insurance as a condition to be eligible for
future assistance. This requirement affixes to the property and applies
to all future owners. FEMA flood maps are not designed, nor intended
to be, a reliable tool for buyers to assess a property's flood risk. A
property does not have to be near water or in a flood zone to flood. For
additional information on obtaining important flood insurance, contact
an insurance professional.
  Information concerning the registration and categorization of a dam
on the property may be obtained from the Department of Energy and
Environmental Protection.
   (5) The written residential condition report shall contain the
following immediately below the statements contained in
subparagraphs (A) to [(H)] (I), inclusive, of subdivision (4) of this
subsection:
  A certification by the buyer in the following form:
  BUYER'S CERTIFICATION
  "The buyer is urged to carefully inspect the property and, if desired,
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to have the property inspected by an expert. The buyer understands that
there are areas of the property for which the seller has no knowledge
and that this report does not encompass those areas. The buyer also
acknowledges that the buyer has read and received a signed copy of this
report from the seller or seller's agent.
.... (Date)  .... (Buyer)
.... (Date)  .... (Buyer)"
   Sec. 2. Section 20-673 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
   Upon receipt of a completed application and fee, the Commissioner
of Consumer Protection shall issue and deliver to the applicant a
certificate to engage in the business for which the application was made;
or refuse to issue the certificate. The commissioner may suspend, revoke
or refuse to issue or renew any certificate issued under sections 20-670
to [20-680] 20-686, inclusive, or may place a registrant on probation or
issue a letter of reprimand. No application for the reinstatement of a
certificate which has been revoked shall be accepted by the
commissioner within one year after the date of such revocation.
   Sec. 3. Subdivision (17) of section 42-515 of the 2026 supplement to
the general statutes, as amended by section 5 of public act 25-113, is
repealed and the following is substituted in lieu thereof (Effective July 1,
2026):
  (17) "Gender-affirming health care services" has the same meaning as
provided in section [52-571n] 52-571m.
 Governor's Action:
 Approved May 19, 2026
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