PRINTER'S NO. 1290
No. 1114 Session of 2001
INTRODUCED BY SAYLOR, BUNT, R. MILLER, BASTIAN, ARMSTRONG,
DALEY, M. BAKER, CALTAGIRONE, CAPPABIANCA, M. COHEN,
CREIGHTON, FAIRCHILD, FREEMAN, HORSEY, KENNEY, MACKERETH,
McCALL, MELIO, S. MILLER, PISTELLA, RAYMOND, RUBLEY, SATHER,
B. SMITH, SOLOBAY, STEELMAN, STERN, TIGUE, WALKO, C. WILLIAMS
AND YOUNGBLOOD, MARCH 21, 2001
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 21, 2001
AN ACT
1 Amending the act of July 2, 1996 (P.L.500, No.84), entitled "An
2 act providing for a real estate transfer disclosure
3 statement," further providing for the disclosure form.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5 of the act of July 2, 1996 (P.L.500,
7 No.84), known as the Real Estate Seller Disclosure Act, is
8 amended to read:
9 Section 5. Disclosure form.
10 The disclosures required by this act pertaining to the
11 property proposed to be transferred are set forth in and shall
12 be made on a form that is substantially similar to the following
13 disclosure form. Nothing in this act shall preclude a seller
14 from including in this form additional provisions which require
15 greater specificity or which call for the disclosure of the
16 condition or existence of other features of the property.
1 SELLER'S PROPERTY DISCLOSURE STATEMENT
2 Property address: .......................................
3 .........................................................
4 Seller: .................................................
5 A seller must disclose to a buyer all known material
6 defects about property being sold that are not readily
7 observable. This disclosure statement is designed to
8 assist the seller in complying with disclosure
9 requirements and to assist the buyer in evaluating the
10 property being considered.
11 This statement discloses the seller's knowledge of
12 the condition of the property as of the date signed by
13 the seller and is not a substitute for any inspections or
14 warranties that the buyer may wish to obtain. This
15 statement is not a warranty of any kind by the seller or
16 a warranty or representation by any listing real estate
17 broker, any selling real estate broker or their agents.
18 The buyer is encouraged to address concerns about the
19 conditions of the property that may not be included in
20 this statement. This statement does not relieve the
21 seller of the obligation to disclose a material defect
22 that may not be addressed on this form.
23 A material defect is a problem with the property
24 or any portion of it that would have a significant
25 adverse impact on the value of the residential real
26 property or that involves an unreasonable risk to
27 people on the land.
28 (1) Seller's expertise. The seller does not possess
29 expertise in contracting, engineering, architecture
30 or other areas related to the construction and
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1 conditions of the property and its improvements,
2 except as follows: ..................................
3 (2) Occupancy. Do you, the seller, currently occupy
4 this property? ..... yes ..... no
5 If "no," when did you last occupy the property? ....
6 (3) Roof.
7 (i) Date roof was installed: ......................
8 Documented? ..... yes ..... no ..... unknown
9 (ii) Has the roof been replaced or repaired during
10 your ownership? ..... yes ..... no
11 If "yes," were the existing shingles removed?
12 ..... yes ..... no ..... unknown
13 (iii) Has the roof ever leaked during your
14 ownership? ..... yes ..... no
15 (iv) Do you know of any problems with the roof,
16 gutters or downspouts? ..... yes ..... no
17 Explain any "yes" answers that you give in this section:
18 .........................................................
19 .........................................................
20 (4) Basements and crawl spaces (Complete only if
21 applicable).
22 (i) Does the property have a sump pump?
23 ..... yes ..... no ..... unknown
24 (ii) Are you aware of any water leakage,
25 accumulation or dampness within the basement or
26 crawl space? ..... yes ..... no
27 If "yes," describe in detail: ...................
28 .................................................
29 (iii) Do you know of any repairs or other attempts
30 to control any water or dampness problem in the
20010H1114B1290 - 3 -
1 basement or crawl space? ..... yes ..... no
2 If "yes," describe the location, extent, date
3 and name of the person who did the repair or
4 control effort: .................................
5 .................................................
6 (5) Termites/wood destroying insects, dry rot, pests.
7 (i) Are you aware of any termites/wood destroying
8 insects, dry rot or pests affecting the
9 property? ..... yes ..... no
10 (ii) Are you aware of any damage to the property
11 caused by termites/wood destroying insects, dry
12 rot or pests? ..... yes ..... no
13 (iii) Is your property currently under contract by
14 a licensed pest control company?
