77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 2670 House Bill 2270 Sponsored by Representative WITT (Presession filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Prohibits supervising, directing or performing installation, alteration or repair of elevator in manner that results in elevator failing to meet minimum safety standards. Prohibits unauthorized tampering with indicia of elevator inspection. Makes violations subject to maximum penalty of 30 days' imprisonment, $1,250 fine, or both. Requires that residential elevator be inspected for conformance with minimum safety standards upon installation or alteration. Requires owner of one or two family dwelling equipped with elevator to have elevator inspected upon sale or other transfer of title to dwelling. Makes violations subject to maximum penalty of 30 days' imprisonment, $1,250 fine, or both. Exempts residential elevators from requirements for operating permits, maintenance and periodic inspection. Modifies list of representations in seller property disclosure statement to include elevators and other forms of lifting devices. A BILL FOR AN ACT Relating to lifting devices; creating new provisions; and amending ORS 105.464, 460.005, 460.035 and 460.165. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Sections 2, 4 and 7 of this 2013 Act are added to and made a part of ORS 460.005 to 460.175. + } SECTION 2. { + A person may not: (1) Supervise, direct or perform the installation, alteration or repair of an elevator in a manner that results in the elevator failing to meet minimum safety standards. (2) Except as provided in this subsection, without authorization from the Department of Consumer and Business Services, remove, transfer, alter or otherwise tamper with an elevator inspection permit, label, tag or other indicia of inspection placed at an elevator inspection site or placed on elevator equipment. The owner of the property on which an elevator is installed may remove the construction-use provisional permit, label, tag or other indicia if: (a) All required inspections of the installation have been performed; (b) The installation is in conformance with the elevator code; and (c) The inspector of the elevator has given final approval of the installation. + } SECTION 3. ORS 460.005 is amended to read: 460.005. As used in ORS 460.005 to 460.175, unless the context requires otherwise: (1) 'Alteration' means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment. (2) 'Certified elevator inspector' means an employee or representative of a casualty insurance company or companies who has passed the required examination and has been issued a certificate of competency as an elevator inspector by the Department of Consumer and Business Services. (3) 'Elevator' means a hoisting and lowering mechanism equipped with a car or platform that moves in guides, and that serves two or more landings, and includes but is not limited to dumbwaiters, escalators, manlifts, platform hoists, vertical parking units for motor vehicles and moving walks. (4) 'Elevator contractor license' means an authorization issued by the department under ORS 460.005 to 460.175 for the licensee to engage in the business of installing, altering, repairing and maintaining elevators. (5) 'Installation permit' means a permit issued by the department for the installation, alteration or repair of an elevator. (6) 'Minimum safety standards' means safety standards provided by ORS 460.005 to 460.175 or by rules adopted under ORS 460.005 to 460.175. (7) 'Moving walk' means a power-driven, horizontal or inclined, or combination, passenger-carrying device, in which the passenger-carrying surface remains parallel to its direction of motion, and is uninterrupted. (8) 'Operating permit' means a permit issued by the department for the operation of an elevator. (9) 'Platform hoist' means a hoisting and lowering mechanism equipped with an open platform that moves in a substantially vertical direction and that travels a limited distance above or below a building floor or dock level. (10) 'Provisional operating permit' means a permit issued by the department on the basis of a variance from the minimum safety standards under ORS 460.005 to 460.175. { + (11) 'Residential elevator' means an elevator located in a one or two family dwelling. + } { - (11) - } { + (12) + } 'Temporary operation authorization' means an authorization issued by the department to operate an elevator for a specified period pending the issuance of an operating permit. SECTION 4. { + (1) The owner of a dwelling that has a residential elevator shall have the elevator inspected by a certified elevator inspector or the Department of Consumer and Business Services