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Pennsylvania Residential Real Estate Sales Disclosure Statement
Pennsylvania Estate And Trust Law
Description Pennsylvania State Real Estate Commission Seller's Disclosure Form
Pa Sellers Disclosure Form Related forms
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Real Estate Disclosure Statement Form Interesting Questions
An estate in Pennsylvania refers to all the assets, property, and debts left behind by a person after their death.
An executor in Pennsylvania is responsible for managing and distributing the assets of the deceased person according to their will or state laws. They act as the personal representative of the estate.
While it is not legally required to have a will in Pennsylvania, having one ensures that your assets are distributed according to your wishes and can simplify the probate process for your loved ones.
Probate in Pennsylvania is the legal process of validating a will, appointing an executor, and distributing assets according to the will or state laws. It involves filing necessary documents and resolving any outstanding debts or claims.
Probate fees in Pennsylvania may include court costs, attorney fees, executor fees, and other expenses related to the administration of the estate. The specific fees can vary depending on the complexity and value of the estate.
Yes, a person can challenge a will in Pennsylvania if they believe it was created under undue influence, fraud, or if the deceased person lacked mental capacity at the time of making the will. Consulting with an attorney is advisable in such cases.
If someone dies without a will in Pennsylvania, their assets will be distributed according to the state's intestacy laws. Generally, the assets will go to the closest living relatives, such as spouses, children, or parents, in a predetermined order.
Yes, certain assets can be transferred without going through probate in Pennsylvania. Examples include assets held in joint tenancy, payable-on-death accounts, and assets held in a living trust.
A trust in Pennsylvania is a legal arrangement where a person (the grantor) transfers their assets to a trustee who manages and distributes the assets to beneficiaries according to the terms of the trust. It allows for privacy and potential tax benefits.
Pennsylvania does not have its own estate tax. However, it is important to consider federal estate tax laws, as estates with significant assets may be subject to federal estate taxes.
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Pennsylvania Statutes
TITLE 68 REAL AND PERSONAL PROPERTY (Pa.C.S.A.)
PART III RESIDENTIAL REAL PROPERTY
CHAPTER 73 SELLER DISCLOSURES
68 Pa.C.S.A. § 7301. Short title of chapter.
68 Pa.C.S.A. § 7302. Application of chapter
68 Pa.C.S.A. § 7303. Disclosure of material defects
68 Pa.C.S.A. § 7304. Disclosure form
68 Pa.C.S.A. § 7305. Delivery of disclosure form68 Pa.C.S.A. § 7306. Information unavailable to seller
68 Pa.C.S.A. § 7307. Information subsequently rendered inaccurate
68 Pa.C.S.A. § 7308. Affirmative duty of seller
68 Pa.C.S.A. § 7309. Nonliability of seller
68 Pa.C.S.A. § 7310. Nonliability of agent
68 Pa.C.S.A. § 7311. Failure to comply
68 Pa.C.S.A. § 7312. Amendment of disclosure
68 Pa.C.S.A. § 7313. Specification of items for disclosure no limitation on other disclosure obligations
68 Pa.C.S.A. § 7314. Cause of action
68 Pa.C.S.A. § 7315. Preemption of local requirements
68 Pa.C.S.A. § 7301. Short title of chapter.
Text of section effective one year from December 20, 2000
This chapter shall be known and may be cited as the Real Estate Seller Disclosure Law.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7302. Application of chapter
Text of section effective one year from December 20, 2000
(a) General rule. This chapter shall apply to all residential real estate transfers except the following:
(1) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
(2) Transfers of new residential construction that has not been previously, occupied when:
(i) the buyer has received a one-year or longer written warranty covering such construction;
(ii) the dwelling has been inspected for compliance with the applicable building code or, if there is no applicable code, for compliance with a nationally recognized model building code; and
(iii) a certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
(b) Limitations in the case of condominiums or cooperatives. Under Subpart B of Part II (relating to condominiums) or a similar provision of prior law or a cooperative as defined in section 4103 (relating to definitions), a seller shall be obligated to make disclosures under this chapter only with respect to the seller's own unit and shall not be obligated by this chapter to make any disclosure with respect to any common elements or common facilities of the condominium or cooperative. The provisions of section 3407 (relating to resales of units) shall control disclosures a seller is required to make concerning common elements in a condominium, and section 4409 (relating to resales of cooperative interests) shall control disclosures a seller is required to make concerning common elements in a cooperative.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7303. Disclosure of material defects
Text of section effective one year from December 20, 2000
Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7304. Disclosure form
Text of section effective one year from December 20, 2000
(a) General rule. The 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 and boundaries.
(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.
