By Representative Hall of Westford and Senator Panagiotakos, joint petition (accompanied by bill, House, No. 767) of Geoffrey D. Hall, Steven C. Panagiotakos and another relative to the disclosure by a real estate agent, broker or salesman that the property to be sold is in its entirety or in part a wetland.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

Geoffrey D. Hall

Steven C. Panagiotakos

Kurt Meklenburg

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In the Year Two Thousand and Seven.

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An Act relative to the disclosure of wetlands on property. .

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 112 of the General Laws is hereby amended by inserting after section 87 AAA, as appearing in the 2002 Official Edition, the following section:

Section 87AAA ¼.      A real estate agent, broker or salesman licensed under the provisions of this chapter shall disclose to prospective buyer in writing:

-That the  property to be sold may be in its entirety, or in part, a wetland as such term is defined in section 40 of chapter 131 of the General laws, or by regulations promulgated hereunder, or in any ordinance or by-law of the municipality where the property is located.

-The definition of the term “Wetlands” as defined in chapter 131

-Any home owner restrictions on the property to be sold associated with wetlands

-The need for the home owner to file a “Notice of Intent” prior to any work being performed within 100 feet of a wetland area.

The buyer shall sign a disclosure form as provided by the real estate agent, broker or

salesman containing the aforementioned information.  A notarized copy of said

disclosure shall be provided to the real estate agent, broker or salesman.