Vermont H. 106: An act relating to presumed consent for organ donation

Bill Text

No. 52 Page 1 of 3
2025

VT LEG #384265 v.1
No. 52. An act relating to selling real property within a FEMA mapped
flood hazard area.
(H.106)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. INTENT
It is the intent of the General Assembly to ensure that a buyer of real
property is on notice regarding the flood risks associated with the purchase of
the real property.
Sec. 2. 27 V.S.A. § 380 is amended to read:
§ 380. DISCLOSURE OF INFORMATION; CONVEYANCE OF REAL
ESTATE
(a) Prior to or as part of a contract for the conveyance of real property, the
seller shall provide the buyer with the following information:
(1) whether the real property is located in a Federal Emergency
Management Agency mapped special flood hazard area; [Repealed.]
(2) whether the real property is located in a Federal Emergency
Management Agency mapped moderate flood hazard area; [Repealed.]
(3) a physical or electronic copy or a digital link of the official flood
insurance rate map, as published by the Federal Emergency Management
Agency, or notice that a flood insurance rate map is unavailable effective for
the community in which the real property is located;

No. 52 Page 2 of 3
2025

VT LEG #384265 v.1
(4) whether the real property was subject to flooding or flood damage
while the seller possessed the property, including flood damage from
inundation or from flood-related erosion or landslide damage; and
(4)(5) whether the seller maintains or is required by federal or State law
to maintain flood insurance on the real property.
(b) The failure of the seller to provide the buyer with the information
required under subsection (a) of this section is grounds for the buyer to
terminate the contract prior to transfer of title or occupancy, whichever occurs
earlier.
(c) A buyer If a seller of real estate who fails to receive provide the
information required to be disclosed by a seller under subsection (a) of this
section, a buyer may bring an action to recover from the seller the amount of
the buyer’s damages and reasonable attorney’s fees. The buyer may also seek
punitive damages when the seller knowingly failed to provide the required
information.
(d) A seller shall not be liable for damages under this section for any error,
inaccuracy, or omission of any information required to be disclosed to the
buyer under subsection (a) of this section when the error, inaccuracy, or
omission was based on information provided by a public body or by another
person with a professional license or special knowledge who provided a
written report that the seller reasonably believed to be correct and that was
provided by the seller to the buyer.

No. 52 Page 3 of 3
2025

VT LEG #384265 v.1
(e) Noncompliance with the requirements of this section shall not affect the
marketability of title of a real property.
Sec. 3. EFFECTIVE DATE
This act shall take effect on September 1, 2025.
Date Governor signed bill: June 11, 2025