Pennsylvania residents who are in the market for a new home may be wondering if they need to complete a Pa Form Disclosure. This form is used to provide information about the property to potential buyers, and it is important that it is filled out accurately. In this blog post, we will discuss what information is required on the Pa Form Disclosure, and we will also provide some tips for completing it correctly. If you have any questions about this form, please don't hesitate to contact us.
Here is some data to help you learn how long it will take to complete the pa form disclosure.
Question | Answer |
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Form Name | Pa Form Disclosure |
Form Length | 11 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 2 min 45 sec |
Other names | seller's property disclosure statement pa, seller disclosure form pa, sellers property disclosure statement, sellers disclosure form pennsylvania |
SELLER'S PROPERTY DISCLOSURE STATEMENT |
SPD |
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).
1PROPERTY
2SELLER
3The Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires that a seller of a property must disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this state- 5 ment includes disclosures beyond the basic requirements of the Law in an effort to assist sellers in complying with seller disclosure 6 requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form 7 can find the form on the Web site of the Pennsylvania State Real Estate Commission.
8This Statement discloses Seller’s knowledge of the condition of the property as of the date signed by Seller and is not a substi- 9 tute for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a
10warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to
11address concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve
12Seller of the obligation to disclose a material defect that may not be addressed on this form. Any
13complete the disclosure form even if the seller does not occupy or has never occupied the property. For a list of exempt sellers,
14see Information Regarding the Real Estate Seller's Property Disclosure Law found on the last page of this document.
15A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on
16the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or
17subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a mate-
18rial defect.
19Check yes, no, unknown (unk) or not applicable (N/A) for each question. Be sure to check N/A when a question does not apply
20to the property. Check unknown when the question does apply to the property but you are not sure of the answer.
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24B
25C
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50C
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1.SELLER'S EXPERTISE
(A)Does Seller possess expertise in contracting, engineering, architecture, environmental assessment or other areas related to the construction and conditions of the property and its improvements?
(B)Is Seller the landlord for the property?
(C)Is Seller a real estate licensee?
Explain any "yes" answers in section 1:
2.OWNERSHIP/OCCUPANCY
(A)Occupation
1.When was the property most recently occupied?
2.Was the Seller the most recent occupant? If "no," when did the Seller most recently occupy the property?
3.How many persons most recently occupied the property?
(B)Role of Individual Completing This Disclosure. Is the individual completing this form:
1.The owner
2.The executor
3.The administrator
4.The trustee
5.An individual holding power of attorney
(C)When was the property purchased?
(D)Are you aware of any pets having lived in the house or other structures during your ownership? Explain section 2 (if needed):
3.CONDOMINIUMS/PLANNED COMMUNITIES/OTHER HOMEOWNERS ASSOCIATIONS
(A)Type. Is the Property part of a(n):
1.Condominium
2.Homeowners association or planned community
3.Cooperative
4.Other type of association or community
(B) If "yes," how much are the fees? $ |
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(C)If "yes," are there any community services or systems that the association or community is responsible for supporting or maintaining? Explain:
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COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2012 |
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9/12 |
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Scott L. Yocum, Broker of Record 1375 Martin Street State College, PA 16803 |
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Todd Costello |
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PROPERTY
Yes No Unk N/A
(D) How much is the capital contribution/initiation fee? $
Notice to Buyer: A buyer of a resale unit in a condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the
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4.ROOF
(A)Installation
1.When was the roof installed?
2.Do you have documentation (invoice, work order, warranty, etc.)?
(B)Repair
1.Has the roof or any portion of it been replaced or repaired during your ownership?
2.If it has been replaced or repaired, was the existing roofing material removed?
(C)Issues
1.Has the roof ever leaked during your ownership?
2.Are you aware of any current/past problems with the roof, gutters, flashing or downspouts? Explain any "yes" answers in section 4, including the location and extent of any problem(s) and any repair or remediation efforts:
5.BASEMENTS AND CRAWL SPACES
(A)Sump Pump
1.Does the property have a sump pit? If yes, how many?
2.Does the property have a sump pump? If yes, how many?
3.If it has a sump pump, has it ever run?
4 If it has a sump pump, is the sump pump in working order?
(B)Water Infiltration
1. Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space?
2. Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
3. Are the downspouts or gutters connected to a public system?
Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
6.
(A)Status
1.Are you aware of any
2.Are you aware of any damage caused by
(B)Treatment
1.Is your property currently under contract by a licensed pest control company?
2.Are you aware of any termite/pest control reports or treatments for the property?
Explain any "yes" answers in section 6, including the name of any service/treatment provider, if applicable:
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102B
104C
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1093
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111F
Yes No Unk N/A 7. STRUCTURAL ITEMS
(A)Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other structural components?
(B)Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
(C)Are you aware of any past or present water infiltration in the house or other structures, other
than the roof, basement or crawl spaces?
(D) Stucco and Exterior Synthetic Finishing Systems
1.Is your property constructed with stucco?
2.Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as
Dryvit or synthetic stucco, synthetic brick or synthetic stone?
3. If "yes," when was it installed?
(E) Are you aware of any fire, storm, water or ice damage to the property?
(F) Are you aware of any defects (including stains) in flooring or floor coverings?
Explain any "yes" answers in section 7, including the location and extent of any problem(s) and any repair or remediation efforts:
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PROPERTY
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120B
Yes
No Unk N/A
8.ADDITIONS/ALTERATIONS
(A)Have any additions, structural changes, or other alterations been made to the property during your ownership? Itemize and date all additions/alterations below.
(B)Are you aware of any private or public architectural review control of the property other than zoning codes?
Note to Buyer: The PA Construction Code Act, 35 P.S. §7210.101 et seq. (effective 2004), and local codes establish standards for building and altering properties. Buyers should check with the municipality to deter- mine if permits and/or approvals were necessary for disclosed work and if so, whether they were obtained. Where required permits were not obtained, the municipality might require the current owner to upgrade or remove changes made by prior owners. Buyers can have the property inspected by an expert in codes com- pliance to determine if issues exist. Expanded title insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval.
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Addition, structural |
Approximate date |
Were permits |
Final inspections/ |
change, or alteration |
of work |
obtained? |
approvals obtained? |
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A sheet describing other additions and alterations is attached.
9.WATER SUPPLY
(A)Source. Is the source of your drinking water (check all that apply):
1.Public
2.A well on the property
3.Community water
4.A holding tank
5.A cistern
6.A spring
7.Other
8.No water service (explain):
(B)Bypass Valve (for properties with multiple sources of water)
1.Does your water source have a bypass valve?
2.If "yes," is the bypass valve working?
(C)Well
1.Has your well ever run dry?
2.Depth of Well
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4.Is there a well used for something other than the primary source of drinking water?
5.If there is an unused well, is it capped?
(D)Pumping and Treatment
1.If your drinking water source is not public, is the pumping system in working order? If "no," explain:
2.Do you have a softener, filter, or other treatment system?
3.Is the softener, filter, or other treatment system leased? From whom?
(E)General
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PROPERTY
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229B
(F)Issues
1.Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items?
2.Have you ever had a problem with your water supply?
Explain any "yes" answers in section 9, including the location and extent of any problem(s) and any repair or remediation efforts:
10.SEWAGE SYSTEM
(A)General
1.Is your property served by a sewage system (public, private or community)?
2.If no, is it due to availability or permit limitations?
3.When was the sewage system installed (or date of connection, if public)?
(B)Type Is your property served by:
1.Public (if "yes," continue to E, F and G below)
2.Community
3.An individual
4.Other, explain:
(C)Individual
1.Within 100 feet of a well
2.Subject to a
3.A holding tank
4.A drainfield
5.Supported by a backup or alternate drainfield, sandmound, etc.
6.A cesspool
7.Shared
8.Other, explain:
(D)Tanks and Service
1.Are there any metal/steel septic tanks on the Property?
2.Are there any cement/concrete septic tanks on the Property?
3.Are there any fiberglass septic tanks on the Property?
4.Are there any other types of septic tanks on the Property?
5.Where are the septic tanks located?
6.How often is the
7.When was the
(E)Abandoned Individual
1.Are you aware of any abandoned septic systems or cesspools on your property?
2.Have these systems or cesspools been closed in accordance with the municipality’s ordinance?
