Connecticut Law Creates Liability for Growing Running Bamboo
Do you have bamboo growing on your property? Is there bamboo growing on a property you are looking to purchase?
A new Connecticut law, Public Act 14-100, prohibits owners of real property from growing “running bamboo” (i.e., bamboo in the genus Phyllostachys, including yellow-groove bamboo) within 40 feet of adjacent property or a public right of way. The new bamboo law came into effect on June 6, 2014 and created two forms of liability for property owners growing running bamboo.
The first liability makes the property owners subject to a $100 fine per occurrence with each day of a continuing violation as a separate occurrence. Either The Department of Energy and Environmental Protection, any duly authorized municipal constable, municipal tree warden, zoning enforcement officer, or inland wetlands and watercourses enforcement officer may enforce the 40-foot buffer zone.
Secondly, the law creates a civil liability for running bamboo that grows beyond a person’s property boundaries by considering it a nuisance. Therefore, any person who violates the statute is liable for any damages caused to any neighboring property.
Further, businesses who deal in bamboo must also become aware of this law. Retailers of running bamboo must provide a warning to potential consumers that discloses that running bamboo is a fast growing plant that may spread if not properly contained, and must provide recommendations on how to properly contain running bamboo.
This law creates considerations that must be addressed by current or potential property owners. Owning or buying property with running bamboo can potentially cost the property owner a lot of money. An experienced real estate attorney can help their clients avoid such pitfalls of owning property.
Download the complete act below:
Residential Property Condition Disclosure Report
In Connecticut, the seller of a residential property must provide the buyer or their agent a Property Condition Disclosure Report. This is pursuant to Connecticut General Statute § 20-327b, which applies to the sale of 1 to 4 family residential property, including sale of units in a condominium or common interest community. A copy of the Disclosure Report, signed by seller and buyer, must be attached to the purchase contract. A copy of the Property Condition Disclosure Report form can be found on the here:
Residential Property Condition Disclosure Report
Some transactions are exempt, and sellers do not have to provide a Property Condition Disclosure in the following situations (list not exhaustive):
- sale of newly constructed residential real property to which statutory warranties apply;
- sales by executors, administrators, trustees or conservators;
- sales by the state or Federal government or government agency; and
- sales of property acquired by deed in lieu of foreclosure or by a judgment of foreclosure.
Failure of the seller to provide a Property Condition Disclosure Report results in a $500 credit to the buyer as a matter of law.
Dual Agency Real Estate Transaction
Can One Real Estate Agent Represent the Buyer & Seller?
Recently, a potential client came into our office for representation in a commercial real estate transaction. He had contacted a real estate agent who told him the perfect property was already listed with his real estate agency, and negotiations on the real estate property had begun. That would make that real estate agent both the listing and selling agent on that transaction. The potential client had a question: Can one real estate agent represent the Buyer and the Seller on the same transaction?
Usually, the listing agent works for the seller and owes a duty of loyalty and confidentiality to the seller. Similarly, the selling agent works for the buyer and owes a duty of loyalty and confidentiality to that buyer. In a dual agency real estate transaction, the seller and buyer have the same agent, or both agents work for the same broker, creating a conflict of interest.
However, in Connecticut that conflict of interest is not a complete bar against dual agency. Dual agency is permitted in Connecticut, pursuant to C.G.S. § 2-325g. The statute says that Dual Agency is allowable as long as all parties are informed, and both the Buyer and the Seller waive the conflict of interest in a Dual Agency Consent Agreement. Yes, one real estate agent CAN represent both the seller and buyer in the same transaction.
In Dual Agency real estate transactions, it becomes even more important for clients to retain the assistance of a real estate attorney as soon as possible. First, the buyer or seller will want somebody to review the Consent Agreement. Secondly, they will need more protection since the agent is not solely looking out for their best interest.
If you are buying or selling a home, condo, apartment or place of business, contact The Law Office of Eugene Glouzgal. We charge very competitive flat fees on closings and our client oriented approach alleviates the stress involved in real estate transactions. Contact us today by phone at 203-794-6691 or by e-mail at Glouzgal@CTAttorney.us.