PA Real Estate Seller Disclosure Act "ch04-pa1.htm"

Pennsylvania Real Estate Seller Disclosure Act
Seller's Disclosure Form

68 P.S. § 1025. Disclosure form

The disclosures required by this act pertaining to the property proposed to be transferred are set forth in and shall be made on a form that is substantially similar to the following disclosure form. Nothing in this act shall preclude a seller from including in this form additional provisions which require greater specificity or which call for the disclosure of the condition or existence of other features of the property.

SELLER'S PROPERTY DISCLOSURE STATEMENT Property address: .......................................................... ...................................................................................... Seller: ............................................................................

A seller must disclose to a buyer all known material defects about property being sold that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure requirements and to assist the buyer in evaluating the property being considered.

This statement discloses the seller's knowledge of the condition of the property as of the date signed by the seller and is not a substitute for any inspections or warranties that the buyer may wish to obtain. This statement is not a warranty of any kind by the seller or a warranty or representation by any listing real estate broker, any selling real estate broker or their agents. The buyer is encouraged to address concerns about the conditions of the property that may not be included in this statement. This statement does not relieve the seller of the obligation to disclose a material defect that may not be addressed on this form.

A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the residential real property or that involves an unreasonable risk to people on the land.

(1) Seller's expertise. The seller does not possess expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements, except as follows: ....................................................................

(2) Occupancy. Do you, the seller, currently occupy this property? ..... yes ..... no

If "no," when did you last occupy the property? .....

(3) Roof.

(i) Date roof was installed: .............................................. Documented? ..... yes ..... no ..... unknown

(ii) Has the roof been replaced or repaired during your ownership? ..... yes ..... no

If "yes," were the existing shingles removed?

..... yes ..... no ..... unknown

(iii) Has the roof ever leaked during your ownership? ..... yes ..... no

(iv) Do you know of any problems with the roof, gutters or downspouts? ..... yes ..... no

Explain any "yes" answers that you give in this section:

.............................................................................

............................................................................

(4) Basements and crawl spaces (Complete only if applicable).

(i) Does the property have a sump pump?

..... yes ..... no ..... unknown

(ii) Are you aware of any water leakage, accumulation or dampness within the basement or crawl space? ..... yes ..... no

If "yes," describe in detail: ..............................................

.............................................................................

(iii) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space? ..... yes ..... no

If "yes," describe the location, extent, date and name of the person who did the repair or control effort: ..............................................

.............................................................................

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

(i) Are you aware of any termites/wood destroying insects, dry rot or pests affecting the property? ..... yes ..... no

(ii) Are you aware of any damage to the property caused by termites/wood destroying insects, dry rot or pests? ..... yes ..... no

(iii) Is your property currently under contract by a licensed pest control company? ..... yes ..... no

(iv) Are you aware of any termite/pest control reports or treatments for the property in the last five years? ..... yes ..... no

Explain any "yes" answers that you give in this section:

.............................................................................

(6) Structural items.

(i) Are you aware of any past or present water leakage in the house or other structures? ..... yes ..... no

(ii) Are you aware of any past or present movement, shifting, deterioration or other problems with walls, foundations or other structural components? ..... yes ..... no

(iii) Are you aware of any past or present problems with driveways, walkways, patios or retaining walls on the property? ..... yes ..... no

Explain any "yes" answers that you give in this section. When explaining efforts to control or repair, please describe the location and extent of the problem and the date and person by whom the work was done, if known:

..............................................................................

(7) Additions/remodeling. Have you made any additions, structural changes or other alterations to the property? ..... yes ..... no

If "yes," please describe: .................................................

.............................................................................

(8) Water and sewage.

(i) What is the source of your drinking water?

..... public ..... community system

..... well on property ..... other

If "other," please explain: .................................................

..............................................................................

(ii) If your drinking water source is not public:

when was your water last tested? ..........

what was the result of the test? ..........

Is the pumping system in working order?

..... yes ..... no

If "no," please explain: ...................................................

.............................................................................