(F)Sewage Pumps
1.Are there any sewage pumps located on the property?
2.What type(s) of pump(s)?
3.Are pump(s) in working order?
4.Who is responsible for maintenance of sewage pumps?
(G)Issues
1.Is any waste water piping not connected to the septic/sewer system?
2.Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items?
Explain any "yes" answers in section 10, including the location and extent of any problem(s) and any repair or remediation efforts:
11.PLUMBING SYSTEM
(A)Material(s). Are the plumbing materials (check all that apply):
1.Copper
2.Galvanized
3.Lead
4.PVC
5.Polybutylene pipe (PB)
6.
7.Other
(B)Are you aware of any problems with any of your plumbing fixtures (e.g., including but not lim- ited to: kitchen, laundry, or bathroom fixtures; wet bars; exterior faucets; etc.)?
If "yes," explain:
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PROPERTY
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12.DOMESTIC WATER HEATING
Yes No Unk N/A |
(A) Type(s). Is your water heating (check all that apply): |
1.Electric
2.Natural gas
3.Fuel oil
4.Propane
5.Solar
6.Geothermal
7.Other
8.Is your water heating a
(B) |
How many water heaters are there? |
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(C) |
Are you aware of any problems with any water heater or related equipment? |
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13. |
HEATING SYSTEM |
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(A) Fuel Type(s). Is your heating source (check all that apply): |
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Electric |
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Natural gas |
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Fuel oil |
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Propane |
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Geothermal |
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Coal |
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Wood |
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Other |
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(B) System Type(s) (check all that apply): |
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Forced hot air |
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Hot water |
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Heat pump |
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Electric baseboard |
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Steam |
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Radiant |
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Wood stove(s) How many? |
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Coal stove(s) How many? |
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Other |
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(C) Status |
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When was your heating system(s) installed? |
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When was the heating system(s) last serviced? |
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How many heating zones are in the property? |
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Is there an additional and/or backup heating system? Explain: |
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(D) Fireplaces |
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Are there any fireplace(s)? How many? |
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Are all fireplace(s) working? |
3. Fireplace types(s) (wood, gas, electric, etc.):
4.Were the fireplace(s) installed by a professional contractor or manufacturer’s representative?
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Are there any chimney(s) (from a fireplace, water heater or any other heating system)? |
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How many chimney(s)? |
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When were they last cleaned? |
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7.Are the chimney(s) working? If "no," explain:
(E) List any areas of the house that are not heated:
(F) Heating and Fuel Tanks
1. Are you aware of any heating fuel tank(s) on the property?
2. Location(s), including underground tank(s):
3. If you do not own the tank(s), explain:
Are you aware of any problems or repairs needed regarding any item in section 13? If "yes," explain:
14.AIR CONDITIONING SYSTEM
Yes No Unk N/A |
(A) Type(s). Is the air conditioning (check all that apply): |
1.Central air
2.Wall units
3.Window units
4.Other
5.None
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PROPERTY
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301P
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307B
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309P
Yes No Unk N/A |
(B) Status |
1.When was the central air conditioning system installed?
2.When was the central air conditioning system last serviced?
3.How many air conditioning zones are in the property?
(C)List any areas of the house that are not air conditioned:
Are you aware of any problems with any item in section 14? If "yes," explain:
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15. |
ELECTRICAL SYSTEM |
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(A) Type(s) |
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Does the electrical system have fuses? |
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Does the electrical system have circuit breakers? |
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(B) What is the system amperage? |
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(C) Are you aware of any knob and tube wiring in the home? |
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Are you aware of any problems or repairs needed in the electrical system? If "yes," explain: |
16.OTHER EQUIPMENT AND APPLIANCES
This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will determine which items, if any, are included in the purchase of the Property.
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Electric garage door opener |
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Trash compactor |
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Garage transmitters |
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Garbage disposal |
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Keyless entry |
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Smoke detectors |
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Washer |
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Carbon monoxide detectors |
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Dryer |
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Security alarm system |
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Intercom |
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Interior fire sprinklers |
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Ceiling fans |
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A/C window units |
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Sprinkler automatic timer |
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Awnings |
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Swimming pool |
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Attic fan(s) |
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Hot tub/spa |
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Satellite dish |
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Deck(s) |
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Storage shed |
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Pool/spa heater |
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Electric animal fence |
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Pool/spa cover |
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Other: |
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Whirlpool/tub |
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Pool/spa accessories |
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Refrigerator(s) |
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Range/oven |
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Microwave oven |
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Dishwasher |
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Are you aware of any problems or repairs needed regarding any item in section 16? If "yes," explain:
17.LAND/SOILS
(A)Property
1.Are you aware of any fill or expansive soil on the property?
