PRINTER'S NO. 2968
No. 2252 Session of 2000
INTRODUCED BY DeWEESE, GEORGE, MAHER, DeLUCA, HARHAI, BELARDI,
MAITLAND, BELFANTI, M. COHEN, DALEY, EVANS, FREEMAN, GRUCELA,
HALUSKA, JOSEPHS, LAUGHLIN, LUCYK, MELIO, MYERS, PISTELLA,
READSHAW, SCRIMENTI, SHANER, SOLOBAY, STEELMAN, THOMAS,
TIGUE, TRAVAGLIO, TRELLO, WALKO, WASHINGTON, WOJNAROSKI,
YOUNGBLOOD, YUDICHAK AND RAMOS, FEBRUARY 10, 2000
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
FEBRUARY 10, 2000
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
20000H2252B2968 - 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
20000H2252B2968 - 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
20000H2252B2968 - 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 you answered "well on property," has the well
20 ever failed during your ownership? ..... yes .... no
21 If "yes," how often? ..... How recently? .....
22 How was it restored? .....
23 If a new well was dug, or if other water source is
24 used, are old well(s) capped? ..... yes ..... no
25 If "other," please explain: .........................
26 ..................................................
27 (ii) If your drinking water source is not public:
28 when was your water last tested? ................
29 what was the result of the test? ................
30 Is the pumping system in working order?
20000H2252B2968 - 5 -
1 ..... yes ..... no
2 If "no," please explain: ........................
3 .................................................
4 (iii) Do you have a softener, filter or other
5 purification system? ..... yes ..... no
6 If "yes," is the system: ..... leased ..... owned
7 (iv) What is the type of sewage system?
8 ..... public sewer ..... private sewer
9 ..... septic tank ..... cesspool ..... other
10 If "other," please explain: .....................
11 .................................................
12 (v) Is there a sewage pump? ..... yes ..... no
13 If "yes," is it in working order?
14 ..... yes ..... no
15 (vi) When was the septic system or cesspool last
16 serviced? ......................................
17 (vii) If there is no public sewer or existing
18 approved sewage treatment system on the property,
19 has the soil been tested and deemed to meet the
20 requirements for conventional sewage treatment
21 methods? ..... yes ..... no
22 If "no," please explain: ........................
23 .................................................
24 NOTE TO BUYER: The act of January 24, 1966
25 (1965 P.L.1535, No.537), known as the
26 Pennsylvania Sewage Facilities Act, prohibits the
27 construction or occupancy of any structure for
28 which an individual or commercial sewage system
29 is to be installed, altered or replaced without
30 first obtaining a permit from a sewage
20000H2252B2968 - 6 -
1 enforcement officer. Some soil and slope types
2 cannot support conventional sewage treatment
3 methods and additional testing and use of
4 higher-cost, alternative sewage treatment methods
5 may be required. For more information contact the
6 local sewage enforcement officer.
7 [(vii)] (viii) Is either the water or sewage
8 system shared? ..... yes ..... no
9 If "yes," please explain: .......................
10 .................................................
11 [(viii)] (ix) Are you aware of any leaks, backups
12 or other problems relating to any of the,
13 plumbing, water and sewage-related items?
14 ..... yes ..... no
15 If "yes," please explain: .......................
16 .................................................
17 (9) Plumbing system.
18 (i) Type of plumbing: ..... copper ..... galvanized
19 ..... lead ..... PVC ..... unknown ..... other
20 If "other," please explain: .....................
21 .................................................
22 (ii) Are you aware of any problems with any of your
23 plumbing fixtures (including, but not limited
24 to: kitchen, laundry or bathroom fixtures, wet
25 bars, hot water heater, etc.)?
26 ..... yes ..... no
27 If "yes," please explain: .......................
28 .................................................
29 (10) Heating and air conditioning.
30 (i) Type of air conditioning: ..... central electric
20000H2252B2968 - 7 -
1 ..... central gas ..... wall ..... none
2 Number of window units included in sale: ........
3 Location: .......................................
4 .................................................
5 (ii) List any areas of the house that are not air
6 conditioned: ....................................
7 .................................................
8 (iii) Type of heating: ..... electric
9 ..... fuel oil ..... natural gas ..... other
10 If "other," please explain: .....................
11 .................................................