(iii) Do you have a softener, filter or other purification system? ..... yes ..... no

If "yes," is the system: ..... leased ..... owned

(iv) What is the type of sewage system?

..... public sewer ..... private sewer

..... septic tank ..... cesspool ..... other

If "other," please explain: ................................................

.............................................................................

(v) Is there a sewage pump? ..... yes ..... no

If "yes," is it in working order?

..... yes ..... no

(vi) When was the septic system or cesspool last serviced? ..................

(vii) Is either the water or sewage system shared? ..... yes ..... no

If "yes," please explain: ..................................................

.............................................................................

(viii) Are you aware of any leaks, backups or other problems relating to any of the plumbing, water and sewage-related items? ..... yes ..... no

If "yes," please explain: ..................................................

.............................................................................

(9) Plumbing system.

(i) Type of plumbing: ..... copper ..... galvanized

..... lead ..... PVC ..... unknown ..... other

If "other," please explain: ................................................

.............................................................................

(ii) Are you aware of any problems with any of your plumbing fixtures (including, but not limited to: kitchen, laundry or bathroom fixtures, wet bars, hot water heater, etc.)?

..... yes ..... no

If "yes," please explain: ..................................................

.............................................................................

(10) Heating and air conditioning.

(i) Type of air conditioning: ..... central electric ..... central gas ..... wall ..... none

Number of window units included in sale: ...................................

Location: ..................................................................

.............................................................................

(ii) List any areas of the house that are not air conditioned: ............

.............................................................................

(iii) Type of heating: ..... electric ..... fuel oil ..... natural gas ..... other

If "other," please explain: ................................................

.............................................................................

(iv) List any areas of the house that are not heated: .....................

(v) Type of water heating: ..... electric ..... gas ..... solar ..... other

If "other," please explain: ................................................

.............................................................................

(vi) Are you aware of any underground fuel tanks on the property? ..... yes ..... no

If "yes," please describe: .................................................

.............................................................................

Are you aware of any problems with any item in this section? ..... yes ..... no

If "yes," please explain: ...................................................

..............................................................................

(11) Electrical system. Are you aware of any problems or repairs needed in the electrical system?

..... yes ..... no

If "yes," please explain: ...................................................

..............................................................................

(12) Other equipment and appliances included in sale (complete only if applicable).

(i) ..... Electric garage door opener

Number of transmitters .....

(ii) ..... Smoke detectors How many? .....

Location: ..................................................................

.............................................................................

(iii) ..... Security alarm system

..... owned ..... leased

Lease information: .........................................................

.............................................................................

(iv) ..... Lawn sprinkler

Number ..... Automatic timer .....

(v) ..... Swimming pool ..... Pool heater ..... Spa/hot tub

List all pool/spa equipment: ...............................................

.............................................................................

(vi) ..... Refrigerator ..... Range

..... Microwave oven ..... Dishwasher

..... Trash compactor ..... Garbage disposal

(vii) ..... Washer ..... Dryer

(viii) ..... Intercom

(ix) ..... Ceiling fans ..... Number

Location: ..................................................................

(x) Other: ................................................................

Are any items in this section in need of repair or replacement? ..... yes ..... no ..... unknown

If "yes," please explain: ...................................................

..............................................................................

(13) Land (soils, drainage and boundaries).

(i) Are you aware of any fill or expansive soil on the property? ..... yes ..... no

(ii) Are you aware of any sliding, settling, earth movement, upheaval, subsidence or earth stability problems that have occurred on or that affect the property? ..... yes ..... no

Note to Buyer: Your property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence damage may occur and mine subsidence insurance are available through:

Department of Environmental Protection
Mine Subsidence Insurance Fund
3913 Washington Road
McMurray, PA 15317
412-941-7100

(iii) Are you aware of any existing or proposed mining, strip mining or any other excavations that might affect this property?

..... yes ..... no

(iv) To your knowledge, is this property or part of it located in a flood zone or wetlands area?

..... yes ..... no

(v) Do you know of any past or present drainage or flooding problems affecting the property?

