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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6101 - Definitions

§ 6101. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The Board of Property.
"Commission."
The Pennsylvania Historical and Museum Commission.
"Department."
The Department of Conservation and Natural Resources of the Commonwealth.
"Institution."
Any:
(1) healing, preventive mental health, educational, correctional or penal institution;
(2) almshouse; or
(3) county or city home;
operated by the Commonwealth or a political subdivision.
"Municipality authority."
A county, county authority, municipality authority, city, borough, town, township or school district.
"Public lands."
Includes all of the following:
(1) All lands within the territorial limits of the Commonwealth which have not been confirmed to the former proprietaries or their grantees by the act of November 27, 1779 (1 Sm.L.479, Ch.863), entitled "An act for vesting the estates of the late proprietaries of Pennsylvania in this commonwealth," and which have not been granted, conveyed or patented by the Commonwealth to the United States, the Commonwealth or any administrative branch or department of either or to any person or corporation, public or private.
(2) All vacant and unappropriated lands; all lands for which application has been made or warrants have been granted by the Commonwealth, the titles to which have not been completed by the granting of patents; and all other lands which have been sold by commissioners appointed under acts of the General Assembly, the titles to which have not been completed by the granting of patents.
The term does not include lands formerly granted, conveyed or patented by the proprietaries or by the Commonwealth to a person which have subsequently become the property of the Commonwealth by escheat, condemnation, confiscation, dedication, gift, grant, purchase or otherwise.
"Secretary."
The Secretary of Conservation and Natural Resources of the Commonwealth.
"Unappropriated lands."
Lands for which no patent has been issued by the Commonwealth.
"Unimproved lands."
Lands which show no signs of occupancy or cultivation.
"Vacant lands."
Lands to which no office rights are outstanding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6102 - Duties of commission

§ 6102. Duties of commission.
The commission has the following powers and duties:
(1) To act as the Land Office of the Commonwealth, maintaining and preserving the records of all conveyances from the proprietaries and the Commonwealth to the purchasers of land, including applications, warrants, return of surveys and reports denying applications.
(2) To maintain and preserve:
(i) papers relating to the surveys of this Commonwealth and county lines;
(ii) reports of commissioners relating to the boundary lines of this Commonwealth;
(iii) maps and other papers lodged with the Land Office and pertaining to the colonial history of this Commonwealth;
(iv) the minutes of the Canal Commissioners;
(v) contracts for section profile maps;
(vi) other records relating to the public works; and
(vii) relevant records relating to titles to real estate owned or to be acquired by the Commonwealth.
(3) To furnish copies of records and documents in accordance with statutory or regulatory fees.
(4) To promulgate regulations to administer this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6103 - Application

§ 6103. Application.
(a) Commonwealth rights.--
The right of a person to a patent for vacant or unappropriated lands is subject to the right of the department to formally acquire for the department on behalf of the Commonwealth and have vacant or unappropriated lands patented to the Commonwealth for State forest purposes or State park purposes as provided by section 6105 (relating to acquisition determination).
(b) Survey.--
A person may apply for a warrant to have a survey made of any tract of vacant or unappropriated land.
(c) Investigation.--
The department, with the cooperation of the commission, shall investigate to determine whether office rights have been granted for a tract of land and whether the tract of land is vacant or unappropriated if an applicant does all of the following:
(1) Completes an application prescribed by the department.
(2) Gives 30 days' notice of the filing of the application by publication once a week for three successive weeks in a newspaper of general circulation in the area where the land is situate. The applicant must furnish proof of publication to the department.
(3) Submits a certified abstract of title.
(4) Submits the survey under subsection (b).
Cross References.
Section 6103 is referred to in section 6108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6104 - Report

§ 6104. Report.
(a) Total.--
If the department determines that the land applied for is not vacant or unappropriated, it shall file its report.
(b) Partial.--
If the report discloses that a part only of the land applied for is not vacant or unappropriated, the applicant may proceed with respect to the balance under section 6106 (relating to State forests).
(c) Appeal.--
The report shall be conclusive upon the applicant, subject to the right of the applicant to appeal to the board within 30 days under regulations of the board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6105 - Acquisition determination