12 (iv) List any areas of the house that are not
13 heated: .........................................
14 (v) Type of water heating: ..... electric ..... gas
15 ..... solar ..... other
16 If "other," please explain: .....................
17 .................................................
18 (vi) Are you aware of any underground fuel tanks or
19 uncapped gas or oil wells on the property?
20 ..... yes ..... no
21 If "yes," please describe: ......................
22 .................................................
23 Are you aware of any problems with any item in this
24 section? ..... yes ..... no
25 If "yes," please explain: ...............................
26 .........................................................
27 (11) Electrical system. Are you aware of any problems
28 or repairs needed in the electrical system?
29 ..... yes ..... no
30 If "yes," please explain: ...........................
20000H2252B2968 - 8 -
1 .....................................................
2 (12) Other equipment and appliances included in sale
3 (complete only if applicable).
4 (i) ..... Electric garage door opener
5 Number of transmitters .....
6 (ii) ..... Smoke detectors How many? .....
7 Location: .......................................
8 .................................................
9 (iii) ..... Security alarm system
10 ..... owned ..... leased
11 Lease information: ..............................
12 .................................................
13 (iv) ..... Lawn sprinkler
14 Number ..... Automatic timer .....
15 (v) ..... Swimming pool ..... Pool heater
16 ..... Spa/hot tub
17 List all pool/spa equipment: ...................
18 ................................................
19 (vi) ..... Refrigerator ..... Range
20 ..... Microwave oven ..... Dishwasher
21 ..... Trash compactor ..... Garbage disposal
22 (vii) ..... Washer ..... Dryer
23 (viii) ..... Intercom
24 (ix) ..... Ceiling fans ..... Number
25 Location: .......................................
26 (x) Other: ........................................
27 Are any items in this section in need of repair or
28 replacement? ..... yes ..... no ..... unknown
29 If "yes," please explain: ...............................
30 .........................................................
20000H2252B2968 - 9 -
1 (13) Land (soils, drainage and boundaries).
2 (i) Are you aware of any fill or expansive soil on
3 the property? ..... yes ..... no
4 (ii) Are you aware of any sliding, settling, earth
5 movement, upheaval, subsidence or earth stability
6 problems that have occurred on or that affect the
7 property? ..... yes ..... no
8 NOTE TO BUYER: Your property may be subject to mine
9 subsidence damage. Maps of the counties and mines where
10 mine subsidence damage may occur and mine subsidence
11 insurance are available through:
12 Department of Environmental Protection
13 Mine Subsidence Insurance Fund
14 3913 Washington Road
15 McMurray, PA 15317
16 [412-941-7100] 724-941-7100
17 (iii) Are you aware of any existing or proposed
18 mining, strip mining or any other excavations
19 that might affect this property?
20 ..... yes ..... no
21 (iv) To your knowledge, is this property or part of
22 it located in a flood zone or wetlands area?
23 ..... yes ..... no
24 (v) Do you know of any past or present drainage or
25 flooding problems affecting the property?
26 ..... yes ..... no
27 (vi) Do you know of any encroachments, boundary
28 line disputes or easements? ..... yes ..... no
29 NOTE TO BUYER: Most properties have easements
30 running across them for utility services and
20000H2252B2968 - 10 -
1 other reasons. In many cases, the easements do
2 not restrict the ordinary use of the property,
3 and the seller may not be readily aware of them.
4 Buyers may wish to determine the existence of
5 easements and restrictions by examining the
6 property and ordering an abstract of title or
7 searching the records in the Office of the
8 Recorder of Deeds for the county before entering
9 into an agreement of sale.
10 (vii) Are you aware of any shared or common areas
11 (for example, driveways, bridges, docks, walls,
12 etc.) or maintenance agreements?
13 ..... yes ..... no
14 Explain any "yes" answers that you give in this section:
15 .........................................................
16 .........................................................
17 (14) Hazardous substances.
18 (i) Are you aware of any underground tanks or
19 hazardous substances present on the property
20 (structure or soil), including, but not limited
21 to, asbestos, polychlorinated biphenyls (PCBs),
22 radon, lead paint, urea-formaldehyde foam
23 insulation (UFFI), etc.? ..... yes ..... no
24 (ii) To your knowledge, has the property been tested
25 for any hazardous substances? ..... yes ..... no
26 (iii) Do you know of any other environmental
27 concerns that might impact upon the property?
