Home Table of Contents

§ 905. Seller's remedies

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal Property

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 P.S. Real and Personal Property (Refs & Annos)
Chapter 20. Installment Land Contract Law (Refs & Annos)
68 P.S. § 905
§ 905. Seller's remedies
(a) In the event of any default by the purchaser in the payment of any installment, any assessment for public improvements or any sum owed by the purchaser because of repairs made by the seller and payable by the purchaser pursuant to the terms of the contract, the remedies of the seller shall be limited to either:
(1) Termination of the contract in accordance with the provisions of section 4 of this act, or
(2) An action for the recovery of the installment, assessment or the expenditure for repairs made by the seller.
(b) Any seller who has pursued the remedies set forth in clause (2) above may at any subsequent time, unless the purchaser shall have cured any subsequently declared default, terminate the contract in accordance with the provisions of section 4 of this act.1
(c) In any action by a seller, pursuant to subsection (a), clause (2), above, recovery shall be limited to all installments and assessments for public improvements due prior to the surrender of the premises by the purchaser, and whenever the purchaser is responsible for repairs, the value of the repairs made by the seller prior to the surrender and the cost of any actual repairs made by the seller, subsequent to the surrender of the premises, which repairs become necessary by reason of damage done by the buyer or the vandalism of the premises prior to the actual delivery of possession to the seller.
(d) The seller upon termination of any installment land contract, may maintain an action for damages for breach of the contract as hereinafter provided, or an action for the recovery of possession of the property as now provided by law, or both.
(e) In any action by the seller to recover damages for a breach of any installment land contract, the seller shall be entitled to recover damages for all losses resulting from the breach, including but not limited to, the excess of the contract price over the market price at the time of breach, the unpaid installment payment due prior to the surrender of the dwelling by the purchaser, the value of repairs made by the seller prior to the surrender whenever the purchaser is responsible for the repairs, and the cost of any actual repairs made by the seller subsequent to the surrender of the premises which repairs become necessary by reason of damage done by the buyer or the vandalism of the premises prior to the actual delivery of possession to the seller, and any assessments for public improvements. The unpaid balance of the purchase price shall not be considered an item of recoverable damages.

Credits

1965, June 8, P.L. 115, No. 81, § 5.

Footnotes

68 P.S. § 904.
68 P.S. § 905, PA ST 68 P.S. § 905
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document