2.Are you aware of any sliding, settling, earth movement, upheaval, subsidence, sinkholes or earth stability problems that have occurred on or affect the property?
3.Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you received written notice of sewage sludge being spread on an adjacent property?
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Untitled |
PROPERTY
350Yes No Unk N/A
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4. |
Are you aware of any existing, past or proposed mining, |
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tions that might affect this property? |
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Note |
to Buyer: The property may be subject to mine |
subsidence |
damage. |
Maps of |
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the counties and mines where mine subsidence damage |
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and mine |
subsi- |
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dence |
insurance are available through: Department |
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Environmental |
Protection, |
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Mine |
Subsidence Insurance Fund, 25 Technology Drive, |
California |
Technology |
Park, |
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Center, PA 15423 (800) |
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(724) |
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(outside Pennsylvania). |
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(B) |
Preferential Assessment and Development Rights |
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Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited |
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development rights under the: |
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Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program) |
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Open Space Act - 16 P.S. §11941 et seq |
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3. |
Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) |
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Any other law/program: |
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366 |
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Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § |
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367 |
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to limit the circumstances under which agricultural operations may be subject to nuisance suits |
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368 |
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or ordinances. Buyers are encouraged to investigate whether any agricultural operations cov- |
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ered by the Act operate in the vicinity of the property. |
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370 |
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(C) |
Property Rights |
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371 |
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Are you aware of the transfer, sale and/or lease of any of the following property rights (by you |
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372 |
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or a previous owner of the property): |
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373 |
1 |
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1. |
Timber |
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374 |
2 |
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2. |
Coal |
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375 |
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3. |
Oil |
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376 |
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4. |
Natural gas |
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5. |
Other minerals or rights (such as farming rights, hunting rights, quarrying rights) Explain: |
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379 |
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Note to Buyer: Before entering into an agreement of sale, Buyer can investigate the status of |
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380 |
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these rights by, among other means, engaging legal counsel, obtaining a title examination of |
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381 |
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unlimited years and searching the official records in the county Office of the Recorder of Deeds, |
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382 |
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and elsewhere. Buyer is also advised to investigate the terms of any existing leases, as Buyer |
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383 |
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may be subject to terms of those leases. |
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384 |
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Explain any "yes" answers in section 17: |
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385 |
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386 |
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18. FLOODING, DRAINAGE AND BOUNDARIES |
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387 |
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Yes |
No |
Unk |
N/A |
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(A) Flooding/Drainage |
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388 |
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1. |
Is any part of this property located in a wetlands area? |
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389 |
2 |
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2. |
Is any part of this property located in a a FEMA flood zone? |
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390 |
3 |
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3. |
Are you aware of any past or present drainage or flooding problems affecting the property? |
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391 |
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4. |
Are you aware of any drainage or flooding mitigation on the property? |
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392 |
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Explain any "yes" answers in section 18(A), including dates and extent of flooding: |
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393 |
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394Yes No Unk N/A
3961
4032
404 3
405
4064
(B)Boundaries
1.Are you aware of any encroachments, boundary line disputes, or easements affecting the property?
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 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.
2.Do you access the property from a private road or lane?
3.If "yes," do you have a recorded right of way or maintenance agreement?
4.Are you aware of any shared or common areas (driveways, bridges, docks, walls, etc.) or maintenance agreements?
Explain any "yes" answers in section 18(B):
410 Seller's Initials |
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SPD Page 7 of 9 |
Buyer's Initials |
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Date |
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com |
Untitled |
PROPERTY
411
412Yes No Unk N/A
4131
414
4152
4231
429 2
430
436Yes No Unk N/A
4371
4392
440
4411
4422
443E
444
4461
4482
4503
4524
460Yes No Unk N/A
4611
4632
4653
4664
467
4691
4722
19.HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES
(A)Mold and Indoor Air Quality (other than radon)
1.Are you aware of any tests for mold, fungi, or indoor air quality in the property?