(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), [fn1] known as the Real Estate Seller Disclosure Act, shall be deemed to be the form contemplated under subsection (b).
[fn1] 68 P. S. § 1021 et seq. (repealed).
2000, Dec. 20, P.L. 815, No, 114, § 1, effective in one year.
68 Pa.C.S.A. § 7305. Delivery of disclosure form
Text of section effective one year from December 20, 2000
(a) Method of delivery. The seller shall deliver the property disclosure statement to the buyer by personal delivery; first class mail; certified mail, return receipt requested; or facsimile transmission to the buyer or the buyer's agent.
(b) Parties to whom delivered. For purposes of this chapter, delivery to one prospective buyer or buyer's agent is deemed delivery to all persons intending to take title as co-tenants, joint tenants or as a tenant by the entireties with the buyer. Receipt may be acknowledged on the statement, in an agreement of transfer for the residential real property or shown in any other verifiable manner.
2000, Dec. 20, P.L.
Pennsylvania Statutes
TITLE 68 REAL AND PERSONAL PROPERTY (Pa.C.S.A.)
PART III RESIDENTIAL REAL PROPERTY
CHAPTER 73 SELLER DISCLOSURES
68 Pa.C.S.A. § 7301. Short title of chapter.
68 Pa.C.S.A. § 7302. Application of chapter
68 Pa.C.S.A. § 7303. Disclosure of material defects
68 Pa.C.S.A. § 7304. Disclosure form
68 Pa.C.S.A. § 7305. Delivery of disclosure form68 Pa.C.S.A. § 7306. Information unavailable to seller
68 Pa.C.S.A. § 7307. Information subsequently rendered inaccurate
68 Pa.C.S.A. § 7308. Affirmative duty of seller
68 Pa.C.S.A. § 7309. Nonliability of seller
68 Pa.C.S.A. § 7310. Nonliability of agent
68 Pa.C.S.A. § 7311. Failure to comply
68 Pa.C.S.A. § 7312. Amendment of disclosure
68 Pa.C.S.A. § 7313. Specification of items for disclosure no limitation on other disclosure obligations
68 Pa.C.S.A. § 7314. Cause of action
68 Pa.C.S.A. § 7315. Preemption of local requirements
68 Pa.C.S.A. § 7301. Short title of chapter.
Text of section effective one year from December 20, 2000
This chapter shall be known and may be cited as the Real Estate Seller Disclosure Law.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7302. Application of chapter
Text of section effective one year from December 20, 2000
(a) General rule. This chapter shall apply to all residential real estate transfers except the following:
(1) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
(2) Transfers of new residential construction that has not been previously, occupied when:
(i) the buyer has received a one-year or longer written warranty covering such construction;
(ii) the dwelling has been inspected for compliance with the applicable building code or, if there is no applicable code, for compliance with a nationally recognized model building code; and
(iii) a certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
(b) Limitations in the case of condominiums or cooperatives. Under Subpart B of Part II (relating to condominiums) or a similar provision of prior law or a cooperative as defined in section 4103 (relating to definitions), a seller shall be obligated to make disclosures under this chapter only with respect to the seller's own unit and shall not be obligated by this chapter to make any disclosure with respect to any common elements or common facilities of the condominium or cooperative. The provisions of section 3407 (relating to resales of units) shall control disclosures a seller is required to make concerning common elements in a condominium, and section 4409 (relating to resales of cooperative interests) shall control disclosures a seller is required to make concerning common elements in a cooperative.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7303. Disclosure of material defects
Text of section effective one year from December 20, 2000
Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.
2000, Dec. 20, P.L. 815, No. 114, § 1, effective in one year.
68 Pa.C.S.A. § 7304. Disclosure form
Text of section effective one year from December 20, 2000
(a) General rule. The 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 and boundaries.
(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.
(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), [fn1] known as the Real Estate Seller Disclosure Act, shall be deemed to be the form contemplated under subsection (b).
[fn1] 68 P. S. § 1021 et seq. (repealed).
2000, Dec. 20, P.L. 815, No, 114, § 1, effective in one year.
68 Pa.C.S.A. § 7305. Delivery of disclosure form
Text of section effective one year from December 20, 2000
(a) Method of delivery. The seller shall deliver the property disclosure statement to the buyer by personal delivery; first class mail; certified mail, return receipt requested; or facsimile transmission to the buyer or the buyer's agent.
(b) Parties to whom delivered. For purposes of this chapter, delivery to one prospective buyer or buyer's agent is deemed delivery to all persons intending to take title as co-tenants, joint tenants or as a tenant by the entireties with the buyer. Receipt may be acknowledged on the statement, in an agreement of transfer for the residential real property or shown in any other verifiable manner.
2000, Dec. 20, P.L.