SENATE AMENDED
PRIOR PRINTER'S NO. 1329
PRINTER'S NO. 2382
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1255
Session of
2021
INTRODUCED BY LEWIS, JAMES, MILLARD, KAUFFMAN, ROWE, SAYLOR,
ZIMMERMAN, SCHEMEL, ROTHMAN, KNOWLES, HAMM, DOWLING, MOUL,
HERSHEY, MENTZER, KEEFER AND BRIGGS, APRIL 21, 2021
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 9, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in limitation of time,
providing for real estate appraisals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5539. Real estate appraisals.
Any (A) GENERAL RULE.--EXCEPT AS PROVIDED UNDER SUBSECTION
(B), AN action to recover damages against a real estate
appraiser arising out of the appraiser's real estate appraisal
activity shall be brought within one year from a person's
discovery of the act or omission giving rise to the action, but
in no event shall an action to recover damages against a real
estate appraiser be brought more than five years after the date
the appraisal was conducted.
Section 2. This act shall take effect in 60 days.
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(B) EXCEPTION.--AN ACTION TO RECOVER DAMAGES AGAINST A REAL
ESTATE APPRAISER UNDER SUBSECTION (A) MAY BE FILED MORE THAN
FIVE YEARS AFTER THE DATE THE APPRAISAL WAS CONDUCTED IF:
(1) THERE IS EVIDENCE OF FRAUD OR INTENTIONAL
MISREPRESENTATION ON THE PART OF THE REAL ESTATE APPRAISER;
OR
(2) THE APPRAISAL WAS PERFORMED FOR A CONSUMER AS PART
OF THE PURCHASE OR SALE OF SINGLE-FAMILY RESIDENTIAL REAL
PROPERTY NOT INVOLVING A LENDER.
SECTION 2. THE FIVE-YEAR PERIOD OF REPOSE UNDER 42 PA.C.S. §
5539 SHALL NOT APPLY TO A CAUSE OF ACTION WHICH HAS ACCRUED ON
OR BEFORE THE EFFECTIVE DATE OF THIS SECTION.
SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) SECTION 2.
(II) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
20210HB1255PN2382 - 2 -
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