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Pennsylvania Residential Real Estate Sales Disclosure Statement

Pennsylvania Real Estate Disclosure Form Withdrawal

Category:

Real Estate - Home Sale

State:

Pennsylvania

Control #:

PA-37014

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Description

The Pennsylvania real estate disclosure form withdrawal is a key document designed to inform buyers about the material condition of a property. Sellers are required to disclose all known defects that are not easily observable, facilitating transparency in real estate transactions. This form serves to protect both parties – the seller must provide accurate information, while the buyer is encouraged to seek further inspections if needed. It features sections requiring detailed responses on various aspects of the property, including the roof, plumbing, heating and air conditioning, and any known hazardous substances. For attorneys, paralegals, and legal assistants, the form is crucial for ensuring compliance with local laws and guiding clients through the disclosure process. They should advise clients to complete the form thoroughly, as omissions can lead to legal repercussions. The withdrawal of the form signifies a change in the seller's willingness to disclose prior material issues and may necessitate further legal consideration. Overall, this document is valuable for facilitating informed real estate transactions and protecting the interests of both sellers and buyers.

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How to fill out Pennsylvania Residential Real Estate Sales Disclosure Statement?

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FAQ

Such a seller may be held liable for the cost of repairs and other actual damages the buyer paid or will have to pay to correct the defect. In addition, a home seller might have to pay other damages. The Pennsylvania Real Estate Seller Disclosure Law allows a buyer to sue for three times the actual amount of damages. The Pennsylvania Seller's Property Disclosure:The Importance of ... moretskylaw.com ? 2022/05 ? the-pennsylvania-s... moretskylaw.com ? 2022/05 ? the-pennsylvania-s...

How Much Money Can the Buyer Ask For? If a Pennsylvania homebuyer can prove an intentional or fraudulent misrepresentation on the part of the seller or the selling broker, the buyer can ask for anything from the actual amount of the damage all the way up to three times the amount. Can You Sue If a Home Seller Lies or Conceals a Defect in Pennsylvania? nolo.com ? legal-encyclopedia ? can-you-su... nolo.com ? legal-encyclopedia ? can-you-su...

A seller must disclose to a buyer all known material defects about property being sold that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure requirements and to assist the buyer in evaluating the property being considered. 49 Pa. Code § 35.335a. Seller property disclosure statement. pacodeandbulletin.gov ? Display ? pacode pacodeandbulletin.gov ? Display ? pacode

By law, a Pennsylvania real estate sales agreement must provide a description of the property and any identifiable damage. Sellers must disclose any structural defects or problems tied into the property. This is to ensure buyers sign and agree to the sale with a full understanding of the property's condition. Real Estate Agreements in Pennsylvania: What You Need to ... hoegenlaw.com ? real-estate-agreements-in-penns... hoegenlaw.com ? real-estate-agreements-in-penns...

What Happens if a Seller Lies on a Property Disclosure Statement in Pennsylvania? If you knowingly submit false information about the property or fail to disclose pertinent information, you can be liable for lawsuit from the buyers.

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Residential Real Estate Sales Disclosure Statement

Pennsylvania Statutes

TITLE 68 REAL AND PERSONAL PROPERTY (Pa.C.S.A.)

PART III RESIDENTIAL REAL PROPERTY

CHAPTER 73 SELLER DISCLOSURES

68 Pa.C.S.A. Â§ 7301. Short title of chapter.

68 Pa.C.S.A. Â§ 7302. Application of chapter

68 Pa.C.S.A. Â§ 7303. Disclosure of material defects

68 Pa.C.S.A. Â§ 7304. Disclosure form

68 Pa.C.S.A. Â§ 7305. Delivery of disclosure form68 Pa.C.S.A. Â§ 7306. Information unavailable to seller

68 Pa.C.S.A. Â§ 7307. Information subsequently rendered inaccurate

68 Pa.C.S.A. Â§ 7308. Affirmative duty of seller

68 Pa.C.S.A. Â§ 7309. Nonliability of seller

68 Pa.C.S.A. Â§ 7310. Nonliability of agent

68 Pa.C.S.A. Â§ 7311. Failure to comply

68 Pa.C.S.A. Â§ 7312. Amendment of disclosure

68 Pa.C.S.A. Â§ 7313. Specification of items for disclosure no limitation on other disclosure obligations

68 Pa.C.S.A. Â§ 7314. Cause of action

68 Pa.C.S.A. Â§ 7315. Preemption of local requirements

68 Pa.C.S.A. Â§ 7301. Short title of chapter.

Text of section effective one year from December 20, 2000

This chapter shall be known and may be cited as the Real Estate Seller Disclosure Law.

