Home Table of Contents

§ 750.7a. Land sale contracts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 5. Water and Sewage (Refs & Annos)
Pennsylvania Sewage Facilities Act (Refs & Annos)
35 P.S. § 750.7a
§ 750.7a. Land sale contracts
(a) Every contract for the sale of a lot as defined in section 21 for which there is no currently existing community sewage system available shall contain a statement in the contract clearly indicating to the buyer that there is no community sewage system available and that a permit for an individual sewage system will have to be obtained pursuant to section 7.2 The contract shall also clearly state that the buyer should contact the local agency charged with administering this act before signing the contract to determine the procedure and requirements for obtaining a permit for an individual sewage system if one has not already been obtained. For purposes of this section the terms “community sewage system” and “individual sewage system” shall be construed to exclude any drainage system for the control of surface water or the control of storm runoff water.
(a.1) Every contract for the sale of a lot as defined in section 2 of this act which is served by an individual sewage system which was installed under the ten-acre permit exemption provisions of section 7 of this act shall contain a statement in the contract that clearly indicates to the buyer that soils and site testing were not conducted and that the owner of the property or properties served by the system, at the time of a malfunction, may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as the result of the malfunction of a sewage system installed in accordance with the permit exemption provisions of section 7 of this act.
(a.2) Every contract for the sale of a lot served by a holding tank, whether permanent or temporary, to which sewage is conveyed by a water carrying system and which is designed and constructed to facilitate ultimate disposal of the sewage at another site shall contain a statement in the contract that clearly indicates that the property is served by such a tank and shall provide a history of the annual cost of maintaining the tank from the date of its installation or the effective date of this amendatory act, whichever is later.
(b) Any contract for the sale of a lot which does not conform to the requirements of this section shall not be enforceable by the seller against the buyer. Any term of such contract purporting to waive the rights of the buyer to the disclosures required in this section shall be void.

Credits

1966, Jan. 24, P.L. (1965) 1535, No. 537, § 7.1, added 1976, Dec. 2, P.L. 1264, No. 280, § 2. Amended 1994, Dec. 14, P.L. 1250, No. 149, § 4, effective in 365 days.

Footnotes

35 P.S. § 750.2.
35 P.S. § 750.7.
35 P.S. § 750.7a, PA ST 35 P.S. § 750.7a
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document