Title 68, REAL AND PERSONAL PROPERTY

(a) Unenforceable covenants.--An unlawful restrictive covenant contained in an instrument affecting title to real property, whether or not recorded, in this Commonwealth shall be null, void and unenforceable ab initio without need for further action by any person or recorder. (b)…

(a) Landowner may file form.--An owner of real property, including a common interest ownership community, with an unlawful restrictive covenant recorded in the instrument may file a form described in section 7405 (relating to form for repudiation) with the recorder in the county …

(a) Development.--No later than 90 days after the effective date of this section, the department shall develop and release a standardized form for landowners or other persons with an interest in real property to file with the recorder to repudiate an unlawful restrictive covenant…

(a) Board vote for removal.--Notwithstanding any other provision of law, a board of a common interest ownership community may, upon receipt of an opinion by independent legal counsel, consider an unlawful restrictive covenant to be repudiated by a vote of a majority of the member…

If an instrument in the chain of title to the common elements in a condominium, in the common facilities or controlled facilities in a planned community or in the chain of title to a real estate cooperative includes an unlawful restrictive covenant, the board may perform a landow…

This chapter shall be known and may be cited as the Home Inspection Law.

(a) Definitions.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Home inspection." A noninvasive visual examination of some combination of the mechanical, electrical …

(a) General rule.--Nothing in this chapter shall be construed to allow a home inspector who is not registered or licensed under one or more of the following laws to perform any activity that would constitute the practice of the profession regulated by that law: (1) The act of May…

(a) General rule.--It is the duty of a home inspector to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. (b) Standard.--In ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, th…

(a) General rule.--The performance of a home inspection is a service that is subject to the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law. (b) Prohibited acts.--Any of the following acts engaged in by a home inspector…

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 n…

(a) Prohibited provisions.--The following types of provisions in a contract with a home inspector for the performance of a home inspection are contrary to public policy and shall be void: (1) a limitation on the liability of the home inspector for gross negligence or willful misc…

(a) Required contents.--A home inspection report must be in writing and shall include: (1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report. (2) A description of a…

(a) Required insurance.--A home inspector shall maintain insurance against errors and omissions in the performance of a home inspection and general liability, with coverages of not less than $100,000 per occurrence and $500,000 in the aggregate and with deductibles of not more th…

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 Engi…

(a) Criminal penalty.--A person who violates section 7509 (relating to liability insurance) or who provides a false representation under section 7510 (relating to reliance by buyer) commits a summary offense and, upon conviction thereof for a first offense, shall be sentenced to …

An action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered.

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 i…

This chapter shall be known and may be cited as the Private Transfer Fee Obligation Act.

The General Assembly finds and declares that the public policy of this Commonwealth favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The General Assembly further finds a…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Financial institution." A bank, savings association or operating subsidiary of a bank or savings association, a credit …

A private transfer fee obligation recorded or entered into in this Commonwealth on or after the effective date of this chapter does not run with the title to real property and is not binding on or enforceable at law or in equity against a subsequent owner, purchaser or mortgagee …

A person who records or enters into an agreement imposing a private transfer fee obligation in his favor after the effective date of this chapter may be liable for the following: (1) the damages resulting from the imposition of the private transfer fee obligation on the transfer …

(a) General rule.--A contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation and a statement that private transfer fee obligations are subject to cer…

(a) Notice of private transfer fee obligation.--The holder of a private transfer fee obligation imposed prior to the effective date of this chapter shall record, within six months after the effective date of this chapter, against the real property subject to the private transfer …

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Affiliate." A person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is …

(a) Broadband facilities.--The following apply: (1) An electric cooperative corporation or an affiliate of an electric cooperative corporation may provide broadband services or construct, operate and maintain broadband facilities through an existing easement owned, held or used b…