Credit due purchaser at closing if report not furnished. Exception. Civil action for nondisclosure of certain defects

(a) On or after January 1, 1996, every agreement to purchase residential real estate, for which a written residential condition report is, or written residential condition reports are, required pursuant to section 20-327b, shall include a requirement that the seller credit the purchaser with the sum of five hundred dollars at closing should the seller fail to furnish the written residential condition report or reports as required by sections 20-327b to 20-327e, inclusive. (b) No seller who credits a purchaser pursuant to subsection (a) of this section shall, by reason of such credit, be excused from disclosing to the purchaser any defect in the residential real estate if such defect: (1) Is subject to disclosure pursuant to section 20-327b; (2) Is within the seller's actual knowledge of such residential real estate; and (3) Significantly impairs (A) the value of such residential real estate, (B) the health or safety of future occupants of such residential real estate, or (C) the useful life of such residential real estate. (c) A purchaser may, without limiting any other remedies available to the purchaser, bring a civil action in the judicial district in which the residential real estate is located to recover actual damages from a seller who fails to disclose to such purchaser any defect described in subsection (b) of this section.