upon installation of the elevator and following any alteration of the elevator. If the elevator does not meet minimum safety standards, the owner shall have any necessary repairs or alterations performed and the elevator reinspected before the elevator is placed into service or operated. (2) Notwithstanding ORS 460.045 and 460.055, a residential elevator may be placed into service and operated without an operating permit or temporary operation authorization. Notwithstanding ORS 460.085, the Director of the Department of Consumer and Business Services may not impose a safety standard that imposes a maintenance requirement for a residential elevator. Notwithstanding ORS 460.125, a residential elevator is not subject to periodic inspection. + } SECTION 5. ORS 460.035 is amended to read: 460.035. (1) Fees are not required under ORS 460.005 to 460.175 to install, alter, repair, operate or maintain an elevator: (a) Under the supervision of the United States Government { - . - } { + ; or + } (b) That is a nonpower-driven lifting device. { - (c) Located in a private residence, except for initial installation. - } { + (2) Fees are not required under ORS 460.005 to 460.175 to operate or maintain a residential elevator. + } { - (2) - } { + (3) + } The owner or user of an elevator described in subsection (1) { + or (2) + } of this section may request that the Department of Consumer and Business Services inspect the elevator. If the department performs { - the inspection, the department, notwithstanding subsection (1) of this section, - } { + an inspection under this subsection, notwithstanding subsections (1) and (2) of this section, the department + }may collect the appropriate fee for performing the inspection. { - (3) - } { + (4) + } Pipes installed in an elevator hoistway prior to July 1, 1961, that do not convey gases or liquids that would endanger life if discharged into the hoistway need not be removed. { - (4) - } { + (5) + } ORS 460.005 to 460.175 do not apply to: (a) Belt, bucket, scoop, roller or similar type material conveyors. (b) Hoists for raising or lowering materials and that are provided with unguided hooks, slings and similar means for attachment to the materials. (c) Material hoists used only to raise and lower building material in buildings under construction. (d) Stackers that serve one floor only. (e) Window-washing scaffolds. (f) Nonpower-driven lifting devices. (g) Amusement rides. (h) Mine elevators. (i) Elevators under the supervision of the United States Government. { - (j) Elevators located in private residences, except for initial installation permits and installation inspections. - } { - (k) - } { + (j) + } Other elevators and equipment as provided by the department by rule. SECTION 6. ORS 460.165 is amended to read: 460.165. (1) Subject to ORS 460.035 (1) { + and (2) + } and 460.085 (1), the Department of Consumer and Business Services may collect the following fees: (a) For each year of an elevator contractor's license for each place of business operated by the applicant, $195. (b) For the submission of plans and other pertinent data when required, for each elevator, $78. (c) For each year of an inspection period for an operating permit: (A) A dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $60. (B) An escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $98. (C) A power-driven elevator with a four floor rise or under, $88. (D) A power-driven elevator with over a four floor rise, but under a 10-floor rise, $108. (E) A power-driven elevator with a 10-floor rise or over, but under a 20-floor rise, $134. (F) A power-driven elevator with a 20-floor rise or over, $157. (d) For a reinspection, $75. (e) For special inspections of hoisting or lowering mechanisms other than elevators, or for inspections, testing, consultations, site visits or other services for which no fee is otherwise specified, $75 per hour for travel and inspection time. (f) For an elevator installation permit, if the total cost of the installation or alteration is: (A) $1,000 or under, $98. (B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000. (C) $15,000 or over but under $50,000, $280 plus $8 for each $1,000 or fraction of $1,000 by which the cost exceeds $15,000. (D) $50,000 or over, $553 plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000. (2) If an owner or user of any elevator equipment fails to pay a fee required under this section within 90 days after the billing date, the department may consider the fee delinquent and double the amount of the fee. SECTION 7. { + (1) Except as provided in subsection (2) of this section, the owner of a dwelling equipped with a residential elevator shall have the elevator inspected by a