PRINTER'S NO. 2538
No. 1966 Session of 1997
INTRODUCED BY GEORGE, VEON, CURRY, LAUGHLIN, MUNDY, WALKO, M. COHEN, SURRA, COY, JAROLIN, OLASZ, BELARDI, STURLA, TIGUE, BATTISTO, SCRIMENTI, COLAIZZO, STABACK, TRAVAGLIO, STEELMAN, HERMAN, PISTELLA, DeLUCA, KIRKLAND, CARONE, WOJNAROSKI, TRELLO, YOUNGBLOOD, CLARK, JOSEPHS, LUCYK, BOSCOLA, THOMAS, SHANER, GIGLIOTTI AND DeWEESE, OCTOBER 29, 1997
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, OCTOBER 29, 1997
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 contents of the 4 disclosure form. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 5 of the act of July 2, 1996 (P.L.500, 8 No.84), known as the Real Estate Seller Disclosure Act, is 9 amended to read: 10 Section 5. Disclosure form. 11 The disclosures required by this act pertaining to the 12 property proposed to be transferred are set forth in and shall 13 be made on a form that is substantially similar to the following 14 disclosure form. Nothing in this act shall preclude a seller 15 from including in this form additional provisions which require 16 greater specificity or which call for the disclosure of the
1 condition or existence of other features of the property. 2 SELLER'S PROPERTY DISCLOSURE STATEMENT 3 Property address: ....................................... 4 ......................................................... 5 Seller: ................................................. 6 A seller must disclose to a buyer all known material 7 defects about property being sold that are not readily 8 observable. This disclosure statement is designed to 9 assist the seller in complying with disclosure 10 requirements and to assist the buyer in evaluating the 11 property being considered. 12 This statement discloses the seller's knowledge of 13 the condition of the property as of the date signed by 14 the seller and is not a substitute for any inspections or 15 warranties that the buyer may wish to obtain. This 16 statement is not a warranty of any kind by the seller or 17 a warranty or representation by any listing real estate 18 broker, any selling real estate broker or their agents. 19 The buyer is encouraged to address concerns about the 20 conditions of the property that may not be included in 21 this statement. This statement does not relieve the 22 seller of the obligation to disclose a material defect 23 that may not be addressed on this form. 24 A material defect is a problem with the property 25 or any portion of it that would have a significant 26 adverse impact on the value of the residential real 27 property or that involves an unreasonable risk to 28 people on the land. 29 (1) Seller's expertise. The seller does not possess 30 expertise in contracting, engineering, architecture 19970H1966B2538 - 2 -
1 or other areas related to the construction and 2 conditions of the property and its improvements, 3 except as follows: .................................. 4 (2) Occupancy. Do you, the seller, currently occupy 5 this property? ..... yes ..... no 6 If "no," when did you last occupy the property? .... 7 (3) Roof. 8 (i) Date roof was installed: ...................... 9 Documented? ..... yes ..... no ..... unknown 10 (ii) Has the roof been replaced or repaired during 11 your ownership? ..... yes ..... no 12 If "yes," were the existing shingles removed? 13 ..... yes ..... no ..... unknown 14 (iii) Has the roof ever leaked during your 15 ownership? ..... yes ..... no 16 (iv) Do you know of any problems with the roof, 17 gutters or downspouts? ..... yes ..... no 18 Explain any "yes" answers that you give in this section: 19 ......................................................... 20 ......................................................... 21 (4) Basements and crawl spaces (Complete only if 22 applicable). 23 (i) Does the property have a sump pump? 24 ..... yes ..... no ..... unknown 25 (ii) Are you aware of any water leakage, 26 accumulation or dampness within the basement or 27 crawl space? ..... yes ..... no 28 If "yes," describe in detail: ................... 29 ................................................. 30 (iii) Do you know of any repairs or other attempts 19970H1966B2538 - 3 -
1 to control any water or dampness problem in the 2 basement or crawl space? ..... yes ..... no 3 If "yes," describe the location, extent, date 4 and name of the person who did the repair or 5 control effort: ................................. 6 ................................................. 7 (5) Termites/wood destroying insects, dry rot, pests. 8 (i) Are you aware of any termites/wood destroying 9 insects, dry rot or pests affecting the 10 property? ..... yes ..... no 11 (ii) Are you aware of any damage to the property 12 caused by termites/wood destroying insects, dry 13 rot or pests? ..... yes ..... no 14 (iii) Is your property currently under contract by 15 a licensed pest control company? 16 ..... yes ..... no 17 (iv) Are you aware of any termite/pest control 18 reports or treatments for the property in the 19 last five years? ..... yes ..... no 20 Explain any "yes" answers that you give in this section: 21 ......................................................... 22 ......................................................... 23 (6) Structural items. 24 (i) Are you aware of any past or present water 25 leakage in the house or other structures? 26 ..... yes ..... no 27 (ii) Are you aware of any past or present movement, 28 shifting, deterioration or other problems with 29 walls, foundations or other structural 30 components? ..... yes ..... no 19970H1966B2538 - 4 -
