Pennsylvania Act 1955-104 — PROPERTY SALE REGULATION LAW

Act text

PROPERTY SALE REGULATION LAW
                 Act of Jul. 27, 1955, P.L. 288, No. 104              Cl. 68
          (Reenacted and amended Nov. 28, 1973, P.L.348, No.121)

                                  AN ACT

     Making it unlawful for owners of certain property in cities of
        the first class, cities of the second class and in cities of
        the second class A, cities of the third class, boroughs,
        towns and townships adopting the provisions of this act, to
        sell or agree to sell such property without first delivering
        to the purchaser a certification of the District
        classification and without first delivering a certification
        disclosing any notice of an uncorrected violation of any
        housing, building, safety, or fire ordinance; and requiring
        such owners to insert in any agreement of sale of such
        property a statement concerning zoning classification,
        legality of the use of such property and, in addition
        thereto, a statement concerning uncorrected violations of
        housing, building, safety or fire ordinances; and providing
        penalties for violations. (Title amended June 23, 1976,
        P.L.400, No.89)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Legislative Findings.--
        (a)  The General Assembly finds that in municipalities
     throughout the Commonwealth many owners of properties are using
     such properties in violation of the zoning ordinances and
     regulations of such municipalities, and are maintaining such
     properties in violation of housing, building, safety, and fire
     ordinances and regulations, and are offering such properties for
     sale without revealing such illegal use or the receipt of notice
     of the existence of housing, building, safety and fire
     violations. Many innocent purchasers of such properties are not
     aware of the illegal use or the existence of the nature of
     violations until they have entered into agreements of sale or
     have consummated the purchase.
        (b)  In order to prevent undue hardships and losses imposed
     on such innocent purchasers by owners who have failed to reveal
     the illegal use of the property being conveyed or who have made
     misrepresentations in that regard, the General Assembly finds
     and declares that in cities of the first class, cities of the
     second class and in cities of the second class A, cities of the
     third class, boroughs, towns, townships of the first class and
     townships of the second class adopting the provisions of this
     act, all sellers of property shall be required to advise the
     purchaser of the legal use of such property, and to deliver to
     the purchaser not later than at the settlement held for such
     property a use registration permit showing the legal use and
     zoning classification for such property.
        (c)  In order to prevent undue hardship and losses imposed on
     an innocent purchaser by an owner who has failed to disclose to
     a prospective purchaser of property that a notice has been
     received that such property is in violation of housing,
     building, safety or fire ordinances or regulations, the General
     Assembly finds and declares that all sellers of property shall
     be required to advise purchasers of any notice received by the
     owners of any violation of any housing, building, safety or fire
     ordinance or regulation with respect to the property to be sold.
        (d)  The provisions of this act may apply to cities of the
     second class A, cities of the third class, boroughs, towns,
     townships of the first class and townships of the second class
     only if the governing bodies of such municipalities so elect.
        (1 amended June 23, 1976, P.L.400, No.89)
        Section 2.   Definitions.--
        (a)  "Owner" means any person, co-partnership, association,
     corporation or fiduciary having legal, or equitable title, or
     any interest in any real property. Whenever used in any clause,
     prescribing or imposing a penalty, the term owner, as applied to
     co-partnerships and associations, shall mean the partners, or
     members thereof, and as applied to corporations, the officers
     thereof.
        (b)  "Property" means any building or structure situate in
     any city of the first class or situate in any city of the second
     class, or situate in any other municipality eligible and
     electing to adopt the provisions of this act, except buildings
     or structures used, designed or intended to be used,
     exclusively, for single family or two-family occupancy, churches
     or other places of religious worship, except that for the
     purpose of certification or statements regarding notices of
     housing, building, safety or fire violations, the word
     "property" shall include all buildings or structures. ((b)
     amended June 23, 1976, P.L.400, No.89)
        (c)  "Agreement of sale" means any agreement, or written
     instrument, which provides that title to any property shall
     thereafter be transferred from one owner to another owner, and
     shall include inter alia written leases which contain options to
     purchase the leased property, and leases which provide that the
     lessee of the property shall acquire title thereto after the
     payment of a stipulated number of regular rent payments or after
     a stipulated period of time.
        (2 reenacted and amended Nov. 28, 1973, P.L.348, No.121)
        Section 3.  Certificates.--
        (a)  In any city of the first class, any city of the second
     class or in any city of the second class A, city of the third
     class, borough, town, township of the first class or township of
     the second class which has adopted the provisions of this act it
     shall be unlawful for any owner to sell his property, or any
     interest therein, unless the owner shall first deliver to the
     purchaser at or prior to the time for settlement a certification
     of the District classification, issued by the appropriate
     municipal officer indicating the zoning classification and the
     legality of the existing use of the property to be sold.
        (b)  It shall be unlawful for an owner to sell his property,
     or any interest therein, unless the owner shall first deliver to
     the purchaser at or prior to the time for settlement a
     certificate issued by the appropriate municipal official
     disclosing whether there exists any notice of an uncorrected
     violation of the housing, building, safety or fire ordinances.
        (3 amended June 23, 1976, P.L.400, No.89)
        Section 3.1.  Agreements of Sale.--
        (a)  Every owner shall insert in every agreement for the sale
     of property a provision showing the zoning classification of
     such property, and stating whether the present use of the
     property is in compliance with or in violation of zoning laws
     and ordinances, and every owner shall insert in every agreement
     for the sale of property a provision disclosing whether there
     exists any notice of an uncorrected violation of the housing,
     building, safety or fire ordinances.
        (b)  If any owner fails to include any provision required by
     this act in an agreement for the sale of property, then in any
     action, at law or in equity, instituted by a purchaser against
     an owner, it shall be conclusively presumed that the owner at
     the time of the signing of such agreement, represented and
     warranted to the purchaser that such property was being used in
     compliance with the then existing zoning laws and ordinances,
     and that there was no uncorrected violation of the housing,
     building, safety or fire ordinances.
        (3.1 amended Nov. 28, 1973, P.L.348, No.121)
        Section 4.  Non-Conforming Uses.--
        A certificate from the appropriate municipal officer
     certifying that the property has been approved or designated as
     a non-conforming use shall be deemed compliance with this act.
        (4 amended June 23, 1976, P.L.400, No.89)
        Section 5.  Penalties.--
        Any owner who violates the provisions of section 3 of this
     act shall be guilty of a misdemeanor, and upon conviction
     thereof, shall be sentenced to pay a fine of not more than one
     thousand dollars, or undergo imprisonment for not more than one
     year, or both.
        (5 amended Nov. 28, 1973, P.L.348, No.121)