§ 7304. Disclosure form.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- A form of property disclosure statement that satisfies the requirements of this chapter shall be promulgated by the State Real Estate Commission. Nothing in this chapter shall preclude a seller from using a form of property disclosure statement that contains additional provisions that require greater specificity or that call for the disclosure of the condition or existence of other features of the property.

(b)Contents of property disclosure statement.-- The form of property disclosure statement promulgated by the State Real Estate Commission shall call for disclosures with respect to all of the following subjects:

(1)Seller's expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements.

(2)When the property was last occupied by the seller.

(3)Roof.

(4)Basements and crawl spaces.

(5)Termites/wood destroying insects, dry rot and pests.

(6)Structural problems.

(7)Additions, remodeling and structural changes to the property.

(8)Water and sewage systems or service.

(9)Plumbing system.

(10)Heating and air conditioning.

(11)Electrical system.

(12)Other equipment and appliances included in the sale.

(13)Soils, drainage, boundaries and sinkholes.

(14)Presence of hazardous substances.

(15)Condominiums and other homeowners associations.

(16)Legal issues affecting title or that would interfere with use and enjoyment of the property.

(17)Condition, if known, and location of all storm water facilities, including a statement disclosing whether ongoing maintenance of the storm water facilities is the responsibility of the property owner or the responsibility of another person or entity.

(c)Transitional rule.-- Until a form of property disclosure statement has been promulgated by the commission, the form prescribed under the act of July 2, 1996 (P.L.500, No.84), known as the Real Estate Seller Disclosure Act, shall be deemed to be the form contemplated under subsection (b).

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(June 19, 2015, P.L.23, No.6, eff. imd.)

2015 Amendment. Act 6 amended subsec. (b)(13) and added subsec. (b)(17). See section 3 of Act 6 in the appendix to this title for special provisions relating to revisions to property disclosure statement.

References in Text. The act of July 2, 1996, P.L.500, No.84, known as the Real Estate Seller Disclosure Act, referred to in subsec. (c), was repealed by the act of December 20, 2000, P.L.815, No.114. The subject matter is now contained in Part III of this title.

Cross References. Section 7304 is referred to in section 7303 of this title.

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