68 Pa.C.S. Ch. 71

68 Pa.C.S. § 7101 Short title of part.

This part shall be known and may be cited as the Residential Real Estate Transfers Law.

68 Pa.C.S. § 7102 Definitions.

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agent." Any broker, associate broker or salesperson, as defined in the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act. "Agreement of transfer." A contract between a buyer and seller setting forth the terms of a residential real estate transfer. "Buyer." Any person receiving any estate or interest in real property in a transfer subject to this part. "Commission." The State Real Estate Commission. "Final settlement." The time at which the buyer and seller have signed and delivered all papers and consideration necessary to convey title to the estate or interest in real property being conveyed. "Material defect." A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. "Seller." Any person transferring any estate or interest in residential real property in a transfer subject to this part. "Storm water facility." A basin, pond, ditch, drain, swale, culvert, pipe or other manmade feature of land which was constructed in accordance with Federal, State or local law or regulation to temporarily or permanently convey or manage storm water. (June 19, 2015, P.L.23, No.6, eff. imd.) 2015 Amendment. Act 6 added the def. of " storm water facility. " Cross References. Section 7102 is referred to in sections 7502, 7508 of this title.

68 Pa.C.S. § 7103 Application of part.

(a) General rule.--This part shall apply to and the term "residential real estate transfer" when used in this part shall mean a transfer of any interest in real property located within this Commonwealth, other than a transfer described in subsection (b), that consists of not less than one nor more than four residential dwelling units, whether by sale, exchange, installment sales contract, lease with an option to purchase, grant or transfer of unit in a residential condominium or cooperative. (b) Exceptions.--This part shall not apply to a transfer: (1) Pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain and condemnation and transfers resulting from a decree for specific performance. (2) To a mortgagee by a mortgagor or successor in interest who is in default; to a beneficiary of a deed of trust by a trustee or successor in interest who is in default; by any foreclosure sale after default in an obligation secured by a mortgage; by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale; or by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or who has acquired the real property by a deed in lieu of foreclosure. (3) From one co-owner to one or more other co-owners. (4) Made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors. (5) Between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to the decree. (6) By a corporation, partnership or other association to its shareholders, partners or other equity owners in connection with the liquidation of the corporation, partnership or other association. (7) Of a property to be converted by the buyer into a use other than residential use or to be demolished. (8) Of unimproved real property. Cross References. Section 7103 is referred to in section 7502 of this title.