1. A person interested in transferring real property, or a broker or salesperson acting on behalf of the person, shall deliver a written disclosure statement to a person interested in being transferred the real property. The disclosure statement must be delivered prior to either the transferor making a written offer for the transfer of the real property, or accepting a written offer for the transfer of the real property.
2. The disclosure statement shall be made by personal delivery, certified or registered mail, or electronic delivery to the transferee or to the transferee’s agent. If delivery is electronic, acknowledgment of receipt shall be provided pursuant to rules adopted by the commission. The delivery may be made to the spouse of the transferee, unless otherwise provided by the parties. If the disclosure statement is not timely delivered, the transferee may withdraw the offer or revoke the acceptance without liability, within three days following personal delivery of the statement or five days following electronic delivery or delivery by mail.
3. The disclosure statement may be filed with the county recorder with instruments affecting the transfer of real estate. However, the failure to file the statement shall not cause a defect in the title to the property. 93 Acts, ch 30, §4; 2017 Acts, ch 71, §16 Referred to in §558A.5 \n
Notes of Decisions
Cited in
13
cases (
4 in the last 5 years), 2004–2024 · leading case:
Jensen v. Sattler, 696 N.W.2d 582 (Iowa 2005).
Jensen v. Sattler, 696 N.W.2d 582 (Iowa 2005).
· cites it 9× “See Iowa Code § 558A.2 (1997) (requiring transferors of real estate to provide buyers a written disclosure statement).”
Hammes v. Jclb Props., LLC, 764 N.W.2d 552 (Iowa Ct. App. 2008).
· cites it 2× “Iowa Code § 558A.2. The statutory disclosure statement “shall include information relating to the condition and important characteristics of the property and structures located on the property.”
Wanfalt v. Burlington Bank & Trust, 729 N.W.2d 828 (Iowa Ct. App. 2007).
· cites it 4× “Iowa Code § 558A.2. The disclosure statement must include certain information about the "condition and important characteristics and structures on the property" as provided in rules adopted by the real estate commission.”
Sedgwick v. Bowers, 681 N.W.2d 607 (Iowa 2004).
· cites it 4× “However, when the Bowers sold the house, they had falsely represented in their disclosure statements required by Iowa Code section 558A.2(1) (1999) that they had never had water problems.”
James Payton v. John Digiacomo & Daveen Digiacomo, 874 N.W.2d 673 (Iowa Ct. App. 2015).
· cites it 2× “” See Iowa Code §§ 558A.2(1), .4(l)(a). Finally, Payton argued the DiGiacomos’ failure to comply with the chapter-558A requirement constituted a breach of the purchase agreement.”
David & Rachael Sokol v. Robert & Eileen Morrissey (Iowa Ct. App. 2017).
· cites it 3× “Following a bench trial, the district court found the Morrisseys had violated the disclosure requirement of Iowa Code section 558A.2 (2009), and awarded the Sokols limited damages.”
— Iowa Code § 558A.2(1) — 6 cases
Jensen v. Sattler, 696 N.W.2d 582 (Iowa 2005).
“See Iowa Code § 558A.2 (1997) (requiring transferors of real estate to provide buyers a written disclosure statement).”
Sedgwick v. Bowers, 681 N.W.2d 607 (Iowa 2004).
“However, when the Bowers sold the house, they had falsely represented in their disclosure statements required by Iowa Code section 558A.2(1) (1999) that they had never had water problems.”
James Payton v. John Digiacomo & Daveen Digiacomo, 874 N.W.2d 673 (Iowa Ct. App. 2015).
“” See Iowa Code §§ 558A.2(1), .4(l)(a). Finally, Payton argued the DiGiacomos’ failure to comply with the chapter-558A requirement constituted a breach of the purchase agreement.”
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