..... yes ..... no

(vi) Do you know of any encroachments, boundary line disputes or easements? ..... yes ..... no

NOTE TO BUYER: Most properties have easements running across them for utility services and other reasons. In many cases, the easements do not restrict the ordinary use of the property, and the seller may not be readily aware of them. Buyers may wish to determine the existence of easements and restrictions by examining the property and ordering an abstract of title or searching the records in the Office of the Recorder of Deeds for the county before entering into an agreement of sale.

(vii) Are you aware of any shared or common areas (for example, driveways, bridges, docks, walls, etc.) or maintenance agreements?

..... yes ..... no

Explain any "yes" answers that you give in this section:

..............................................................................

(14) Hazardous substances.

(i) Are you aware of any underground tanks or hazardous substances present on the property (structure or soil), including, but not limited to, asbestos, polychlorinated biphenyls (PCBs), radon, lead paint, urea-formaldehyde foam insulation (UFFI), etc.? ..... yes ..... no

(ii) To your knowledge, has the property been tested for any hazardous substances? ..... yes ..... no

(iii) Do you know of any other environmental concerns that might impact upon the property?

..... yes ..... no

Explain any "yes" answers that you give in this section:

..............................................................................

(15) Condominiums and other homeowners associations (complete only if applicable).

Type: ..... condominium ..... cooperative

..... homeowners association ..... other

If "other," please explain: ................................................

.............................................................................

NOTICE REGARDING CONDOMINIUMS AND COOPERATIVES:
According to 68 Pa.C.S. Secs. 3407 (relating to resales of units) and 4409 (relating to resales of cooperative interests), a buyer of a resale unit in a condominium or cooperative must receive a certificate of resale issued by the association in the condominium or cooperative.
The buyer will have the option of canceling the agreement with return of all deposit moneys until the certificate has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first.

(16) Miscellaneous.

(i) Are you aware of any existing or threatened legal action affecting the property?

..... yes ..... no

(ii) Do you know of any violations of Federal, State or local laws or regulations relating to this property? ..... yes ..... no

(iii) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected?

..... yes ..... no

(iv) Are you aware of any judgment, encumbrance, lien (for example, comaker or equity loan) or other debt against this property that cannot be satisfied by the proceeds of this sale?

..... yes ..... no

(v) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the property?

..... yes ..... no

(vi) Are you aware of any material defects to the property, dwelling or fixtures which are not disclosed elsewhere on this form?

..... yes ..... no

Explain any "yes" answers that you give in this section:

.............................................................................

The undersigned seller represents that the information set forth in this disclosure statement is accurate and complete to the best of the seller's knowledge. The seller hereby authorizes any agent for the seller to provide this information to prospective buyers of the property and to other real estate agents. The seller alone is responsible for the accuracy of the information contained in this statement. The seller shall cause the buyer to be notified in writing of any information supplied on this form which is rendered inaccurate by a change in the condition of the property following the completion of this form.

SELLER ...................................... DATE .....................
SELLER ...................................... DATE .....................
SELLER ...................................... DATE .....................
........................................................................

EXECUTOR, ADMINISTRATOR, TRUSTEE

The undersigned has never occupied the property and lacks the personal knowledge necessary to complete this disclosure statement.
........................................................................
........................................................................
............................................. DATE .....................
........................................................................
........................................................................

RECEIPT AND ACKNOWLEDGMENT BY BUYER
a The undersigned buyer acknowledges receipt of this disclosure statement. The buyer acknowledges that this statement is not a warranty and that, unless stated otherwise in the sales contract, the buyer is purchasing this property in its present condition. It is the buyer's responsibility to satisfy himself or herself as to the condition of the property. The buyer may request that the property be inspected, at the buyer's expense and by qualified professionals, to determine the condition of the structure or its components.
BUYER ........................................ DATE ....................
BUYER ........................................ DATE ....................
BUYER ........................................ DATE ....................

68 P.S. § 1026. Delivery of disclosure form

(a) Method of delivery. The seller's delivery of the property disclosure statement to the buyer as prescribed by this act shall be by personal delivery, ordinary mail, certified mail return receipt requested or facsimile transmission to the buyer or the buyer's agent.

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