§ 6105. Acquisition determination.
(a) Requirement.--
If the department finds the land to be vacant and unimproved or unappropriated and unimproved, the secretary shall determine whether it is desirable and practicable for the department to formally acquire the land for State forest purposes or State park purposes.
(b) Action.--
Within two months of receipt of the application, the department shall do all of the following:
(1) Make one of the following determinations:
(i) To maintain the land on behalf of the Commonwealth. A determination under this subparagraph must be signed by the secretary and be accompanied by an abstract with certificate and a survey.
(ii) To relinquish the Commonwealth's rights to the land.
(2) Notify the applicant of the determination under paragraph (1).
Cross References.
Section 6105 is referred to in sections 6103, 6106, 6107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6106 - State forests

§ 6106. State forests.
Upon a determination under section 6105(b)(1)(i) (relating to acquisition determination), a patent to the land shall issue, on approval of the Governor, to the department for State forest purposes or State park purposes without the payment of purchase money, interest or fees.
Cross References.
Section 6106 is referred to in section 6104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6107 - Appraisals

§ 6107. Appraisals.
(a) Requirement.--
Upon a determination under section 6105(b)(1)(ii) (relating to acquisition determination), the land shall be appraised by a certified independent real estate appraiser selected by the department.
(b) Procedure.--
(1) The appraiser must swear or affirm before an officer authorized to administer oaths:
(i) faithfully to perform the duties prescribed in this section; and
(ii) that the appraiser is not directly or indirectly interested in the application.
(2) The appraiser shall determine the value of the real estate, taking into consideration soil, timber, fisheries, minerals, location and other natural characteristics of the land. In the case of improved land, the value of the improvements not made by the Commonwealth may not be included in the valuation.
(3) The appraiser shall prepare and transmit the appraisal to the department.
Cross References.
Section 6107 is referred to in section 6108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6108 - Patents

§ 6108. Patents.
(a) Costs.--
Upon receipt of an appraisal under section 6107 (relating to appraisals), the department shall notify the applicant and request the amount due the Commonwealth. The expenses incident to the investigation, advertising, survey and appraisal must be paid by the applicant.
(b) Issuance.--
The department shall issue a patent to an applicant upon completion of all of the following:
(1) Approval by the department of the material required by section 6103(c)(4) (relating to application).
(2) Payment of the amount under subsection (a). If the applicant does not make payment within three months from the request under subsection (a), the applicant shall be deemed to have abandoned the application, and the department may:
(i) grant a patent to a subsequent applicant upon payment of the amount under subsection (a); or
(ii) if more than one year has elapsed since the receipt of the appraisal, require a current appraisal.
(3) Compliance with law, including regulations promulgated by the department.
(4) Final disposition in the applicant's favor of any entered caveat.
(5) Approval by the Governor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6110 - Issuance of patents for unappropriated lands

§ 6110. Issuance of patents for unappropriated lands.
The department shall, upon the presentation and approval of an application with satisfactory proof of ownership, including current survey and abstract of title, and the payment of patent fees amounting to $25, with the approval of the Governor, grant a patent if all of the following apply:
(1) The records of the commission demonstrate that there have been warrants granted by the Commonwealth for lands authorized to be sold by statute or by statutorily appointed commissioners.
(2) Titles to the warrants under paragraph (1) have not been completed by the granting of patents.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6111 - Satisfaction of claims

§ 6111. Satisfaction of claims.
(a) Scope.--
This section applies to land in this Commonwealth for which there is an outstanding office right granted before January 1, 1935.
(b) Authorization.--
Upon payment of the fee under subsection (c), the department may do all of the following:
(1) Cancel liens, bonds and mortgages held by the department for unpaid purchase money and interest.
(2) Record the satisfaction of the obligation under paragraph (1).
(3) Certify the action taken under this subsection.
(c) Fee.--
There is a fee of $25 for each tract of land upon which an obligation is released under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6112 - Prohibition of warrants

§ 6112. Prohibition of warrants.
(a) General rule.--
Except as set forth in subsection (b), a warrant or other office right shall not issue for public land if any of the following apply:
(1) Settlement has been made on the land. This paragraph does not apply if the settlement has been abandoned continuously since January 1, 1935. If the settlement has been abandoned continuously since January 1, 1935, the land shall be deemed to be vacant or unappropriated.
(2) The land is totally or partially cleared and fenced.
(3) The land is otherwise improved, used or occupied and held by defined boundaries. This paragraph does not apply if the improvement has been abandoned continuously since January 1, 1935. If the improvement has been abandoned continuously since January 1, 1935, the land shall be deemed to be vacant or unappropriated.
(b) Exception.--
A warrant or other office right for public land may issue to the person that has made the settlement or done the clearing, fencing or improvement. This subsection applies to any successor in interest to the person.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6113 - Caveats