15 ..... yes ..... no
16 (iv) Are you aware of any termite/pest control
17 reports or treatments for the property in the
18 last five years? ..... yes ..... no
19 Explain any "yes" answers that you give in this section:
20 .........................................................
21 .........................................................
22 (6) Structural items.
23 (i) Are you aware of any past or present water
24 leakage in the house or other structures?
25 ..... yes ..... no
26 (ii) Are you aware of any past or present movement,
27 shifting, deterioration or other problems with
28 walls, foundations or other structural
29 components? ..... yes ..... no
30 (iii) Are you aware of any past or present problems
20010H1114B1290 - 4 -
1 with driveways, walkways, patios or retaining
2 walls on the property? ..... yes ..... no
3 Explain any "yes" answers that you give in this section.
4 When explaining efforts to control or repair, please
5 describe the location and extent of the problem and the
6 date and person by whom the work was done, if known:
7 .........................................................
8 .........................................................
9 (7) Additions/remodeling. Have you made any additions,
10 structural changes or other alterations to the
11 property? ..... yes ..... no
12 If "yes," please describe: ..........................
13 .....................................................
14 (8) Water and sewage.
15 (i) What is the source of your drinking water?
16 ..... public ..... community system
17 ..... well on property ..... other
18 If "other," please explain: .........................
19 .....................................................
20 (ii) If your drinking water source is not public:
21 when was your water last tested? ................
22 what was the result of the test? ................
23 Is the pumping system in working order?
24 ..... yes ..... no
25 If "no," please explain: ........................
26 .................................................
27 (iii) Do you have a softener, filter or other
28 purification system? ..... yes ..... no
29 If "yes," is the system: ..... leased ..... owned
30 (iv) What is the type of sewage system?
20010H1114B1290 - 5 -
1 ..... public sewer ..... private sewer
2 ..... septic tank ..... cesspool ..... other
3 If "other," please explain: .....................
4 .................................................
5 (v) Is there a sewage pump? ..... yes ..... no
6 If "yes," is it in working order?
7 ..... yes ..... no
8 (vi) When was the septic system or cesspool last
9 serviced? ......................................
10 (vii) Is either the water or sewage system shared?
11 ..... yes ..... no
12 If "yes," please explain: .......................
13 .................................................
14 (viii) Are you aware of any leaks, backups or other
15 problems relating to any of the plumbing, water
16 and sewage-related items? ..... yes ..... no
17 If "yes," please explain: .......................
18 .................................................
19 (9) Plumbing system.
20 (i) Type of plumbing: ..... copper ..... galvanized
21 ..... lead ..... PVC ..... unknown ..... other
22 If "other," please explain: .....................
23 .................................................
24 (ii) Are you aware of any problems with any of your
25 plumbing fixtures (including, but not limited
26 to: kitchen, laundry or bathroom fixtures, wet
27 bars, hot water heater, etc.)?
28 ..... yes ..... no
29 If "yes," please explain: .......................
30 .................................................
20010H1114B1290 - 6 -
1 (10) Heating and air conditioning.
2 (i) Type of air conditioning: ..... central electric
3 ..... central gas ..... wall ..... none
4 Number of window units included in sale: ........
5 Location: .......................................
6 .................................................
7 (ii) List any areas of the house that are not air
8 conditioned: ....................................
9 .................................................
10 (iii) Type of heating: ..... electric
11 ..... fuel oil ..... natural gas ..... other
12 If "other," please explain: .....................
13 .................................................
14 (iv) List any areas of the house that are not
15 heated: .........................................
16 (v) Type of water heating: ..... electric ..... gas
17 ..... solar ..... other
18 If "other," please explain: .....................
19 .................................................
20 (vi) Are you aware of any underground fuel tanks on
21 the property? ..... yes ..... no
22 If "yes," please describe: ......................
23 .................................................
24 Are you aware of any problems with any item in this
25 section? ..... yes ..... no
26 If "yes," please explain: ...............................
27 .........................................................
28 (11) Electrical system. Are you aware of any problems
29 or repairs needed in the electrical system?
30 ..... yes ..... no
20010H1114B1290 - 7 -
1 If "yes," please explain: ...........................
2 .....................................................
3 (12) Other equipment and appliances included in sale
4 (complete only if applicable).
5 (i) ..... Electric garage door opener
6 Number of transmitters .....
7 (ii) ..... Smoke detectors How many? .....
