Summary#
Pennsylvania House Bill 2861, titled “In seller disclosures, further providing for disclosure form and for affirmative duty of seller and providing for chimney inspection,” would amend Title 68 of the Pennsylvania Consolidated Statutes. Its apparent goal is to require a chimney inspection and give the buyer the report before agreeing to a residential property transfer.
- The State Real Estate Commission’s property disclosure form would have to ask about chimneys.
- A seller would have to pay for a Level II chimney inspection before settlement when the residential property has a chimney that has not been permanently made unusable.
- The inspection would have to follow the National Fire Protection Association 211 standard in effect when the bill takes effect, and be done by an inspector with one of the specified certifications.
- The seller would have to give the buyer the inspection report before both parties sign the transfer agreement.
- The requirement would not apply to transfers exempt under Title 68’s existing seller-disclosure law. The bill text provided does not list those exemptions.
What it means for you#
- Home sellers: You would have to arrange and pay for the required inspection, and provide its report before signing the transfer agreement. The bill does not require you to repair defects the inspection finds.
- Home buyers: You would receive the report before signing the transfer agreement. The bill does not say the buyer must accept the property, or require the seller to fix anything.
- Sellers and buyers: The bill also makes the chimney inspection an exception to the existing rule that sellers need not make a specific investigation or inquiry to complete the disclosure statement. The text retains the rule against sellers making statements they know or have reason to know are false, deceptive or misleading, or failing to disclose a known material defect.
- State Real Estate Commission: The Commission may make rules to implement the inspection requirement; it would not be required to do so.
- General public: The bill is introduced and referred to committee, so it is not law. If enacted, it would take effect 60 days later.
Money#
The bill requires the seller to pay for the inspection, but gives no cost estimate.
- No publicly available information on the expected inspection price or the total cost to sellers.
- The bill does not specify public funding or an appropriation for the Commission.
What is unclear#
- The bill does not define “permanently rendered unusable,” “residential real estate transfer,” or “Level II” inspection.
- It does not explain how sellers should handle cases where the report is not ready before the parties sign the transfer agreement.
- It sets no rules for correcting problems, disputes over inspection findings, or enforcement and penalties.
- The bill refers to existing transfer exemptions, but the parent law was not supplied, so their full scope and the bill’s fit with current law could not be verified.
- It does not say what happens if the Commission does not issue regulations.
Case for#
- A possible argument for the bill is that buyers would get a chimney inspection report before signing, rather than relying only on defects the seller already knows about.
- Requiring an inspection by a person with specified credentials and using a named safety standard could make the inspection requirement more consistent.
- Requiring the seller to arrange the inspection could make it available before the buyer commits to the transfer.
Case against#
- One concern is that sellers would have to pay for an inspection even when it finds no problem; the bill gives no cost estimate.
- The bill does not require repairs or explain how a buyer and seller should resolve serious findings, so the report alone may not address safety concerns.
- The bill leaves key terms undefined and does not set out inspection scheduling, enforcement, or penalties, which could lead to uncertainty about how the requirement works.