As of January 1, 2014 in the State of Connecticut, all sellers of residential real estate must sign an affidavit at closing stating that the home being sold is equipped with operating smoke and carbon monoxide detectors. It is my job as your attorney to make sure that you sign this affidavit; if you cannot due to the absence of any of these detectors in your home, you will be required to pay $250.00 to the buyer. The only time you would be exempt from signing this affidavit is if you are an executor, administrator, conservator, or trustee selling the property.
Because the affidavit simply states that the smoke and carbon monoxide detectors are functioning as of the date that the affidavit is signed, it is not the seller’s responsibility to provide the buyers with a $250.00 credit should the detectors stop functioning after the closing. To buyers and sellers alike: I suggest you test the detectors prior to closing to avoid any unwanted problems later on.
To know if the detectors are working correctly, sellers and buyers can find manufacturer’s directions using any Internet search engine.
To see what the State of Connecticut has outlined in the new Smoke and Carbon Monoxide Affidavit, click here.