§ 6113. Caveats.
(a) Authority.--
A person with a claim on land for which a warrant application has been made under this chapter may file a caveat with the department.
(b) Costs.--
The caveator must deposit with the caveat a filing fee determined by the department and, in the case of vacant land, purchase money. The purchase money shall be returned to the caveator, less costs incurred by the board, if the board decides against the caveator and the caveator does not appeal the decision. If the caveator appeals the decision, the purchase money shall be held and disposed of as directed by the court making the final decision on the appeal.
(c) Limitation.--
A caveat must be filed prior to the granting of the patent. No caveat shall be recognized for land after the patent of the Commonwealth has been granted for the land.
(d) Procedure.--
Upon filing of a caveat, the department shall notify the original applicant and forward the application for warrant and the caveat, with all related instruments, to the board for decision.
(e) Effect.--
The filing of a caveat shall suspend issuance of the patent until the board disposes of the matter.
(f) Perfection.--
If the board decides in favor of the caveator, the caveator must proceed promptly to perfect title under this chapter and in compliance with regulations of the department, or the caveator shall be deemed to have abandoned the claim and right.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 61 - Vacant and Unimproved Public Lands › Section 6114 - Refund

§ 6114. Refund.
If the board decides against the issuing of a warrant or other office right, any purchase money paid shall be returned to the applicant, less all expenses incurred by the department and board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 71 - General Provisions › Section 7102 - Definitions

§ 7102. Definitions.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agent."
Any broker, associate broker or salesperson, as defined in the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.
"Agreement of transfer."
A contract between a buyer and seller setting forth the terms of a residential real estate transfer.
"Buyer."
Any person receiving any estate or interest in real property in a transfer subject to this part.
"Commission."
The State Real Estate Commission.
"Final settlement."
The time at which the buyer and seller have signed and delivered all papers and consideration necessary to convey title to the estate or interest in real property being conveyed.
"Material defect."
A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
"Seller."
Any person transferring any estate or interest in residential real property in a transfer subject to this part.
"Storm water facility."
A basin, pond, ditch, drain, swale, culvert, pipe or other manmade feature of land which was constructed in accordance with Federal, State or local law or regulation to temporarily or permanently convey or manage storm water.
(June 19, 2015, P.L.23, No.6, eff. imd.)
2015 Amendment. Act 6 added the def. of "storm water facility."
Cross References.
Section 7102 is referred to in sections 7502, 7508 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 71 - General Provisions › Section 7103 - Application of part

§ 7103. Application of part.
(a) General rule.--
This part shall apply to and the term "residential real estate transfer" when used in this part shall mean a transfer of any interest in real property located within this Commonwealth, other than a transfer described in subsection (b), that consists of not less than one nor more than four residential dwelling units, whether by sale, exchange, installment sales contract, lease with an option to purchase, grant or transfer of unit in a residential condominium or cooperative.
(b) Exceptions.--
This part shall not apply to a transfer:
(1) Pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain and condemnation and transfers resulting from a decree for specific performance.
(2) To a mortgagee by a mortgagor or successor in interest who is in default; to a beneficiary of a deed of trust by a trustee or successor in interest who is in default; by any foreclosure sale after default in an obligation secured by a mortgage; by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale; or by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or who has acquired the real property by a deed in lieu of foreclosure.
(3) From one co-owner to one or more other co-owners.
(4) Made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
(5) Between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to the decree.
(6) By a corporation, partnership or other association to its shareholders, partners or other equity owners in connection with the liquidation of the corporation, partnership or other association.
(7) Of a property to be converted by the buyer into a use other than residential use or to be demolished.
(8) Of unimproved real property.
Cross References.
Section 7103 is referred to in section 7502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Extra - Chapter Notes

Enactment.
Chapter 73 was added December 20, 2000, P.L.815, No.114, effective in one year.
Cross References.
Chapter 73 is referred to in section 7503 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7302 - Application of chapter

§ 7302. Application of chapter.
(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.--
Any seller of a unit in a condominium created 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) 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7303 - Disclosure of material defects

§ 7303. Disclosure of material defects.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7304 - Disclosure form

