5604.1 Before entering into a contract for sale, any person who sells real property in the District of Columbia upon which underground storage tanks are located, or from which underground storage tanks have been removed during the seller's ownership, shall inform each prospective buyer of the existence or removal of any UST of which the seller has knowledge, on the disclosure form approved by the Director or in a letter incorporating all of the information requested in the form, except as provided in §§ 5604.3 and 5604.4.

5604.2 The seller of real property under this section shall have no obligation to perform a site assessment or other geological investigation to determine if USTs exist on the property, but shall:

1. (a) Inform prospective purchasers of any UST of which the seller has actual knowledge; and
2. (b) For the sale of commercial property, inform prospective buyers of any prior use of the property of which seller has actual knowledge, which suggests the existence of tanks on the property.

5604.3 Where seller is the owner of a individual condominium unit or cooperative unit, notice shall not be required pursuant to § 5604.1.

5604.4 A seller of a single family home may use the disclosure form approved by the Director or include the disclosure required by § 5604.1 in the sales contract; Provided, that the purchaser signs an acknowledgement that he or she has read the disclosure prior to signing the balance of the contract, and the language of the disclosure is approved by the Director.

SOURCE: Final Rulemaking published at 40 DCR 7835, 7850 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).