certified elevator inspector or the Department of Consumer and Business Services prior to entering into an agreement for the sale or other transfer of title to the dwelling. The owner of the dwelling shall provide a copy of the inspection report to at least one purchaser or transferee of the dwelling no later than the time that the owner agrees to sell or otherwise transfer title to the dwelling to the purchaser or transferee. (2) This section does not require the owner of a dwelling to have a residential elevator inspected if: (a) The elevator has been inspected no more than 12 months preceding the agreement to sell or otherwise transfer title to the dwelling; (b) The same person is both an owner of the dwelling and a buyer or transferee of the dwelling; (c) Title to the dwelling transfers without voluntary action of the owner, including but not limited to transfer by foreclosure or condemnation; (d) Title to the dwelling transfers by a judgment of marital annulment, dissolution or separation; or (e) Title to the dwelling transfers by testamentary disposition or intestate succession. + } SECTION 8. ORS 105.464 is amended to read: 105.464. A seller's property disclosure statement must be in substantially the following form: _________________________________________________________________ If required under ORS 105.465, a seller shall deliver in substantially the following form the seller's property disclosure statement to each buyer who makes a written offer to purchase real property in this state: _________________________________________________________________ INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment. Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1. An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller's choice should be directed to a qualified attorney. _________________________________________________________________ (DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470) Section 1. EXCLUSION FROM ORS 105.462 TO 105.490: You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely. Initial only the exclusion you wish to claim. ___ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #___, issued by _____. ___ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure. ___ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian. ___ This sale or transfer is by a governmental agency. _______________ Signature(s) of Seller claiming exclusion Date _____ _______________ Buyer(s) to acknowledge Seller's claim Date _____ _________________________________________________________________ (IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.) Section 2. SELLER'S PROPERTY DISCLOSURE STATEMENT (NOT A WARRANTY) (ORS 105.464) NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT __________ ('THE PROPERTY'). DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER'S DELIVERY OF THIS SELLER'S DISCLOSURE STATEMENT TO REVOKE BUYER'S OFFER BY DELIVERING BUYER'S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER'S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS. Seller ___ is/ ___ is not occupying the property. I. SELLER'S REPRESENTATIONS: The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer. *If you mark yes on items with *, attach a copy or explain on an attached sheet. ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ 1. TITLE A. Do you have legal authority to sellYese NoopeUnknown *B.Is title to the property subject to any of the following: Yes No Unknown (1)First right of refusal (2)Option (3)Lease or rental agreement (4)Other listing (5)Life estate? *C.Is the property being transferred an unlawfully established unit of landYes No Unknown *D.Are there any encroachments, boundary agreements, boundary disputes or recent boundary changes? Yes No Unknown *E.Are there any rights of way, easements, licenses, access limitations or claims that may affect your interest in the proYestyNo Unknown *F.Are there any agreements for joint maintenance of an easement or rightYes wNo? Unknown *G.Are there any governmental studies, designations, zoning overlays, surveys or notices that would affect the property? Yes No Unknown *H.Are there any pending or existing governmental assessments against the property? Yes No Unknown *I.Are there any zoning violations or nonconforming uses? Yes No Unknown *J.Is there a boundary survey for the property? Yes No Unknown *K.Are there any covenants, conditions, restrictions or private assessments that affect the property? Yes No Unknown *L.Is the property subject to any special tax assessment or tax treatment that may result in levy of additional taxes if the property is sold? Yes No Unknown 2. WATER A. Household water (1)The source of the water is (check ALL that apply): Public