2.Other than general household cleaning, have you taken any efforts to control or remediate mold or
Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. If mold contamination or indoor air quality is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Information on this issue is available from the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C.
(B)Radon
1.Are you aware of any tests for radon gas that have been performed in any buildings on the property? If "yes," list date, type, and results of all tests below:
First Test |
Second Test |
Date
Type of Test
Results (picocuries/liter)
Name of Testing Service
2.Are you aware of any radon removal system on the property?
If "yes," list date installed and type of system, and whether it is in working order below:
Date Installed |
Type of System |
Provider |
Working? |
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(C)Lead Paint
If property was constructed, or if construction began, before 1978, you must disclose any knowledge of, and records and reports about,
1.Are you aware of any
2.Are you aware of any reports or records regarding
(D)Tanks
1.Are you aware of any existing or removed underground tanks? Size:
2.If "yes," have any tanks been removed during your ownership?
(E)Dumping. Are you aware of any dumping on the property?
(F)Other
1.Are you aware of any existing hazardous substances on the property (structure or soil) such as, but not limited to, asbestos or polychlorinated biphenyls (PCBs)?
2.Have you received written notice regarding the presence of an environmental hazard or bio- hazard on your property or any adjacent property?
3.Are you aware of testing on the property for any other hazardous substances or environ- mental concerns?
4.Are you aware of any other hazardous substances or environmental concerns that might
impact upon the property? Explain any "yes" answers in section 19:
20.MISCELLANEOUS
(A)Deeds, Restrictions and Title
1.Are you aware of any deed restrictions that apply to the property?
2.Are you aware of any historic preservation restriction or ordinance or archeological desig- nation associated with the property?
3.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?
4.Are you aware of any insurance claims filed relating to the property?
(B)Financial
1.Are you aware of any public improvement, condominium or homeowner association assess- ments against the property that remain unpaid or of any violations of zoning, housing, build- ing, safety or fire ordinances or other use restriction ordinances that remain uncorrected?
2.Are you aware of any mortgage, judgment, encumbrance, lien, overdue payment on a sup- port obligation, or other debt against this property or Seller that cannot be satisfied by the proceeds of this sale?
474 Seller's Initials |
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SPD Page 8 of 9 |
Buyer's Initials |
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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com |
Untitled |
PROPERTY
475 |
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Yes |
No |
Unk |
N/A |
(C) Legal |
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476 |
1 |
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1. |
Are you |
aware of |
any violations of federal, state, or local laws or regulations |
relating |
to |
this |
477 |
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property? |
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478 |
2 |
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2. |
Are you aware of any existing or threatened legal action affecting the property? |
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479 |
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(D) Additional Material Defects |
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480 |
1 |
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1. |
Are you |
aware of |
any material defects to the property, dwelling, or fixtures |
which |
are |
not |
481 |
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disclosed elsewhere on this form? |
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482 |
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Note to Buyer: A material defect is a problem with a residential real property or any por- |
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483 |
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tion of it that would have a significant adverse impact on the value of the property or that |
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484 |
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involves an unreasonable risk to people on the property. The fact that a structural element, |
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485 |
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system or subsystem is at or beyond the end of the normal useful life of such a structural |
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486 |
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element, system or subsystem is not by itself a material defect. |
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487 |
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2. |
After completing this form, if Seller becomes aware of additional information about the |
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488 |
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property, including through inspection reports from a buyer, the Seller must update |
the |
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489 |
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Seller’s |
Property |
Disclosure Statement and/or attach the inspection(s). These inspection |
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490 |
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reports are for informational purposes only. |
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491Explain any "yes" answers in section 20:
492
493
494
495
49621. ATTACHMENTS
497(A) The following are part of this Disclosure if checked:
498 Seller’s Property Disclosure Statement Addendum (PAR Form SDA)
499
500
501
502The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the
503best of Seller’s knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of
504the property and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE
505INFORMATION CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any informa-
506tion supplied on this form which is rendered inaccurate by a change in the condition of the property following completion of
507this form.
