AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES DISCLOSURES (Modifies the real estate sales disclosure form to include the disclosure of “blower door diagnostic air leakage testing” and advises that air leakage testing is recommended prior to purchasing a residential unit.)

S2122

2026 -- S 2122
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LC004024
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES
DISCLOSURES

Introduced By:
Senators Gu, Zurier, Vargas, Kallman, Valverde, Urso, Thompson, and
Bell

Date Introduced:
January 16, 2026

Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Section 5-20.8-2 of the General Laws in Chapter 5-20.8 entitled "Real Estate
2
Sales Disclosures" is hereby amended to read as follows:
3

5-20.8-2. Disclosure requirements.
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(a) As soon as practicable, but in any event no later than prior to signing any agreement to
5
transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer and to
6
each agent with whom the seller knows he or she or the buyer has dealt in connection with the real
7
estate. The written disclosure shall comply with the requirements set forth in subsection (b) and
8
shall state all deficient conditions of which the seller has actual knowledge. The agent shall not
9
communicate the offer of the buyer until the buyer has received a copy of the written disclosure
10
and signed a written receipt of the disclosure. If the buyer refuses to sign a receipt pursuant to this
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section, the seller or agent shall immediately sign and date a written account of the refusal. The
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agent is not liable for the accuracy or thoroughness of representations made by the seller in the
13
written disclosure or for deficient conditions not disclosed to the agent by the seller.
14
(b)(1) The Rhode Island real estate commission shall approve a form of written disclosure
15
for vacant land and a form of written disclosure for the sale of real property and improvements
16
consisting of a house or building containing one to four (4) dwelling units as required under this
17
chapter or the seller may use a disclosure form substantially conforming to the requirements of this
18
section. The following provisions shall appear conspicuously at the top of any written disclosure

1
form: “Prior to the signing of an agreement to transfer real estate (vacant land or real property and
2
improvements consisting of a house or building containing one to four (4) dwelling units), the seller
3
is providing the buyer with this written disclosure of all deficient conditions of which the seller has
4
knowledge. This is not a warranty by the seller that no other defective conditions exist, which there
5
may or may not be. The buyer should estimate the cost of repair or replacement of deficient
6
conditions prior to submitting an offer on this real estate. The buyer is advised not to rely solely
7
upon the representation of the seller made in this disclosure, but to conduct any inspections or
8
investigations the buyer deems to be necessary to protect his or her best interest.” Nothing
9
contained in this section shall be construed to impose an affirmative duty on the seller to conduct
10
inspections as to the condition of this real estate.
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(2) The disclosure form for vacant land shall include the following information:
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(i) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last
13
Pumped, Maintenance History, Defects)
14
“Potential purchasers of real estate in the State of Rhode Island are hereby notified that
15
many properties in the state are still serviced by cesspools as defined in chapter 19.15 of title 23
16
(the “Rhode Island Cesspool Act of 2007”). Cesspools are a substandard and inadequate means of
17
sewage treatment and disposal, and cesspools often contribute to groundwater and surface water
18
contamination. Requirements for abandonment and replacement of high-risk cesspools as
19
established in chapter 19.15 of title 23 are primarily based upon a cesspool’s nontreatment of
20
wastewater and the inherent risks to public health and the environment due to a cesspool’s distance
21
from a tidal water area, or a public drinking water resource. Purchasers should consult chapter
22
19.15 of title 23 for specific cesspool abandonment or replacement requirements. An inspection of
23
property served by an on-site sewage system by a qualified professional is recommended prior to
24
purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a ten-day (10) period to
25
conduct an inspection of a property’s sewage system to determine if a cesspool exists, and if so,
26
whether it will be subject to the phase-out requirements as established in chapter 19.15 of title 23.”
27
(ii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The
28
buyer understands that this property is, or will be served, by a private water supply (well) that may
29
be susceptible to contamination and potentially harmful to health. If a public water supply is not
30
available, the private water supply must be tested in accordance with regulations established by the
31
Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is required to
32
provide the buyer with a copy of any previous private water supply (well) testing results in the
33
seller’s possession and notify the buyer of any known problems with the private water supply
34
(well).”

