Pennsylvania HB 1704: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions relating to residential real property, further providing for definitions; in seller disclosures, further providing for disclosure form and providing for website information and for flood disclosure; and imposing duties on the Insurance Department.

Bill Text

PRIOR PRINTER'S NO. 2093 PRINTER'S NO. 2385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1704
Session of
2025
INTRODUCED BY WARREN, VITALI, HILL-EVANS, PIELLI, GIRAL, KHAN,
SANCHEZ, T. DAVIS, HADDOCK, DELLOSO, D. WILLIAMS, CIRESI,
ZIMMERMAN, SAPPEY AND MADSEN, JULY 7, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 30, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to residential real property, further providing for
definitions; in seller disclosures, further providing for
disclosure form and providing for website information and for
flood disclosure; and imposing duties on the Insurance
Department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "material defect" in section
7102 of Title 68 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding definitions to
read:
SECTION 1. SECTION 7102 OF TITLE 68 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
§ 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
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used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Flood damage." Damage to the subject property, including
damage to personal property located on the subject property,
caused by a natural flood event.
"Flood-related risk factor "FLOOD RISK INDICATOR ." Any of
the following that indicate a potential risk of flood damage to
the subject property:
(1) Whether the subject property has previously
experienced flood damage . , AND IF SO, THE NUMBER OF TIMES AND
ESTIMATED DATES OF THE FLOOD DAMAGE.
(2) Whether the subject property is in a special flood
hazard area or moderate risk flood hazard area, as determined
by the Federal Emergency Management Agency.
(3) Whether the owner of the subject property is
required to obtain and maintain flood insurance.
(4) Whether the current owner or any previous owner of
the subject property SELLER received any form of governmental
assistance for flood damage to the subject property.
(5) Whether the current owner of the subject property
maintains flood insurance on the subject property.
(6) current owner of the subject property (5) WHETHER THE
SELLER has ever filed an insurance claim for flood damage to
the subject property, either through a private insurance
company or through the National Flood Insurance Program.
(7) Whether there is an elevation certificate on the
subject property from the Federal Emergency Management
Agency.
"Material defect." As follows:
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(1) 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.
(2) 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.
(3) The term includes a flood-related risk factor.
* * *
"Natural flood event." A general and temporary condition of
partial or complete inundation of two or more acres of normally
dry land area or of two or more parcels of real property, at
least one of which is the subject property, from any of the
following:
(1) Overflow of inland or tidal waters.
(2) Unusual and rapid accumulation or runoff of surface
waters from any source.
(3) Mudflow.
(4) Collapse or subsidence of land along the shore of a
lake or similar body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels.
* * *
Section 2. Section 7304(b) of Title 68 is amended by adding
a paragraph to read: 7304(B)(13) OF TITLE 68 IS AMENDED TO READ:
§ 7304. Disclosure form.
* * *
(b) Contents of property disclosure statement.--The form of
property disclosure statement promulgated by the State Real
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Estate Commission shall call for disclosures with respect to all
of the following subjects:
* * *
(18) Any flood-related risk factor, to the best of the
seller's knowledge. If known and applicable, the seller shall
disclose the number of times and the estimated dates that the
subject property experienced flood damage.
* * *
(13) [SOILS, DRAINAGE, BOUNDARIES AND SINKHOLES.]
LAND, INCLUDING SOILS, DRAINAGE, BOUNDARIES, SINKHOLES AND
FLOOD RISK INDICATORS.
* * *
Section 3. Title 68 is amended by adding sections to read:
§ 7305.1. Website information