§ 7304. Disclosure form.
(a) General rule.--
A 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, boundaries and sinkholes.
(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.
(17) Condition, if known, and location of all storm water facilities, including a statement disclosing whether ongoing maintenance of the storm water facilities is the responsibility of the property owner or the responsibility of another person or entity.
(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), known as the Real Estate Seller Disclosure Act, shall be deemed to be the form contemplated under subsection (b).
(June 19, 2015, P.L.23, No.6, eff. imd.)
2015
Amendment.
Act 6 amended subsec. (b)(13) and added subsec. (b)(17). See section 3 of Act 6 in the appendix to this title for special provisions relating to revisions to property disclosure statement.
References in Text.
The act of July 2, 1996, P.L.500, No.84, known as the Real Estate Seller Disclosure Act, referred to in subsec. (c), was repealed by the act of December 20, 2000, P.L.815, No.114. The subject matter is now contained in Part III of this title.
Cross References.
Section 7304 is referred to in section 7303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7305 - Delivery of disclosure form

§ 7305. Delivery of disclosure form.
(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.
Cross References.
Section 7305 is referred to in section 7303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7306 - Information unavailable to seller

§ 7306. Information unavailable to seller.
If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the seller, the seller may make a disclosure based on the best information available to the seller.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7307 - Information subsequently rendered inaccurate

§ 7307. Information subsequently rendered inaccurate.
If information disclosed in accordance with this chapter is subsequently rendered inaccurate prior to final settlement as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the seller shall notify the buyer of the inaccuracy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7308 - Affirmative duty of seller

§ 7308. Affirmative duty of seller.
The seller is not obligated by this chapter to make any specific investigation or inquiry in an effort to complete the property disclosure statement. In completing the property disclosure statement, the seller shall not make any representations that the seller or the agent for the seller knows or has reason to know are false, deceptive or misleading and shall not fail to disclose a known material defect.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7309 - Nonliability of seller

§ 7309. Nonliability of seller.
(a) General rule.--
A seller shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this chapter if:
(1) the seller had no knowledge of the error, inaccuracy or omission;
(2) the error, inaccuracy or omission was based on a reasonable belief that a material defect or other matter not disclosed had been corrected; or
(3) the error, inaccuracy or omission was based on information provided by a public agency, home inspector, contractor or person registered or licensed under an act referred to in section 7503(a) (relating to relationship to other laws) about matters within the scope of the agency's jurisdiction or such other person's occupation and the seller had no knowledge of the error, inaccuracy or omission.
(b) Delivery of information by public agency.--
The delivery of any information required to be disclosed by this chapter to a prospective buyer by a public agency or other person providing information required to be disclosed under this chapter shall be deemed to comply with the requirements of this chapter and shall relieve the seller or the agent of the seller from any further duty under this chapter with respect to that item of information.
(c) Report by expert.--
The delivery of a report or opinion prepared by a home inspector, contractor or person registered or licensed under an act referred to in section 7503(a) dealing with matters within the scope of the person's registration, license or expertise shall be sufficient compliance for application of the exemption provided under subsection (a)(3) if the information is provided to the prospective buyer in writing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7310 - Nonliability of agent

§ 7310. Nonliability of agent.
An agent of a seller or a buyer shall not be liable for any violation of this chapter unless the agent had actual knowledge of a material defect that was not disclosed to the buyer or of a misrepresentation relating to a material defect.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7311 - Failure to comply

§ 7311. Failure to comply.
(a) General rule.--
A residential real estate transfer subject to this chapter shall not be invalidated solely because of the failure of any person to comply with any provision of this chapter. However, any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the buyer as a result of a violation of this chapter. This subsection shall not be construed so as to restrict or expand the authority of a court to impose punitive damages or apply other remedies applicable under any other provision of law.
(b) Statute of limitations.--
An action for damages as a result of a violation of this chapter must be commenced within two years after the date of final settlement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7313 - Specification of items for disclosure no limitation on other disclosure obligations

§ 7313. Specification of items for disclosure no limitation on other disclosure obligations.
(a) General rule.--
The specification of items for disclosure in this chapter or in any form of property disclosure statement promulgated by the State Real Estate Commission does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation or deceit in the transaction.
(b) Responsibility of licensee.--
Nothing in this chapter shall abrogate or diminish the responsibility of a licensee under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.
(c) Duty to provide form.--
An agent representing a seller must advise a seller of the seller's responsibilities under this chapter and must provide the seller with a copy of the form of property disclosure statement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7314 - Cause of action

