§508D-9  Good faith and due care in
preparing the disclosure statement.  (a)  A seller or the seller's agent
shall prepare the disclosure statement in good faith and with due care.  A
buyer shall have no cause of action against a seller or seller's agent for,
arising out of, or relating to the providing of a disclosure statement when the
disclosure statement is prepared in good faith and with due care.  For purposes
of this section, "in good faith and with due care" includes honesty
in fact in the investigation, research, and preparation of the disclosure
statement and may include information on the following:



(1)  Facts based on only the seller's personal
knowledge;



(2)  Facts provided to the seller by governmental
agencies and departments;



(3)  Existing reports prepared for the seller by
third-party consultants, including without limitation a:



(A)  Licensed engineer;



(B)  Land surveyor;



(C)  Geologist;



(D)  Wood-destroying insect control expert; or



(E)  Contractor, or other home inspection
expert;



dealing
with matters within the scope of the professional's license or expertise for
the purpose of the disclosure statement; and



(4)  Facts provided to the seller by a managing agent
of a homeowner's association, including without limitation, a condominium,
cooperative, or community association.



Notwithstanding this subsection, a seller or
seller's agent shall be under no obligation to engage the services of any
person in the investigation, research, or preparation of the disclosure
statement.  The failure to engage the services of any such person for this
purpose shall not be deemed an absence of good faith or due care by the seller
or the seller's agent in the investigation, research, or preparation of the
disclosure statement.



(b)  The representations contained in the
disclosure statement shall be construed to be made only to, and for the benefit
of, the buyer and shall be deemed accurate only as to the time when made,
except as otherwise provided in section 508D-13. [L 1994, c 214, pt of §2; am L
1996, c 161, §9; am L 2001, c 224, §5]