8 Location: .......................................
9 .................................................
10 (iii) ..... Security alarm system
11 ..... owned ..... leased
12 Lease information: ..............................
13 .................................................
14 (iv) ..... Lawn sprinkler
15 Number ..... Automatic timer .....
16 (v) ..... Swimming pool ..... Pool heater
17 ..... Spa/hot tub
18 List all pool/spa equipment: ...................
19 ................................................
20 (vi) ..... Refrigerator ..... Range
21 ..... Microwave oven ..... Dishwasher
22 ..... Trash compactor ..... Garbage disposal
23 (vii) ..... Washer ..... Dryer
24 (viii) ..... Intercom
25 (ix) ..... Ceiling fans ..... Number
26 Location: .......................................
27 (x) Other: ........................................
28 Are any items in this section in need of repair or
29 replacement? ..... yes ..... no ..... unknown
30 If "yes," please explain: ...............................
20010H1114B1290 - 8 -
1 .........................................................
2 (13) Land (soils, drainage and boundaries).
3 (i) Are you aware of any fill or expansive soil on
4 the property? ..... yes ..... no
5 (ii) Are you aware of any sliding, settling, earth
6 movement, upheaval, subsidence or earth stability
7 problems that have occurred on or that affect the
8 property? ..... yes ..... no
9 NOTE TO BUYER: Your property may be subject to mine
10 subsidence damage. Maps of the counties and mines where
11 mine subsidence damage may occur and mine subsidence
12 insurance are available through:
13 Department of Environmental Protection
14 Mine Subsidence Insurance Fund
15 3913 Washington Road
16 McMurray, PA 15317
17 412-941-7100
18 (iii) Are you aware of any existing or proposed
19 mining, strip mining or any other excavations
20 that might affect this property?
21 ..... yes ..... no
22 (iv) To your knowledge, is this property or part of
23 it located in a flood zone or wetlands area?
24 ..... yes ..... no
25 (v) Do you know of any past or present drainage or
26 flooding problems affecting the property?
27 ..... yes ..... no
28 (vi) Do you know of any encroachments, boundary
29 line disputes or easements? ..... yes ..... no
30 NOTE TO BUYER: Most properties have easements
20010H1114B1290 - 9 -
1 running across them for utility services and
2 other reasons. In many cases, the easements do
3 not restrict the ordinary use of the property,
4 and the seller may not be readily aware of them.
5 Buyers may wish to determine the existence of
6 easements and restrictions by examining the
7 property and ordering an abstract of title or
8 searching the records in the Office of the
9 Recorder of Deeds for the county before entering
10 into an agreement of sale.
11 (vii) Are you aware of any shared or common areas
12 (for example, driveways, bridges, docks, walls,
13 etc.) or maintenance agreements?
14 ..... yes ..... no
15 Explain any "yes" answers that you give in this section:
16 .........................................................
17 .........................................................
18 (viii) To your knowledge, is this property located
19 in an agricultural security area, an area zoned
20 agricultural or in a geographic area where agriculture
21 has traditionally been present? ..... yes .....no
22 NOTE TO BUYER: Since it is the declared policy of the
23 Commonwealth to conserve and protect its agricultural
24 land to encourage the development and improvement of its
25 agricultural operations for the production of food and
26 other agricultural products, this land is subjected to
27 the provisions of Pennsylvania Right to Farm Act (RTF).
28 The RTF helps to protect agricultural operations from
29 neighbors who want to challenge the way the agricultural
30 operations have operated. The Pennsylvania Right to Farm
20010H1114B1290 - 10 -
1 Law provides a Defense to Nuisance Actions for
2 agricultural operations that are substantially unchanged,
3 altered, or expanded if:
4 (1) the agricultural operation has been
5 operating lawfully without a complaint for one year
6 or more prior to the time when the operation is
7 claimed to be a nuisance; or
8 (2) the agricultural operation has adopted and
9 is operating in compliance with an approved nutrient
10 management plan.
11 Pennsylvania's Right to Farm Law does not prohibit
12 nuisance suits where the agricultural operation's
13 activity threatens the health or safety or welfare or the
14 authority of a municipality to enforce State law.
15 (14) Hazardous substances.