Community Private Other _____ (2)Water source information: *a.Does the water source require a watYespeNoit?Unknown If yes, do you have a permit? Yes No b. Is the water source located on the YespeNoy? Unknown *If not, are there any written agreements for a shared water source? Yes No Unknown NA *c.Is there an easement (recorded or unrecorded) for your access to or maintenance of the water source? Yes No Unknown d. If the source of water is from a well or spring, have you had any of the following in the past 12 months? Flow test Bacteria test Chemical contents test Yes No Unknown NA *e.Are there any water source plumbing problems or needed repairs? Yes No Unknown (3)Are there any water treatment systems for the property? Yes No Unknown Leased Owned B. Irrigation (1)Are there any water rights or other irrigation rights for the property?Yes No Unknown *(2If any exist, has the irrigation water been used during the last five-year periYes No Unknown NA *(3Is there a water rights certificate or other written evidence available? Yes No Unknown NA C. Outdoor sprinkler system (1)Is there an outdoor sprinkler system for the property? Yes No Unknown (2)Has a back flow valve been installeYes No Unknown NA (3)Is the outdoor sprinkler system opeYesleNo Unknown NA 3. SEWAGE SYSTEM A. Is the property connected to a public or community sewage system? Yes No Unknown B. Are there any new public or community sewage systems proposed for the property? Yes No Unknown C. Is the property connected to an on-site septic system? Yes No Unknown If yes, was it installed by permit?Yes No Unknown NA *Has the system been repaired or alYesedNo Unknown Has the condition of the system been evaluated and a report issued? Yes No Unknown Has it ever been pumped? Yes No Unknown NA If yes, when? __________ *D.Are there any sewage system problems or needed repairs? Yes No Unknown E. Does your sewage system require on-site pumping to another level? Yes No Unknown 4. DWELLING INSULATION A. Is there insulation in the: (1)Ceiling? Yes No Unknown (2)Exterior walls? Yes No Unknown (3)Floors? Yes No Unknown B. Are there any defective insulated doors or windows? Yes No Unknown 5. DWELLING STRUCTURE *A.Has the roof leaked? Yes No Unknown If yes, has it been repaired? Yes No Unknown NA B. Are there any additions, conversions or remodeling? Yes No Unknown If yes, was a building permit requiYes? No Unknown NA If yes, was a building permit obtaiYes? No Unknown NA If yes, was final inspection obtainYes No Unknown NA C. Are there smoke alarms or detectorsYes No Unknown D. Are there carbon monoxide alarms? Yes No Unknown E. Is there a woodstove or fireplace insert included in the sale? Yes No Unknown *If yes, what is the make? _____ *If yes, was it installed with a peYest?No Unknown *If yes, is a certification label issued by the United States Environmental Protection Agency (EPA) or the Department of Environmental Quality (DEQ) affixedYes iNo Unknown *F.Has pest and dry rot, structural or ' whole house' inspection been done within the last three years? Yes No Unknown *G.Are there any moisture problems, areas of water penetration, mildew odors or other moisture conditions (especially in the basemYes)?No Unknown *If yes, explain on attached sheet the frequency and extent of problem and any insurance claims, repairs or remediation done. H. Is there a sump pump on the propertYes No Unknown I. Are there any materials used in the construction of the structure that are or have been the subject of a recall, class action suit, settlement or litigatiYes No Unknown If yes, what are the materials? _____ (1)Are there problems with the materiaYes No Unknown NA (2)Are the materials covered by a warrYesy?No Unknown NA (3)Have the materials been inspected? Yes No Unknown NA (4)Have there ever been claims filed for these materials by you or by previous ownYes? No Unknown NA If yes, when? _____ (5)Was money received? Yes No Unknown NA (6)Were any of the materials repaired or replaced? Yes No Unknown NA 6. DWELLING SYSTEMS AND FIXTURES If the following systems or fixtures are included in the purchase price, are they in good working order on the date this form is signed? A. Electrical system, including wiring, switches, outlets and service Yes No Unknown B. Plumbing system, including pipes, faucets, fixtures and toilets Yes No Unknown C. Water heater tank Yes No Unknown D. Garbage disposal Yes No Unknown NA E. Built-in range and oven Yes No Unknown NA F. Built-in dishwasher Yes No Unknown NA G. Sump pump Yes No Unknown NA H. Heating and cooling systems Yes No Unknown NA I. Security system Owned Leased Yes No Unknown NA { + Elevator, dumbwaiter, chairlift, wheelchair lift or inclined wheelchYes lNot Unknown NA + } { - Are there any materials or products used in - } { + Are there any materials or products used in + } the systems and fixtures that are or have been the subject of a recall, class action settlement or other litigations? Yes No Unknown If yes, what product? __________ (1)Are there problems with the productYes No Unknown (2)Is the product covered by a warrantYes No Unknown (3)Has the product been inspected? Yes No Unknown (4)Have claims been filed for this product by you or by previous owners? Yes No Unknown If yes, when? __________ (5)Was money received? Yes No Unknown (6)Were any of the materials or products repaired or replaced? Yes No Unknown 7. COMMON INTEREST A. Is there a Home Owners' Association or other governing entity? Yes No Unknown Name of Association or Other Governing Entity __________ Contact Person ____________ Address _______________ Phone Number ____________ B. Regular periodic assessments: $___ per Month Year Other ___ *C.Are there any pending or proposed special assessments? Yes No Unknown D. Are there shared ' common areas' or joint maintenance agreements for facilities like walls, fences, pools, tennis courts, walkways or other areas co-owned in undivided interest with others? Yes No Unknown E. Is the Home Owners' Association or other governing entity a party to pending litigation or subject to an unsatisfied judgmeYes No Unknown NA F. Is the property in violation of recorded covenants, conditions and restrictions or in violation of other bylaws or governing rules, whether recorded or not? Yes No Unknown NA 8. GENERAL A. Are there problems with settling, soil, standing water or drainage on the property or in the immediate area? Yes No Unknown B. Does the property contain fill? Yes No Unknown C. Is there any material damage to the property or any of the structure(s) from fire, wind, floods, beach movements, earthquake, expansive soils or landslides? Yes No Unknown D. Is the property in a designated floYeslaNo? Unknown E. Is the property in a designated slide or other geologic hazard zone? Yes No Unknown *F.Has any portion of the property been tested or treated for asbestos, formaldehyde, radon gas, lead-based paint, mold, fuel or chemical storage tanks or contaminated soil YeswaNor? Unknown G. Are there any tanks or underground storage tanks (e.g., septic, chemical, fuel, etc.) on the property? Yes No Unknown H. Has the property ever been used as an illegal drug manufacturing or distribution Yese?No Unknown *If yes, was a Certificate of FitneYesisNoed?Unknown *I.Has the property been classified as forestland-urban interface? Yes No Unknown 9. FULL DISCLOSURE BY SELLERS *A.Are there any other material defects affecting this property or its value that a prospective buyer should know about? Yes No *If yes, describe the defect on attached sheet and explain the frequency and extent of the problem and any insurance claims, repairs or remediation. B. Verification: The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy of this disclosure statement. I/we authorize my/our agents to deliver a copy of this disclosure statement to all prospective buyers of the property or their agents. Seller(s) signature: SELLER _______________ DATE __________ SELLER _______________ DATE __________ ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ II. BUYER'S ACKNOWLEDGMENT A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation. B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party's disclosure statement required by this section or any amendment to the disclosure statement. C. Buyer (which term includes all persons signing the 'buyer's acknowledgment' portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature(s). DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER'S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER'S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER'S PROPERTY DISCLOSURE STATEMENT. BUYER _______________ DATE __________ BUYER _______________ DATE __________ Agent receiving disclosure statement on buyer's behalf to sign and date: _______________ Real Estate Licensee _______________ Real Estate Firm Date received by agent _____ ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ SECTION 9. { + Section 7 of this 2013 Act applies to dwelling owners that, 90 or more days after the effective date of this 2013 Act, enter into agreements to sell or otherwise transfer title to the dwelling. + } SECTION 10. { + The amendments to ORS 105.464 by section 8 of this 2013 Act apply to seller property disclosure statements that a seller of residential property delivers to a buyer on or after the effective date of this 2013 Act. + } ---------- DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 10.