1 (iii) Are you aware of any past or present problems 2 with driveways, walkways, patios or retaining 3 walls on the property? ..... yes ..... no 4 Explain any "yes" answers that you give in this section. 5 When explaining efforts to control or repair, please 6 describe the location and extent of the problem and the 7 date and person by whom the work was done, if known: 8 ......................................................... 9 ......................................................... 10 (7) Additions/remodeling. Have you made any additions, 11 structural changes or other alterations to the 12 property? ..... yes ..... no 13 If "yes," please describe: .......................... 14 ..................................................... 15 (8) Water and sewage. 16 (i) What is the source of your drinking water? 17 ..... public ..... community system 18 ..... well on property ..... other 19 If "other," please explain: ......................... 20 ..................................................... 21 (ii) If your drinking water source is not public: 22 when was your water last tested? ................ 23 what was the result of the test? ................ 24 Is the pumping system in working order? 25 ..... yes ..... no 26 If "no," please explain: ........................ 27 ................................................. 28 (iii) Do you have a softener, filter or other 29 purification system? ..... yes ..... no 30 If "yes," is the system: ..... leased ..... owned 19970H1966B2538 - 5 -
1 (iv) What is the type of sewage system? 2 ..... public sewer ..... private sewer 3 ..... septic tank ..... cesspool ..... other 4 If "other," please explain: ..................... 5 ................................................. 6 (v) Is there a sewage pump? ..... yes ..... no 7 If "yes," is it in working order? 8 ..... yes ..... no 9 (vi) When was the septic system or cesspool last 10 serviced? ...................................... 11 (vii) Is either the water or sewage system shared? 12 ..... yes ..... no 13 If "yes," please explain: ....................... 14 ................................................. 15 (viii) Are you aware of any leaks, backups or other 16 problems relating to any of the plumbing, water 17 and sewage-related items? ..... yes ..... no 18 If "yes," please explain: ....................... 19 ................................................. 20 (9) Plumbing system. 21 (i) Type of plumbing: ..... copper ..... galvanized 22 ..... lead ..... PVC ..... unknown ..... other 23 If "other," please explain: ..................... 24 ................................................. 25 (ii) Are you aware of any problems with any of your 26 plumbing fixtures (including, but not limited 27 to: kitchen, laundry or bathroom fixtures, wet 28 bars, hot water heater, etc.)? 29 ..... yes ..... no 30 If "yes," please explain: ....................... 19970H1966B2538 - 6 -
1 ................................................. 2 (10) Heating and air conditioning. 3 (i) Type of air conditioning: ..... central electric 4 ..... central gas ..... wall ..... none 5 Number of window units included in sale: ........ 6 Location: ....................................... 7 ................................................. 8 (ii) List any areas of the house that are not air 9 conditioned: .................................... 10 ................................................. 11 (iii) Type of heating: ..... electric 12 ..... fuel oil ..... natural gas ..... other 13 If "other," please explain: ..................... 14 ................................................. 15 (iv) List any areas of the house that are not 16 heated: ......................................... 17 (v) Type of water heating: ..... electric ..... gas 18 ..... solar ..... other 19 If "other," please explain: ..................... 20 ................................................. 21 (vi) Are you aware of any underground fuel tanks on 22 the property? ..... yes ..... no 23 If "yes," please describe: ...................... 24 ................................................. 25 Are you aware of any problems with any item in this 26 section? ..... yes ..... no 27 If "yes," please explain: ............................... 28 ......................................................... 29 (11) Electrical system. Are you aware of any problems 30 or repairs needed in the electrical system? 19970H1966B2538 - 7 -