§ 7314. Cause of action.
A buyer shall not have a cause of action under this chapter against the seller or the agent for either or both of the seller or the buyer for:
(1) material defects to the property disclosed to the buyer prior to the signing of an agreement of transfer by the seller and buyer;
(2) material defects that develop after the signing of the agreement of transfer by the seller and buyer; or
(3) material defects that occur after final settlement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 73 - Seller Disclosures › Section 7315 - Preemption of local requirements

§ 7315. Preemption of local requirements.
(a) General rule.--
Except as provided in subsection (b), a municipality or local authority shall not have the power to mandate that:
(1) a seller or an agent of either or both the seller and the buyer make any particular disclosures to the buyer in connection with a residential real estate transfer; or
(2) provisions on any particular subject be included in an agreement of transfer.
(b) Exception.--
Subsection (a) shall not apply to an ordinance or regulation adopted by a municipality or local authority before the effective date of this section, and such an ordinance or regulation shall continue in full force and effect, except that the municipality or local authority shall not have the power after that date to amend the ordinance or regulation in a manner that:
(1) imposes new or expanded disclosure requirements;
(2) increases the scope of any provision that must be included in an agreement of transfer; or
(3) imposes new requirements on any agent, buyer or seller involved in a residential real estate transfer.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7402 - Definitions

§ 7402. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The executive board or board of directors of a common interest ownership community.
"Common interest ownership community."
Includes:
(1) A condominium as defined in section 3103 (relating to definitions).
(2) A cooperative as defined in section 4103 (relating to definitions).
(3) A planned community as defined in section 5103 (relating to definitions).
"Department."
The Department of Community and Economic Development of the Commonwealth.
"Instrument."
A deed, mortgage, declaration of restrictive covenants, conditions or covenants, easement or other similar document.
"Recorder."
As follows:
(1) A county recorder of deeds or a county official or department responsible for the recording of documents in a county without a recorder of deeds.
(2) The term includes the Philadelphia Department of Records and the Allegheny County Department of Real Estate.
"Unlawful restrictive covenant."
A covenant or other provision that purports to restrict ownership or occupancy of real property on the basis of a practice or policy of discrimination against individuals or groups covered under the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, or 42 U.S.C. Ch. 45 (relating to fair housing) or which may hereafter become a protected class under Federal or State law. The term does not include a covenant or restriction affixed to a property by a religious organization that prevents the use of the property for purposes that would offend that religious organization or an age-based covenant or restriction intended to create a senior living community.
Effective Date.
Section 2(1)(i) of Act 54 of 2023 provided that section 7402 shall take effect immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7403 - Nullification of existing unlawful restrictive covenants

§ 7403. Nullification of existing unlawful restrictive covenants.
(a) Unenforceable covenants.--
An unlawful restrictive covenant contained in an instrument affecting title to real property, whether or not recorded, in this Commonwealth shall be null, void and unenforceable ab initio without need for further action by any person or recorder.
(b) Combined covenants.--
If an unlawful restrictive covenant is contained in an instrument affecting title to real property that also contains other covenants or provisions that are not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument, shall not be affected by the nullification, voiding and unenforceability of the unlawful restrictive covenant.
Effective Date.
Section 2(1)(i) of Act 54 of 2023 provided that section 7403 shall take effect immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7404 - Repudiation of unlawful restrictive covenants

§ 7404. Repudiation of unlawful restrictive covenants.
(a) Landowner may file form.--
An owner of real property, including a common interest ownership community, with an unlawful restrictive covenant recorded in the instrument may file a form described in section 7405 (relating to form for repudiation) with the recorder in the county where the real property is located to repudiate the unlawful restrictive covenant.
(b) Electronic filing.--
A form filed under subsection (a) shall be in writing and may be filed electronically if the county allows for electronic recording of deeds.
(c) Duty of recorder.--
The recorder shall record the form submitted under subsection (a).
(d) Fees prohibited.--
A recorder may not assess a fee for the filing of a form under this section.
(e) Separation of covenant from instrument.--
When the form submitted under subsection (a) is properly recorded, the repudiation of the unlawful restrictive covenant is effective and does not affect the validity of the instrument. The instrument shall be construed as if the unlawful restrictive covenant was never contained in the instrument.
Cross References.
Section 7404 is referred to in section 7407 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7405 - Form for repudiation

§ 7405. Form for repudiation.
(a) Development.--
No later than 90 days after the effective date of this section, the department shall develop and release a standardized form for landowners or other persons with an interest in real property to file with the recorder to repudiate an unlawful restrictive covenant within the interested person's instrument.
(b) Distribution.--
No later than 30 days after the standardized form required in subsection (a) is approved in final form by the department, the department shall provide a "Repudiation of Unlawful Restrictive Covenant" form to each recorder in this Commonwealth and publish the form on the department's publicly accessible Internet website.
Cross References.
Section 7405 is referred to in section 7404 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7406 - Unlawful restrictive covenants in declarations of common interest ownership communities