28 ..... yes ..... no
29 Explain any "yes" answers that you give in this section:
30 .........................................................
20000H2252B2968 - 11 -
1 .........................................................
2 (15) Condominiums and other homeowners associations
3 (complete only if applicable).
4 Type: ..... condominium ..... cooperative
5 ..... homeowners association ..... other
6 If "other," please explain: .....................
7 .................................................
8 NOTICE REGARDING CONDOMINIUMS AND COOPERATIVES:
9 According to section 3407 of the Uniform Condominium Act
10 (68 Pa.C.S. § 3407 (relating to resales of units) and 68
11 Pa.C.S. § 4409 (relating to resales of cooperative
12 interests), a buyer of a resale unit in a condominium or
13 cooperative must receive a certificate of resale issued
14 by the association in the condominium or cooperative. The
15 buyer will have the option of canceling the agreement
16 with return of all deposit moneys until the certificate
17 has been provided to the buyer and for five days
18 thereafter or until conveyance, whichever occurs first.
19 (16) Miscellaneous.
20 (i) Are you aware of any existing or threatened
21 legal action affecting the property?
22 ..... yes ..... no
23 (ii) Do you know of any violations of Federal, State
24 or local laws or regulations relating to this
25 property? ..... yes ..... no
26 (iii) Are you aware of any public improvement,
27 condominium or homeowner association assessments
28 against the property that remain unpaid or of any
29 violations of zoning, housing, building, safety
30 or fire ordinances that remain uncorrected?
20000H2252B2968 - 12 -
1 ..... yes ..... no
2 (iv) Are you aware of any judgment, encumbrance,
3 lien (for example, comaker or equity loan) or
4 other debt against this property that cannot be
5 satisfied by the proceeds of this sale?
6 ..... yes ..... no
7 (v) Are you aware of any reason, including a defect
8 in title, that would prevent you from giving a
9 warranty deed or conveying title to the property?
10 ..... yes ..... no
11 (vi) Are you aware of any material defects to the
12 property, dwelling or fixtures which are not
13 disclosed elsewhere on this form?
14 ..... yes ..... no
15 A material defect is a problem with the property
16 or any portion of it that would have a significant
17 adverse impact on the value of the residential
18 real property or that involves an unreasonable risk
19 to people on the land.
20 Explain any "yes" answers that you give in
21 this section:
22 .........................................................
23 .........................................................
24 The undersigned seller represents that the
25 information set forth in this disclosure statement is
26 accurate and complete to the best of the seller's
27 knowledge. The seller hereby authorizes any agent for the
28 seller to provide this information to prospective buyers
29 of the property and to other real estate agents. The
30 seller alone is responsible for the accuracy of the
20000H2252B2968 - 13 -
1 information contained in this statement. The seller shall
2 cause the buyer to be notified in writing of any
3 information supplied on this form which is rendered
4 inaccurate by a change in the condition of the property
5 following the completion of this form.
6 SELLER .............................. DATE ..............
7 SELLER .............................. DATE ..............
8 SELLER .............................. DATE ..............
9 .........................................................
10 EXECUTOR, ADMINISTRATOR, TRUSTEE
11 The undersigned has never occupied the property and
12 lacks the personal knowledge necessary to complete this
13 disclosure statement.
14 .........................................................
15 .........................................................
16 ..................................... DATE ..............
17 .........................................................
18 .........................................................
19 RECEIPT AND ACKNOWLEDGMENT BY BUYER
20 The undersigned buyer acknowledges receipt of this
21 disclosure statement. The buyer acknowledges that this
22 statement is not a warranty and that, unless stated
23 otherwise in the sales contract, the buyer is purchasing
24 this property in its present condition. It is the buyer's
25 responsibility to satisfy himself or herself as to the
26 condition of the property. The buyer may request that
27 the property be inspected, at the buyer's expense and by
28 qualified professionals, to determine the condition of
29 the structure or its components.
30 BUYER ............................... DATE ..............
20000H2252B2968 - 14 -
1 BUYER ............................... DATE ..............
2 BUYER ............................... DATE ..............
3 Section 2. This act shall take effect in 90 days.
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