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7302. Application of chapter

Text of section effective one year from December 20, 2000

(a) General rule. This chapter shall apply to all residential real estate transfers except the following:

(1) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.

(2) Transfers of new residential construction that has not been previously, occupied when:

(i) the buyer has received a one-year or longer written warranty covering such construction;

(ii) the dwelling has been inspected for compliance with the applicable building code or, if there is no applicable code, for compliance with a nationally recognized model building code; and

(iii) a certificate of occupancy or a certificate of code compliance has been issued for the dwelling.

(b) Limitations in the case of condominiums or cooperatives. Under Subpart B of Part II (relating to condominiums) or a similar provision of prior law or a cooperative as defined in section 4103 (relating to definitions), a seller shall be obligated to make disclosures under this chapter only with respect to the seller's own unit and shall not be obligated by this chapter to make any disclosure with respect to any common elements or common facilities of the condominium or cooperative. The provisions of section 3407 (relating to resales of units) shall control disclosures a seller is required to make concerning common elements in a condominium, and section 4409 (relating to resales of cooperative interests) shall control disclosures a seller is required to make concerning common elements in a cooperative.

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7303. Disclosure of material defects

Text of section effective one year from December 20, 2000

Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7304. Disclosure form

Text of section effective one year from December 20, 2000

(a) General rule. The form of property disclosure statement that satisfies the requirements of this chapter shall be promulgated by the State Real Estate Commission. Nothing in this chapter shall preclude a seller from using a form of property disclosure statement that contains additional provisions that require greater specificity or that call for the disclosure of the condition or existence of other features of the property.

(b) Contents of property disclosure statement. The form of property disclosure statement promulgated by the State Real Estate Commission shall call for disclosures with respect to all of the following subjects:

(1) Seller's expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements.

(2) When the property was last occupied by the seller.

(3) Roof.

(4) Basements and crawl spaces.

(5) Termites/wood destroying insects, dry rot and pests.

(6) Structural problems.

(7) Additions, remodeling and structural changes to the property.

(8) Water and sewage systems or service.

(9) Plumbing system.

(10) Heating and air conditioning.

(11) Electrical system.

(12) Other equipment and appliances included in the sale.

(13) Soils, drainage and boundaries.

(14) Presence of hazardous substances.

(15) Condominiums and other homeowners associations,

(16) Legal issues affecting title or that would interfere with use and enjoyment of the property.

(c) Transitional rule. Until a form of property disclosure statement has been promulgated by the commission, the form prescribed under the act of July 2, 1996 (P.L. 500, No. 84), [fn1] known as the Real Estate Seller Disclosure Act, shall be deemed to be the form contemplated under subsection (b).

[fn1] 68 P. S. Â§ 1021 et seq. (repealed).

2000, Dec. 20, P.L. 815, No, 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7305. Delivery of disclosure form

Text of section effective one year from December 20, 2000

(a) Method of delivery. The seller shall deliver the property disclosure statement to the buyer by personal delivery; first class mail; certified mail, return receipt requested; or facsimile transmission to the buyer or the buyer's agent.

(b) Parties to whom delivered. For purposes of this chapter, delivery to one prospective buyer or buyer's agent is deemed delivery to all persons intending to take title as co-tenants, joint tenants or as a tenant by the entireties with the buyer. Receipt may be acknowledged on the statement, in an agreement of transfer for the residential real property or shown in any other verifiable manner.

2000, Dec. 20, P.L.

Residential Real Estate Sales Disclosure Statement

Pennsylvania Statutes

TITLE 68 REAL AND PERSONAL PROPERTY (Pa.C.S.A.)