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(iii) Property Tax
2
(iv) Easements and Encroachments — The seller of the real estate is required to provide
3
the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession
4
and notify the buyer of any known easements, encroachments, covenants, or restrictions of the
5
seller’s real estate. If the seller knows that the real estate has a conservation easement or other
6
conservation or preservation restriction as defined in § 34-39-2, the seller is required to disclose
7
that information and provide the buyer with a copy of any documentation in the seller’s possession
8
regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or
9
other survey independently performed at the buyer’s own expense.
10
(v) Deed — (Type, Number of Parcels)
11
(vi) Zoning — (Permitted use, Classification). “Buyers of real estate in the State of Rhode
12
Island are legally obligated to comply with all local real estate ordinances; including, but not limited
13
to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as
14
ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the
15
subject property is located in a historic district, that fact must be disclosed to the buyer, together
16
with the notification that “property located in a historic district may be subject to construction,
17
expansion, or renovation limitations. Contact the local building inspection official for details.”
18
(vii) Restrictions — (Plat or Other)
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(viii) Building Permits
20
(ix) Flood Plain — (Flood Insurance)
21
(x) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,
22
river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer
23
areas may impact future property development. The seller must disclose to the buyer any such
24
determination on all or part of the land made by the department of environmental management.
25
(xi) Hazardous Waste — (Asbestos and Other Contaminants)
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(xii) Miscellaneous
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(xiii) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the
28
municipality are protected by the right to farm law.
29
(3) The disclosure form for the sale of real property and improvements consisting of a
30
house or building containing one to four (4) dwelling units shall include the following information:
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(i) Seller Occupancy — (Length of Occupancy)
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(ii) Year Built
33
(iii) Basement — (Seepage, Leaks, Cracks, etc. Defects)
34
(iv) Sump Pump — (Operational, Location, and Defects)

LC004024 - Page 3 of 8
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(v) Roof (Layers, Age, and Defects)
2
(vi) Fireplaces — (Number, Working and Maintenance, Defects)
3
(vii) Chimney — (Maintenance History, Defects)
4
(viii) Woodburning Stove — (Installation Date, Permit Received, Defects)
5
(ix) Structural Conditions — (Defects)
6
(x) Insulation — (Wall, Ceiling, Floor, UFFI)
7
(xi) Termites or other Pests — (Treatment Company)
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(xii) Radon — (Test, Company). “Radon has been determined to exist in the State of Rhode
9
Island. Testing for the presence of radon in residential real estate prior to purchase is advisable.”
10
(xiii) Electrical Service — (Imp. & Repairs, Electrical Service, Amps, Defects,
11
Modifications)
12
(xiv) Heating System — (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental
13
Heating, Defects, Modifications)
14
(xv) Air Conditioning — (Imp. & Repairs, Type, Defects)
15
(xvi) Plumbing — (Imp. & Repairs, Defects, Modifications)
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(xvii) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last
17
Pumped, Maintenance History, Defects)
18
“Potential purchasers of real estate in the state of Rhode Island are hereby notified that
19
many properties in the state are still serviced by cesspools as defined in Rhode Island general law
20
chapter 19.15 of title 23 (the Rhode Island Cesspool Act of 2007). Cesspools are a substandard and
21
inadequate means of sewage treatment and disposal, and cesspools often contribute to groundwater
22
and surface water contamination. Requirements for abandonment and replacement of high-risk
23
cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool’s
24
nontreatment of wastewater and the inherent risks to public health and the environment due to a
25
cesspool’s distance from a tidal water area, or a public drinking water resource. Purchasers should
26
consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements.
27
An inspection of property served by an on-site sewage system by a qualified professional is
28
recommended prior to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a
29
ten-day (10) period to conduct an inspection of a property’s sewage system to determine if a
30
cesspool exists, and if so, whether it will be subject to the phase-out requirements as established in
31
chapter 19.15 of title 23.”
32
(xviii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The
33
buyer understands that this property is, or will be served, by a private water supply (well) that may
34
be susceptible to contamination and potentially harmful to health. If a public water supply is not

LC004024 - Page 4 of 8
1
available, the private water supply must be tested in accordance with regulations established by the
2
Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is required to
3
provide the buyer with a copy of any previous private water supply (well) testing results in the
4
seller’s possession and notify the buyer of any known problems with the private water supply
5
(well).”
6
(xix) Domestic Hot Water — (Imp. & Repairs, Type, Defects, Capacity of Tank)
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(xx) Property Tax
8
(xxi) Easements and Encroachments — The seller of the real estate is required to provide
9
the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession
10
and notify the buyer of any known easements, encroachments, covenants, or restrictions of the
11
seller’s real estate. If the seller knows that the real estate has a conservation easement or other
12
conservation or preservation restriction as defined in § 34-39-1, the seller is required to disclose
13
that information and provide the buyer with a copy of any documentation in the seller’s possession
14
regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or
15
other survey independently performed at his or her own expense.
16
(xxii) Deed — (Type, Number of Parcels)
17
(xxiii) Zoning — (Permitted use, Classification). “Buyers of real estate in the state of
18
Rhode Island are legally obligated to comply with all local real estate ordinances; including, but
19
not limited to, ordinances on the number of unrelated persons who may legally reside in a dwelling,
20
as well as ordinances on the number of dwelling units permitted under the local zoning ordinances.”
21
If the subject property is located in a historic district, that fact must be disclosed to the buyer,
22
together with the notification that “property located in a historic district may be subject to
23
construction, expansion, or renovation limitations. Contact the local building inspection official for
24
details.”
25
(xxiv) Restrictions — (Plat or Other)
26
(xxv) Building Permits
27
(xxvi) Minimum Housing — (Violations)
28
(xxvii) Flood Plain — (Flood Insurance)
29
(xxviii) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond,
30
marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated
31
buffer areas may impact future property development. The seller must disclose to the buyer any
32
such determination on all or part of the land made by the department of environmental management.
33
(xxix) Multi-family or other Rental Property — (Rental Income)
34
(xxx) Pools & Equipment — (Type, Defects)

