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. § 7301. Short title of chapter.
68 Pa.C.S.A. § 7302. Application of chapter
68 Pa.C.S.A. § 7303. Disclosure of material defects
68 Pa.C.S.A. § 7304. Disclosure form
68 Pa.C.S.A. § 7305. Delivery of disclosure form68 Pa.C.S.A. § 7306. Information unavailable to seller
68 Pa.C.S.A. § 7307. Information subsequently rendered inaccurate
68 Pa.C.S.A. § 7308. Affirmative duty of seller
68 Pa.C.S.A. § 7309. Nonliability of seller
68 Pa.C.S.A. § 7310. Nonliability of agent
68 Pa.C.S.A. § 7311. Failure to comply
68 Pa.C.S.A. § 7312. Amendment of disclosure
68 Pa.C.S.A. § 7313. Specification of items for disclosure no limitation
on other disclosure obligations
68 Pa.C.S.A. § 7314. Cause of action
68 Pa.C.S.A. § 7315. Preemption of local requirements
68 Pa.C.S.A. § 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, § 1, effective
in one year.
68 Pa.C.S.A. § 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:
(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, § 1, effective in
one year.
68 Pa.C.S.A. § 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, § 1, effective in one year.
68 Pa.C.S.A. § 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.
(5) Termites/wood destroying insects,
dry rot and pests.
(7) Additions, remodeling and structural
changes to the property.
(13) Soils, drainage and boundaries.
(15) Condominiums and other homeowners
associations,
(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. § 1021 et seq. (repealed).
2000, Dec. 20, P.L. 815, No, 114, § 1, effective in
one year.
68 Pa.C.S.A. § 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.