508 |
SELLER |
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DATE |
509 |
SELLER |
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DATE |
510 |
SELLER |
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DATE |
511INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW
512 |
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK |
513According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required
514to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate-
515rial defect(s) of the property.
516 |
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DATE |
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517 |
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RECEIPT AND ACKNOWLEDGEMENT BY BUYER |
518The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a
519warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It
520is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property
521be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components.
522 |
BUYER |
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523 |
BUYER |
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524 |
BUYER |
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DATE |
SPD Page 9 of 9
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com |
Untitled |
Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residen- tial real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A resi- dential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made:
1.Transfers that are the result of a court order.
2.Transfers to a mortgage lender that result from a buyer’s default and subsequent foreclosure sales that result from default.
3.Transfers from a
4.Transfers made to a spouse or direct descendant.
5.Transfers between spouses that result from divorce, legal separation, or property settlement.
6.Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation.
7.Transfer of a property to be demolished or converted to
8.Transfer of unimproved real property.
9.Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust.
10.Transfers of new construction that has never been occupied when:
a.The buyer has received a
b.The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and
c.A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller’s particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of con- dominium and cooperative interests.
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SPD Notices Page 1 of 1 Buyer's Initials |
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Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com |
Untitled |
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RESIDENTIAL |
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LPD |
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This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). |
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THIS FORM MUST BE COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978 |
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LEAD WARNING STATEMENT |
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Every |
purchaser of |
any |
interest in |
residential real property on which a |
residential dwelling was |
built prior to |
1978 is notified |
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5 |
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such property |
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soning. |
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neurological damage, including learning disabilities, reduced |
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intelligence |
quotient, behavioral problems, and |
impaired memory. Lead |
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women. |
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interest in residential real property is required to provide the |
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paint |
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9 |
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hazards |
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risk |
assessments or |
inspections in the |
Seller’s |
possession |
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the Buyer of any known |
paint |
haz- |
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10 |
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ards. A risk assessment or inspection for possible |
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SELLER’S DISCLOSURE |
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Seller has no knowledge of the presence of |
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Seller |
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knowledge of |
the presence of |
paint and/or |
paint |
hazards in or |
about |
the |
Property. (Provide |
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the |
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hazards exist, the location(s), |
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15 |
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other available information concerning Seller’s knowledge of the presence of |
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Seller has no records or reports pertaining to |
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Seller |
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all available |
records |
and reports |
regarding |
paint |
hazards in |
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19 |
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or about the Property. (List documents): |
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Seller certifies that to the best of Seller’s knowledge the above statements are true and accurate. |
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WITNESS |
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AGENT ACKNOWLEDGEMENT AND CERTIFICATION |
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26 |
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Agent/Licensee |
represents |
that |
Agent |
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informed |
Seller |
of |
Seller’s obligations under the Residential |
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27 |
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Hazard Reduction Act, 42 U.S.C. §4852(d), and is aware of Agent’s responsibility to ensure compliance. |
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28 |
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The following |
have reviewed the information above and |
certify that the Agent statements are |
true |
to the |
best of |
their |
knowledge |
and |
belief. |
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29 |
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Seller Agent and Buyer Agent must both sign this form. |
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30 |
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BROKER FOR SELLER (Company Name) |
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31 |
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LICENSEE |
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32 |
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BROKER FOR BUYER (Company Name) |
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33 |
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LICENSEE |
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34 |
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BUYER |
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35 |
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DATE OF AGREEMENT |
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36 |
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BUYER’S ACKNOWLEDGMENT |
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37 |
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/ |
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Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement. |
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38 |
/ |
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Buyer |
has |
reviewed Seller’s disclosure of known |
paint |
and/or |
hazards and has received |
the |
records |
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39 |
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and reports regarding |
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40 |
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Buyer certifies that to the best of Buyer’s knowledge the above statements are true and accurate. |
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41 |
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WITNESS |
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BUYER |
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42 |
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WITNESS |
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BUYER |
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43 |
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WITNESS |
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BUYER |
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COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2010
1/10
Scott L. Yocum, Broker of Record 1375 Martin Street State College, PA 16803 |
Phone: |
Fax: |
Untitled |
|
Todd Costello |
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 |
www.zipLogix.com |
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