§ 7406. Unlawful restrictive covenants in declarations of common interest ownership communities.
(a) Board vote for removal.--
Notwithstanding any other provision of law, a board of a common interest ownership community may, upon receipt of an opinion by independent legal counsel, consider an unlawful restrictive covenant to be repudiated by a vote of a majority of the members of the board and without further need for a vote by unit owners or approval from lenders on individual units, thereby repudiating the unlawful restrictive covenant.
(b) Unit owner request for repudiation.--
If a unit owner in a common interest ownership community submits a written request to the board to repudiate an unlawful restrictive covenant, the board shall, no later than 90 days after receipt of the request, hold a meeting to determine whether an unlawful restrictive covenant exists and should be repudiated. If the board finds that an unlawful restrictive covenant exists and should be repudiated, the board shall take swift action to record the repudiation form.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 74 - Repudiation of Discriminatory Real Estate Covenants › Section 7407 - Unlawful restrictive covenants not in declarations of common interest ownership communities

§ 7407. Unlawful restrictive covenants not in declarations of common interest ownership communities.
If an instrument in the chain of title to the common elements in a condominium, in the common facilities or controlled facilities in a planned community or in the chain of title to a real estate cooperative includes an unlawful restrictive covenant, the board may perform a landowner repudiation in accordance with section 7404 (relating to repudiation of unlawful restrictive covenants).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7502 - Definitions and index of definitions

§ 7502. Definitions and index of definitions.
(a) Definitions.--
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Home inspection."
A noninvasive visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and essential components of a residential dwelling designed to identify material defects in those systems and components and performed for a fee in connection with or preparation for a proposed or possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any confusingly similar term. The term does not include an examination of a single system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does not include an examination that is limited to inspection for or of one or more of the following: wood destroying insects, underground tanks and wells, septic systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and environmental hazards.
"Home inspection report."
A written report on the results of a home inspection.
"Home inspector."
An individual who performs a home inspection.
"National home inspectors association."
Any national association of home inspectors that:
(1) Is operated on a not-for-profit basis and is not operated as a franchise.
(2) Has members in more than ten states.
(3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection.
(4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership.
(b) Index of other definitions.--
The following is a nonexclusive list of other definitions applying to this chapter and the sections in which they appear:
"Agent."
Section 7102 (relating to definitions).
"Agreement of transfer."
Section 7102 (relating to definitions).
"Buyer."
Section 7102 (relating to definitions).
"Material defect."
Section 7102 (relating to definitions).
"Residential real estate transfer."
Section 7103 (relating to application of part).
"Seller."
Section 7102 (relating to definitions).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7503 - Relationship to other laws

§ 7503. Relationship to other laws.
(a) General rule.--
Nothing in this chapter shall be construed to allow a home inspector who is not registered or licensed under one or more of the following laws to perform any activity that would constitute the practice of the profession regulated by that law:
(1) The act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law.
(2) The act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.
(3) The act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973.
(4) The act of December 14, 1982 (P.L.1227, No.281), known as the Architects Licensure Law.
(5) The act of July 9, 1987 (P.L.238, No.43), known as the Radon Certification Act.
(6) The act of July 10, 1990 (P.L.404, No.98), known as the Real Estate Appraisers Certification Act.
(b) Exclusions.--
This chapter shall not:
(1) Apply to a person registered or licensed under an act referred to in subsection (a) when acting pursuant to his registration or license.
(2) Apply to an officer or employee of a municipality or local authority when acting in his official capacity.
(3) Affect the obligations or immunities of a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, that are imposed or provided by that act or Chapter 73 (relating to seller disclosures) when the person is acting pursuant to his license.
(4) Affect the obligations or immunities of a person certified under the Real Estate Appraisers Certification Act when the person is acting pursuant to the person's license.
Cross References.
Section 7503 is referred to in sections 7309, 7513 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 75 - Home Inspections › Section 7504 - Duty of care of home inspectors

§ 7504. Duty of care of home inspectors.
(a) General rule.--
It is the duty of a home inspector to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise.
(b) Standard.--
In ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, the court shall consider the standards of practice and codes of ethics of national home inspector associations.