HB 2131/Effective July 1, 2003
Energy Efficiency Standards for New Residential, Commercial and Industrial
The International Energy Conservation Code 2003 (IECC 2003) was adopted as the
applicable thermal efficiency standard for new commercial and industrial structures
Effective July 1, 2003, the law was amended to require a person who is building
or selling a previously unoccupied new residential structure to disclose to
a buyer or a prospective buyer, either upon request or prior to closing, information
about the thermal efficiency of the structure. The disclosure must be made on
a form prepared and disseminated by the Kansas Corporation Commission. The revised
form can be found on the Kansas Corporation Commissions Web site at http://www.kcc.state.ks.us/energy/energyform.pdf.
HB 2205/Effective July 1, 2003
Requires sellers to disclose the amount of special assessments to the buyer
and special assessments are no longer included in the fair market value of the
The law was amended to require sellers of real property to disclose to buyers
that the property is subject to special assessments or fees or is located in
an improvement district. The disclosure shall occur as part of the contract
or prior to the execution of the contract. If the amount of special assessments
or fees is unknown, the seller must make a good faith estimation of the amount.
The seller is required to obtain a written acknowledgement from the buyer that
the buyer had been apprised of the applicable assessments or fees or that the
property is located in an improvement district.
The legislation also prohibits the inclusion of the present value of special
assessments in the determination of fair market value of real property.
HB 2294/Effective July 1, 2003
Provides contractors of residential construction the right to cure prior to
a claimant being permitted to file civil litigation.
The law was amended with regard to the filing of a lawsuit based on construction
defects of new residential construction or remodeling projects. The legislation
does not apply to actions arising from personal injury or death or when the
defect of the construction is substantial enough to cause the structure to be
uninhabitable. The law requires a claimant to serve a written notice of claim
upon the contractor prior to filing a lawsuit. The legislation places deadlines
on the contractor to serve notice on each subcontractor and provide a written
response to the claimant. The legislation permits the claimant to file a lawsuit
without further notice if the contractor disputes the claim, does not respond
to the notice, does not complete work on the defect on a timely basis or does
not make a payment in the time allowed. The legislation also provides procedures
for the claimant to accept or reject the offers of the contractor.
Of interest to real estate licensees who market new home developments, the legislation
requires each contractor of a new residential structure to provide to the initial
purchaser, in writing and within 30 days after closing, the name, license number,
business address and telephone number of each subcontractor who performed any
work on the dwelling. The written notice must also provide a brief description
of the work performed by each subcontractor.
Childhood Lead Poisoning Prevention Act Extended
The provisions of the Childhood Lead Prevention Act were extended to 2010.