16 (i) Are you aware of any underground tanks or
17 hazardous substances present on the property
18 (structure or soil), including, but not limited
19 to, asbestos, polychlorinated biphenyls (PCBs),
20 radon, lead paint, urea-formaldehyde foam
21 insulation (UFFI), etc.? ..... yes ..... no
22 (ii) To your knowledge, has the property been tested
23 for any hazardous substances? ..... yes ..... no
24 (iii) Do you know of any other environmental
25 concerns that might impact upon the property?
26 ..... yes ..... no
27 Explain any "yes" answers that you give in this section:
28 .........................................................
29 .........................................................
30 (15) Condominiums and other homeowners associations
20010H1114B1290 - 11 -
1 (complete only if applicable).
2 Type: ..... condominium ..... cooperative
3 ..... homeowners association ..... other
4 If "other," please explain: .....................
5 .................................................
6 NOTICE REGARDING CONDOMINIUMS AND COOPERATIVES:
7 According to section 3407 of the Uniform Condominium Act
8 (68 Pa.C.S. § 3407 (relating to resales of units) and 68
9 Pa.C.S. § 4409 (relating to resales of cooperative
10 interests), a buyer of a resale unit in a condominium or
11 cooperative must receive a certificate of resale issued
12 by the association in the condominium or cooperative. The
13 buyer will have the option of canceling the agreement
14 with return of all deposit moneys until the certificate
15 has been provided to the buyer and for five days
16 thereafter or until conveyance, whichever occurs first.
17 (16) Miscellaneous.
18 (i) Are you aware of any existing or threatened
19 legal action affecting the property?
20 ..... yes ..... no
21 (ii) Do you know of any violations of Federal, State
22 or local laws or regulations relating to this
23 property? ..... yes ..... no
24 (iii) Are you aware of any public improvement,
25 condominium or homeowner association assessments
26 against the property that remain unpaid or of any
27 violations of zoning, housing, building, safety
28 or fire ordinances that remain uncorrected?
29 ..... yes ..... no
30 (iv) Are you aware of any judgment, encumbrance,
20010H1114B1290 - 12 -
1 lien (for example, comaker or equity loan) or
2 other debt against this property that cannot be
3 satisfied by the proceeds of this sale?
4 ..... yes ..... no
5 (v) Are you aware of any reason, including a defect
6 in title, that would prevent you from giving a
7 warranty deed or conveying title to the property?
8 ..... yes ..... no
9 (vi) Are you aware of any material defects to the
10 property, dwelling or fixtures which are not
11 disclosed elsewhere on this form?
12 ..... yes ..... no
13 A material defect is a problem with the property
14 or any portion of it that would have a significant
15 adverse impact on the value of the residential
16 real property or that involves an unreasonable risk
17 to people on the land.
18 Explain any "yes" answers that you give in
19 this section:
20 .........................................................
21 .........................................................
22 The undersigned seller represents that the
23 information set forth in this disclosure statement is
24 accurate and complete to the best of the seller's
25 knowledge. The seller hereby authorizes any agent for the
26 seller to provide this information to prospective buyers
27 of the property and to other real estate agents. The
28 seller alone is responsible for the accuracy of the
29 information contained in this statement. The seller shall
30 cause the buyer to be notified in writing of any
20010H1114B1290 - 13 -
1 information supplied on this form which is rendered
2 inaccurate by a change in the condition of the property
3 following the completion of this form.
4 SELLER .............................. DATE ..............
5 SELLER .............................. DATE ..............
6 SELLER .............................. DATE ..............
7 .........................................................
8 EXECUTOR, ADMINISTRATOR, TRUSTEE
9 The undersigned has never occupied the property and
10 lacks the personal knowledge necessary to complete this
11 disclosure statement.
12 .........................................................
13 .........................................................
14 ..................................... DATE ..............
15 .........................................................
16 .........................................................
17 RECEIPT AND ACKNOWLEDGMENT BY BUYER
18 The undersigned buyer acknowledges receipt of this
19 disclosure statement. The buyer acknowledges that this
20 statement is not a warranty and that, unless stated
21 otherwise in the sales contract, the buyer is purchasing
22 this property in its present condition. It is the buyer's
23 responsibility to satisfy himself or herself as to the
24 condition of the property. The buyer may request that
25 the property be inspected, at the buyer's expense and by
26 qualified professionals, to determine the condition of
27 the structure or its components.
28 BUYER ............................... DATE ..............
29 BUYER ............................... DATE ..............
30 BUYER ............................... DATE ..............
20010H1114B1290 - 14 -
1 Section 2. This act shall take effect in 60 days.
B15L68VDL/20010H1114B1290 - 15 -