§ 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 used in this part shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Agent." Any broker, associate broker or salesperson, as defined in the act of February 19,
1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.
"Agreement of transfer." A contract between a buyer and seller setting forth the terms of a residential real
estate transfer.
"Buyer." Any person receiving any estate or interest in real property in a transfer subject
to this part.
"Commission." The State Real Estate Commission.
"Final settlement." The time at which the buyer and seller have signed and delivered all papers and consideration
necessary to convey title to the estate or interest in real property being conveyed.
"Material defect." 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. 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.
"Seller." Any person transferring any estate or interest in residential real property in a transfer
subject to this part.
"Storm water facility." A basin, pond, ditch, drain, swale, culvert, pipe or other manmade feature of land
which was constructed in accordance with Federal, State or local law or regulation
to temporarily or permanently convey or manage storm water.
(June 19, 2015, P.L.23, No.6, eff. imd.)
2015 Amendment. Act 6 added the def. of "storm water facility."
Cross References. Section 7102 is referred to in sections 7502, 7508 of this title.
Notes of Decisions
Cited in
9
cases (
6 in the last 5 years), 2012–2026 · leading case:
Phelps, N. v. Caperoon, L., 190 A.3d 1230 (Pa. Super. Ct. 2018).
Phelps, N. v. Caperoon, L., 190 A.3d 1230 (Pa. Super. Ct. 2018).
“68 Pa.C.S. § 7102. 11 Section 7304 provides for the following disclosures: (1) Seller's expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements.”
Milliken v. Jacono, 60 A.3d 133 (Pa. Super. Ct. 2012).
“” 68 Pa.C.S. § 7102. *144 In this case, the adverse impact of the murder/ suicide on the value of Milliken’s home is documented in the reports of two expert real estate appraisers, one of whom opined that the attendant stigma reduced the value of the property by ten to fifteen…”
Milliken v. Jacono, 103 A.3d 806 (Pa. 2014).
“See 68 Pa.C.S. § 7102 (containing same definition of material defect).”
Nicholas, K. v. McDonald, C. (Pa. Super. Ct. 2023).
· cites it 4× “vA Be, 68 Pa.C.S. § 7102. The SDS in this case defines a material defect with the exact same language.”
Lavecchia v. Fleming (E.D. Pa. 2023).
“” The Residential Real Estate Transfer Law, 68 Pa. Cons. Stat. § 7102 , defines a “material defect” as: 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…”
Termini, J. v. Redel, W. (Pa. Super. Ct. 2026).
“” 68 Pa.C.S. §7102. RESDL further provides that “In completing the property disclosure statement, the seller shall not make any representations that the seller or the agent for the seller knows or has reason to know are false, deceptive or misleading and shall not fail to…”
Wentworth, D. v. Steinmetz, J., 2025 Pa. Super. 253 (Pa. Super. Ct. 2025).
“68 Pa.C.S. § 7102. The mandatory disclosure form must address the following subjects: (1) Seller’s expertise in contracting, engineering, architecture or other areas related to the construction and conditions of the property and its improvements.”
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