Pennsylvania Act 2004-51 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - REQUIRED CONTRACTUAL PROVISION REGARDING HOME INSPECTIONS, RELIANCE BY BUYER AND ENGINEERS AND ARCHITECTS

Act text

REAL AND PERSONAL PROPERTY (68 PA.C.S.) - REQUIRED CONTRACTUAL PROVISION
     REGARDING HOME INSPECTIONS, RELIANCE BY BUYER AND ENGINEERS AND
                                ARCHITECTS
                  Act of Jun. 28, 2004, P.L. 464, No. 51              Cl. 68
                             Session of 2004
                               No. 2004-51

     SB 427

                                  AN ACT

     Amending Title 68 (Real and Personal Property) of the
        Pennsylvania Consolidated Statutes, further providing for
        required contractual provision regarding home inspections and
        for reliance by buyer; and providing for engineers and
        architects.

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

        Section 1.  Sections 7506 and 7510 of Title 68 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 7506.  Required contractual provision regarding home
                inspections.
        [A] Except as provided in this section, a provision of an
     agreement of transfer regarding the right of the buyer to obtain
     a home inspection report and providing for the consequences, if
     any, shall provide that the home inspection be performed by a
     full member in good standing of a national home inspection
     association in accordance with the ethical standards and code of
     conduct or practice of that association[. A], provided that a
     home inspection performed by a person who has not attained full
     membership in a national home inspection association satisfies
     the requirements of this section if the person is:
            (1)  licensed or registered as a professional engineer
        under the act of May 23, 1945 (P.L.913, No.367), known as the
        Engineer, Land Surveyor and Geologist Registration Law;
            (2)  licensed or registered under the act of December 14,
        1982 (P.L.1227, No.281), known as the Architects Licensure
        Law; or
            (3)  supervised by a full member in good standing of a
        national home inspection association who agrees to be
        responsible for the home inspection report by signing the
        report.
      § 7510.  Reliance by buyer.
        A buyer shall be entitled to rely in good faith, without
     independent investigation, on a written representation by a home
     inspector that the home inspector is:
            (1)  licensed or registered as a professional engineer
        under the act of May 23, 1945 (P.L.913, No.367), known as the
        Engineer, Land Surveyor and Geologist Registration Law;
            (2)  licensed or registered under the act of December 14,
        1982 (P.L.1227, No.281), known as the Architects Licensure
        Law; or
            (3)  a full member in good standing of a national home
        inspection association.
        Section 2.  Title 68 is amended by adding a section to read:
      § 7513.  Engineers and architects.
        Notwithstanding section 7503(b)(1) (relating to relationship
     to other laws), the following sections: 7505 (relating to
     consumer remedies), 7507(a)(1) and (b) (relating to contracts
     with home inspectors), 7508 (relating to home inspection
     reports) and 7509 (relating to liability insurance) shall apply
     to a person licensed or registered as a professional engineer
     under the act of May 23, 1945 (P.L.913, No.367), known as the
     Engineer, Land Surveyor and Geologist Registration Law, or a
     person licensed or registered under the act of December 14, 1982
     (P.L.1227, No.281), known as the Architects Licensure Law, when
     performing a home inspection.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 28th day of June, A. D. 2004.

     EDWARD G. RENDELL