1 ..... yes ..... no 2 If "yes," please explain: ........................... 3 ..................................................... 4 (12) Other equipment and appliances included in sale 5 (complete only if applicable). 6 (i) ..... Electric garage door opener 7 Number of transmitters ..... 8 (ii) ..... Smoke detectors How many? ..... 9 Location: ....................................... 10 ................................................. 11 (iii) ..... Security alarm system 12 ..... owned ..... leased 13 Lease information: .............................. 14 ................................................. 15 (iv) ..... Lawn sprinkler 16 Number ..... Automatic timer ..... 17 (v) ..... Swimming pool ..... Pool heater 18 ..... Spa/hot tub 19 List all pool/spa equipment: ................... 20 ................................................ 21 (vi) ..... Refrigerator ..... Range 22 ..... Microwave oven ..... Dishwasher 23 ..... Trash compactor ..... Garbage disposal 24 (vii) ..... Washer ..... Dryer 25 (viii) ..... Intercom 26 (ix) ..... Ceiling fans ..... Number 27 Location: ....................................... 28 (x) Other: ........................................ 29 Are any items in this section in need of repair or 30 replacement? ..... yes ..... no ..... unknown 19970H1966B2538 - 8 -
1 If "yes," please explain: ............................... 2 ......................................................... 3 (13) Land (soils, drainage and boundaries). 4 (i) Are you aware of any fill or expansive soil on 5 the property? ..... yes ..... no 6 (ii) Are you aware of any sliding, settling, earth 7 movement, upheaval, subsidence or earth stability 8 problems that have occurred on or that affect the 9 property? ..... yes ..... no 10 NOTE TO BUYER: Your property may be subject to mine 11 subsidence damage. Maps of the counties and mines where 12 mine subsidence damage may occur and mine subsidence 13 insurance are available through: 14 Department of Environmental Protection 15 Mine Subsidence Insurance Fund 16 3913 Washington Road 17 McMurray, PA 15317 18 412-941-7100 19 (iii) Are you aware of any existing or proposed 20 mining, strip mining or any other excavations 21 that might affect this property? 22 ..... yes ..... no 23 (iv) To your knowledge, is this property or part of 24 it located in a flood zone or wetlands area? 25 ..... yes ..... no 26 (v) Do you know of any past or present drainage or 27 flooding problems affecting the property? 28 ..... yes ..... no 29 (vi) Do you know of any encroachments, boundary 30 line disputes or easements? ..... yes ..... no 19970H1966B2538 - 9 -
1 NOTE TO BUYER: Most properties have easements 2 running across them for utility services and 3 other reasons. In many cases, the easements do 4 not restrict the ordinary use of the property, 5 and the seller may not be readily aware of them. 6 Buyers may wish to determine the existence of 7 easements and restrictions by examining the 8 property and ordering an abstract of title or 9 searching the records in the Office of the 10 Recorder of Deeds for the county before entering 11 into an agreement of sale. 12 (vii) Are you aware of any shared or common areas 13 (for example, driveways, bridges, docks, walls, 14 etc.) or maintenance agreements? 15 ..... yes ..... no 16 Explain any "yes" answers that you give in this section: 17 ......................................................... 18 ......................................................... 19 (14) Hazardous substances. 20 (i) Are you aware of any underground tanks or 21 hazardous substances present on the property 22 (structure or soil), including, but not limited 23 to, asbestos, polychlorinated biphenyls (PCBs), 24 radon, lead paint, urea-formaldehyde foam 25 insulation (UFFI), etc.? ..... yes ..... no 26 (ii) To your knowledge, has the property been tested 27 for any hazardous substances? ..... yes ..... no 28 (iii) Do you know of any other environmental 29 concerns that might impact upon the property? 30 ..... yes ..... no 19970H1966B2538 - 10 -
1 Explain any "yes" answers that you give in this section: 2 ......................................................... 3 ......................................................... 4 (15) Sewage sludge 5 (i) Are you aware of any sewage sludge that was 6 applied to your property within the last 15 years? 7 ..... yes ..... no 8 (ii) If "yes," was the sewage sludge tested for any 9 of the following pollutants: arsenic, cadmium, 10 copper, lead, mercury, molybdenum, nickel, 11 selenium or zinc? 12 ..... yes ..... no 13 (iii) If "yes," please explain the results of the test, 14 indicating whether the pollutant was discovered 15 and at what concentration: 16 ____________________________________________ 17 ____________________________________________ 18 [(15)] (16) Condominiums and other homeowners 19 associations (complete only if applicable). 20 Type: ..... condominium ..... cooperative 21 ..... homeowners association ..... other 22 If "other," please explain: ................ 23 ............................................ 24 NOTICE REGARDING CONDOMINIUMS AND COOPERATIVES: 25 According to section 3407 of the Uniform Condominium Act 26 (68 Pa.C.S. § 3407 (relating to resales of units) and 68 27 Pa.C.S. § 4409 (relating to resales of cooperative 28 interests), a buyer of a resale unit in a condominium or 29 cooperative must receive a certificate of resale issued 30 by the association in the condominium or cooperative. The 19970H1966B2538 - 11 -
1 buyer will have the option of canceling the agreement
2 with return of all deposit moneys until the certificate
3 has been provided to the buyer and for five days
4 thereafter or until conveyance, whichever occurs first.
