Delaware General Assembly


CHAPTER 306

FORMERLY

HOUSE BILL NO. 519

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 3, TITLE 25 OF THE DELAWARE CODE RELATING TO CONTRACTS OF SALE OF UNIMPROVED REAL ESTATE AND REQUIRING NOTICE AND A CONTINGENCY PROVISION AS TO SEWERAGE AND WATER FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 3, Title 25 of the Delaware Code by adding thereto a new Section 313. which shall read as follows:

"§313. Contract for Sale of Unimproved Real Estate; Notice to Buyer of Public Sewerage and Water Facilities

Every Contract for the sale of unimproved real estate located in the State of Delaware shall have the following notice provision appear conspicuously therein:

'NOTICE TO BUYER: If the property being purchased hereunder is an unimproved parcel of land. (buyer/seller) should consult with the appropriate public authorities to ascertain whether central sewerage and water facilities are available, or, if not, whether the property will be approved by appropriate public authorities for the installation of a well and private sewerage disposal system. This Contract is contingent upon: 1) a satisfactory site evaluation which will allow the least costly, including installation and recurring maintenance costs, approved on site disposal system In accordance with regulations promulgated by the Department of Natural Resources and Environmental Control; 2) availability of a water supply; 3) that the lot shall conform with the local zoning ordinance: or this Contract will become null

and void and all deposits will be returned to the buyer. The (buyer/seller) will

request the site evaluation on or before (date) . Buyer may waive this provision of

the Contract by attaching an addendum signed by the seller and the buyer.'"

Section 2. This Act shall become effective 60 days after its enactment into law.

Approved June 25, 1986.