New Real Estate Disclosure Requirements for Smoke and Carbon Monoxide Detectors
If you are selling or buying a home in Connecticut, take heed: a new law, effective January 1, 2014 (Public Act 13-272) requires any seller of a one or two family residential home, to provide the buyer with an affidavit certifying that (i) either the building permit for new occupancy was issued on or after October 1, 1985, or the home is equipped with smoke detectors that comply with the new law; AND (ii) the building is equipped with carbon monoxide detectors that comply with the new law or the building does not pose a risk of carbon monoxide poisoning because the home does not contain a fuel burning appliance, fireplace, or attached garage.
In order to comply with the new law, any smoke detectors must be capable of sensing visible or invisible smoke particles and carbon monoxide detectors must be capable of showing the amount of carbon monoxide present in a reading of parts per million. Both smoke and carbon detectors must be capable of providing an alarm suitable to warn occupants when the device is activated, and be within the standards under which the equipment was tested an approved. Smoke detectors must be installed in accordance with the manufacturer's instructions in the immediate vicinity of EACH bedroom. Carbon monoxide detectors must be installed and located in accordance with manufacturer's instructions.
If the seller fails to provide the necessary affidavit, the law mandates the seller shall credit the buyer the sum of $250.00 at closing. There are limited exceptions to the law (transfers between spouses or family members, transfers by certain fiduciaries). Please contact our office should you have any questions regarding the applicability of this new law to your closing transaction.