LC004024 - Page 5 of 8
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(xxxi) Lead Paint — (Inspection) Every buyer of residential real estate built prior to 1978
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is hereby notified that those properties may have lead exposures that may place young children at
3
risk of developing lead poisoning. Lead poisoning in young children may produce permanent
4
neurological damage, including learning disabilities, reduced IQ behavioral problems, and
5
impaired memory. The seller of that property is required to provide the buyer with a copy of any
6
lead inspection report in the seller’s possession and notify the buyer of any known lead poisoning
7
problem. Environmental lead inspection is recommended prior to purchase.
8
(xxxii) Fire
9
(xxxiii) Hazardous Waste — (Asbestos and Other Contaminants)
10
(xxxiv) Miscellaneous
11
(xxxv) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the
12
municipality are protected by the right to farm law.
13
(xxxvi) Mold — (Type, repairs, alterations, modifications).
14
(xxxvii) Ventilation system modifications.
15
(xxxviii) Moisture penetration and damage.
16

(xxxix) Blower door diagnostic air leakage testing – home energy audit results – (test,
17
company). Air leakage testing and home energy audits are advisable for residential real estate prior
18
to purchase in order to assess the energy efficiency of the property. Real estate buyers shall be
19
provided with information related to availability of energy efficiency audits and energy efficiency
20
programs as identified by the Rhode Island office of energy resources to reduce utility bills, reduce
21
energy consumption, improve financial security, reduce carbon emissions, and increase comfort,
22
safety and health for building occupants and owners.
23
(c) Any agreement to transfer real estate shall contain an acknowledgement that a
24
completed real estate disclosure form has been provided to the buyer by the seller in accordance
25
with the provisions of this section.
26
(d) The Rhode Island real estate commission has the right to amend the seller disclosure
27
requirements by adding or deleting requirements when there is a determination that health, safety,
28
or legal needs require a change. Any change to requirements shall be a rule change, subject to the
29
administrative procedures act, chapter 35 of title 42. The power of the commission to amend the
30
written disclosure requirements shall be liberally construed so as to allow additional information to
31
be provided as to the structural components, housing systems, and other property information as
32
required by this chapter.
33
(e) The disclosure form for the sale of vacant land or real property and improvements in
34
subsections (b)(2) and (b)(3) of this section shall also include the following information:

LC004024 - Page 6 of 8
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“Shoreline Access — Members of the public shall have the right to access shoreline
2
property as defined in § 5-20.8-1. The public’s rights and privileges of the shore may be exercised,
3
where shore exists, on wet sand or dry sand or rocky beach, up to ten feet (10′) landward of the
4
‘recognizable high tide line’ subject to the restrictions governed by § 46-23-26 and any general
5
laws to the contrary.
6
The seller of the real estate is required to notify the buyer of any public rights of way on
7
the real estate that are known to the seller. The seller shall provide the buyer with a copy of any
8
documentation evidencing such rights of way or conditions of public access that is in the seller’s
9
possession.
10
The buyer is advised to contact the coastal resources management council, the
11
municipality, or applicable nonprofit organizations to determine whether any public rights of way
12
exist.
13
The seller shall provide the buyer with a copy of any permits relating to the real estate that
14
were issued by the coastal resources management council and that are in the seller’s possession.”
15
SECTION 2. This act shall take effect upon passage.
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LC004024
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LC004024 - Page 7 of 8
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES
DISCLOSURES
***
1
This act would modify the real estate sales disclosure form to include the disclosure of
2
“blower door diagnostic air leakage testing” and advise that air leakage testing is recommended
3
prior to purchasing a residential unit.
4
This act would take effect upon passage.
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LC004024
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LC004024 - Page 8 of 8