5 [(16)] (17) Miscellaneous.
6 (i) Are you aware of any existing or threatened
7 legal action affecting the property?
8 ..... yes ..... no
9 (ii) Do you know of any violations of Federal, State
10 or local laws or regulations relating to this
11 property? ..... yes ..... no
12 (iii) Are you aware of any public improvement,
13 condominium or homeowner association assessments
14 against the property that remain unpaid or of any
15 violations of zoning, housing, building, safety
16 or fire ordinances that remain uncorrected?
17 ..... yes ..... no
18 (iv) Are you aware of any judgment, encumbrance,
19 lien (for example, comaker or equity loan) or
20 other debt against this property that cannot be
21 satisfied by the proceeds of this sale?
22 ..... yes ..... no
23 (v) Are you aware of any reason, including a defect
24 in title, that would prevent you from giving a
25 warranty deed or conveying title to the property?
26 ..... yes ..... no
27 (vi) Are you aware of any material defects to the
28 property, dwelling or fixtures which are not
29 disclosed elsewhere on this form?
30 ..... yes ..... no
19970H1966B2538 - 12 -
1 A material defect is a problem with the property 2 or any portion of it that would have a significant 3 adverse impact on the value of the residential 4 real property or that involves an unreasonable risk 5 to people on the land. 6 Explain any "yes" answers that you give in 7 this section: 8 ......................................................... 9 ......................................................... 10 The undersigned seller represents that the 11 information set forth in this disclosure statement is 12 accurate and complete to the best of the seller's 13 knowledge. The seller hereby authorizes any agent for the 14 seller to provide this information to prospective buyers 15 of the property and to other real estate agents. The 16 seller alone is responsible for the accuracy of the 17 information contained in this statement. The seller shall 18 cause the buyer to be notified in writing of any 19 information supplied on this form which is rendered 20 inaccurate by a change in the condition of the property 21 following the completion of this form. 22 SELLER .............................. DATE .............. 23 SELLER .............................. DATE .............. 24 SELLER .............................. DATE .............. 25 ......................................................... 26 EXECUTOR, ADMINISTRATOR, TRUSTEE 27 The undersigned has never occupied the property and 28 lacks the personal knowledge necessary to complete this 29 disclosure statement. 30 ......................................................... 19970H1966B2538 - 13 -
1 ......................................................... 2 ..................................... DATE .............. 3 ......................................................... 4 ......................................................... 5 RECEIPT AND ACKNOWLEDGMENT BY BUYER 6 The undersigned buyer acknowledges receipt of this 7 disclosure statement. The buyer acknowledges that this 8 statement is not a warranty and that, unless stated 9 otherwise in the sales contract, the buyer is purchasing 10 this property in its present condition. It is the buyer's 11 responsibility to satisfy himself or herself as to the 12 condition of the property. The buyer may request that 13 the property be inspected, at the buyer's expense and by 14 qualified professionals, to determine the condition of 15 the structure or its components. 16 BUYER ............................... DATE .............. 17 BUYER ............................... DATE .............. 18 BUYER ............................... DATE .............. 19 Section 2. This act shall take effect in 60 days. G25L68DMS/19970H1966B2538 - 14 -