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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | June 18, 2013 01:16 PM |
|---|---|
| From: | Representative William C. Kortz, II |
| To: | All House members |
| Subject: | Request for Co-Sponsorship—Resolution Urging the State Real Estate Commission to require the disclosure of “accessible attic” conditions in the Seller’s Property Disclosure Statement |
| In the near future I plan to introduce a resolution that would urge the State Real Estate Commission to require the disclosure of accessible attic conditions in the Seller’s Property Disclosure Statement. As you are probably aware, homebuyers heavily rely on the information provided within a Seller’s Property Disclosure Statement when considering which property is the best choice to purchase. 49 Pa.Code section 35.335a sets forth a standard form, the Seller’s Property Disclosure Statement, that sellers can use to satisfy the minimum statutory requirement to disclose any material defects with their property. However, the State Real Estate Commission can further promulgate regulations that would require sellers to disclose other aspects of a property to perpetuate greater consumer awareness and safety. Currently, the Seller’s Property Disclosure Statement requires property owners to disclose the conditions of many structures and systems of a home, including some areas of a home that are prone to water leakage and dampness accumulation, such as basements and crawlspaces. It is well known, however, that in addition to basements and crawl spaces, attics are another area of a home that are prone to moisture damage—a condition that can potentially result in mold infestation, certain types of which can pose significant health risks to those living with the microorganisms. Nonetheless, the Seller’s Property Disclosure Statement, does not require sellers to disclose the condition of “accessible attics,” whether any water leaks or dampness accumulation have occurred, nor whether sellers have taken any measures to remediate those issues within attics. I was contacted by a constituent who purchased a home in which mold was present. After a few months, the constituent began to notice mold growing throughout the house. Later, her elderly mother, who also lived in the home, began suffering from severe respiratory complications—a condition that lead to her passing. After an investigation, the source of the mold growth was believed to have been the attic, where the previous owners had improperly installed insulation; thus, creating a moist environment for mold to flourish throughout the home. According to the Allegheny County Health Department, the mold was so prevalent in the home that the dwelling was deemed uninhabitable in its condition. And, on top of losing her mother, the constituent was not able to afford remediation services and lost her home as well. Being aware of the conditions of areas in a home, especially those that are prone to water damage and dampness, is extremely important to homebuyers as they determine the habitability and affordability of a property. It is my hope that by encouraging the State Reals Estate Commission to amend the regulation Seller’s Property Disclosure Statement to require property owners to also disclose the condition of accessible attics, we can better protect prospective home buyers, like my constituent, from the financial, physical and emotional trauma that can arise from the presence of mold. Please join me in co-sponsoring this important consumer protection resolution. |
Introduced as HR399