Court Opinions

State Laws

US Code

US Constitution

Applicability; waiver - 68 Pa. Cons. Stat. § 3401

Legal Research Home > Pennsylvania Statutes

                                CHAPTER 34
                         PROTECTION OF PURCHASERS

     Sec.
     3401.  Applicability; waiver.
     3402.  Public offering statement; general provisions.
     3403.  Public offering statement; time-share estates.
     3404.  Public offering statement; condominiums containing
            conversion buildings.
     3405.  Public offering statement; condominium securities.
     3406.  Purchaser's right to cancel.
     3407.  Resales of units.
     3408.  Escrow of deposits.
     3409.  Release of liens.
     3410.  Condominiums containing conversion buildings.
     3411.  Warranty against structural defects.
     3412.  Effect of violations on rights of action.
     3413.  Labeling of promotional material.
     3414.  Declarant's obligation to complete and restore.

        Enactment.  Chapter 34 was added July 2, 1980, P.L.286,
     No.82, effective in 120 days.
     § 3401.  Applicability; waiver.
        (a)  General rule.--This chapter applies to all units subject
     to this subpart, except as provided in subsection (b) and
     section 3411 (relating to warranty against structural defects)
     or as modified or waived by agreement of the purchaser of any
     unit which is intended for nonresidential use at the time of
     sale of such unit by the declarant or by agreement of purchasers
     of units in a condominium who are or intend to be in the
     business of buying and selling condominium units, provided that:
            (1)  a purchaser of a unit intended for residential use
        at the time of sale by the declarant may not modify or waive
        the provisions of section 3411 with regard to such unit and
        the common elements;
            (2)  with regard to any limited common element
        appurtenant only to nonresidential units, the unit owners of
        all such units have agreed to such modification or waiver
        and, with regard to any common elements, other than limited
        common elements, in a condominium in which all units are
        restricted to nonresidential use, all unit owners have agreed
        to such modification or waiver; and
            (3)  no modification or waiver shall prevent any unit
        owner from indirectly benefiting from any provision in this
        chapter by reason of such unit owner being a unit owner in
        the condominium and a member of the association.
        (b)  Public offering statements.--A public offering statement
     need not be prepared or delivered in the case of:
            (1)  a gratuitous transfer of a unit;
            (2)  a disposition pursuant to court order;
            (3)  a disposition by a government or governmental
        agency;
            (4)  a disposition by foreclosure or deed in lieu of
        foreclosure;
            (5)  a disposition of a condominium situated wholly
        outside this Commonwealth pursuant to a contract executed
        wholly outside this Commonwealth; or
            (6)  a transfer to which section 3407 (relating to
        resales of units) applies.
        (c)  Resale certificates.--A resale certificate as described
     in section 3407 need not be prepared or delivered in the cases
     described in subsection (b)(1) through (5).
        (d)  Unified public offering statement.--If a unit is part of
     a condominium and is part of any other real estate regime in
     connection with the sale of which the delivery of a public
     offering statement is required under the laws of this
     Commonwealth, a single public offering statement conforming to
     the requirements of sections 3402 (relating to public offering
     statement; general provisions), 3403 (relating to public
     offering statement; time-share estates) and 3404 (relating to
     public offering statement; condominiums containing conversion
     buildings) as those requirements relate to any real estate
     regimes in which the unit is located and to any other
     requirements imposed under the laws of this Commonwealth may be
     prepared and delivered in lieu of providing two or more public
     offering statements.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        Cross References.  Section 3401 is referred to in sections
     3102, 3406 of this title.

Last modified: November 27, 2007