PART III RESIDENTIAL REAL PROPERTY

CHAPTER 73 SELLER DISCLOSURES

68 Pa.C.S.A. Â§ 7301. Short title of chapter.

68 Pa.C.S.A. Â§ 7302. Application of chapter

68 Pa.C.S.A. Â§ 7303. Disclosure of material defects

68 Pa.C.S.A. Â§ 7304. Disclosure form

68 Pa.C.S.A. Â§ 7305. Delivery of disclosure form68 Pa.C.S.A. Â§ 7306. Information unavailable to seller

68 Pa.C.S.A. Â§ 7307. Information subsequently rendered inaccurate

68 Pa.C.S.A. Â§ 7308. Affirmative duty of seller

68 Pa.C.S.A. Â§ 7309. Nonliability of seller

68 Pa.C.S.A. Â§ 7310. Nonliability of agent

68 Pa.C.S.A. Â§ 7311. Failure to comply

68 Pa.C.S.A. Â§ 7312. Amendment of disclosure

68 Pa.C.S.A. Â§ 7313. Specification of items for disclosure no limitation on other disclosure obligations

68 Pa.C.S.A. Â§ 7314. Cause of action

68 Pa.C.S.A. Â§ 7315. Preemption of local requirements

68 Pa.C.S.A. Â§ 7301. Short title of chapter.

Text of section effective one year from December 20, 2000

This chapter shall be known and may be cited as the Real Estate Seller Disclosure Law.

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7302. Application of chapter

Text of section effective one year from December 20, 2000

(a) General rule. This chapter shall apply to all residential real estate transfers except the following:

(1) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.

(2) Transfers of new residential construction that has not been previously, occupied when:

(i) the buyer has received a one-year or longer written warranty covering such construction;

(ii) the dwelling has been inspected for compliance with the applicable building code or, if there is no applicable code, for compliance with a nationally recognized model building code; and

(iii) a certificate of occupancy or a certificate of code compliance has been issued for the dwelling.

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7303. Disclosure of material defects

Text of section effective one year from December 20, 2000

2000, Dec. 20, P.L. 815, No. 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7304. Disclosure form

Text of section effective one year from December 20, 2000

(1) Seller's expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements.

(2) When the property was last occupied by the seller.

(3) Roof.

(4) Basements and crawl spaces.

(5) Termites/wood destroying insects, dry rot and pests.

(6) Structural problems.

(7) Additions, remodeling and structural changes to the property.

(8) Water and sewage systems or service.

(9) Plumbing system.

(10) Heating and air conditioning.

(11) Electrical system.

(12) Other equipment and appliances included in the sale.

(13) Soils, drainage and boundaries.

(14) Presence of hazardous substances.

(15) Condominiums and other homeowners associations,

(16) Legal issues affecting title or that would interfere with use and enjoyment of the property.

[fn1] 68 P. S. Â§ 1021 et seq. (repealed).

2000, Dec. 20, P.L. 815, No, 114, Â§ 1, effective in one year.

68 Pa.C.S.A. Â§ 7305. Delivery of disclosure form

Text of section effective one year from December 20, 2000

2000, Dec. 20, P.L.

Pennsylvania Real Estate Disclosure Form Withdrawal

Description

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How to fill out Pennsylvania Residential Real Estate Sales Disclosure Statement?

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FAQ

Can a buyer sue a seller after closing in PA?

What if a seller lied on disclosure in PA?

Is seller's disclosure mandatory in Pennsylvania?

What is required in Pennsylvania real estate transactions?

What happens if a seller lies on a disclosure in Pennsylvania?

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Pennsylvania Real Estate Disclosure Form Withdrawal

Description

Related legal definitions

Viewed forms

How to fill out Pennsylvania Residential Real Estate Sales Disclosure Statement?

Form popularity

FAQ

Can a buyer sue a seller after closing in PA?

What if a seller lied on disclosure in PA?

Is seller's disclosure mandatory in Pennsylvania?

What is required in Pennsylvania real estate transactions?

What happens if a seller lies on a disclosure in Pennsylvania?

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