PREFILED DEC 16 2020
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REFERENCE TITLE: technical correction; seller; disclosure |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2002 |
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Introduced by Representative Cobb
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AN ACT
amending section 33-434.01, Arizona Revised Statutes; relating to power to convey.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-434.01, Arizona Revised Statutes, is amended to read:
33-434.01. Seller's duty to disclose; soil remediation; definition
A. An owner of property that has been subject to soil remediation conducted pursuant to section 49‑104, subsection B, paragraph 16 shall title 49, chapter 1, article 4, prior to transferring ownership of the property, shall give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49‑104, subsection B, paragraph 16 title 49, chapter 1, article 4.
B. Actions brought under this section for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions.
C. For the purposes of this section, the term "residential use" means those uses of remediated property upon which there are dwellings where residents may reasonably be expected to be in frequent, repeated contact with soil, or other uses where natural persons are reasonably expected to be in similar contact, such as child care centers and elementary schools.