HB 2714

                                                 PRINTER'S NO.   3796
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2714
                                          Session of
                                            2026
INTRODUCED BY McNEILL, SANCHEZ, HILL-EVANS AND D. WILLIAMS,
   JULY 27, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JULY 27, 2026
                               AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2    Pennsylvania Consolidated Statutes, providing for commercial
3    real property and for seller disclosure involving onsite
4    well.
5    The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7    Section 1.    Title 68 of the Pennsylvania Consolidated
8 Statutes is amended by adding a part to read:
9PART IV
10COMMERCIAL REAL PROPERTY
11 Chapter
12    91.    General Provisions (Reserved)
13    93.    Seller Disclosure Involving Onsite Well
14CHAPTER 91
15GENERAL PROVISIONS
16(Reserved)
17CHAPTER 93
18SELLER DISCLOSURE INVOLVING ONSITE WELL
19 Sec.
1 9111.   Scope of chapter.
2 9112.   Definitions.
3 9113.   Disclosure of need for well inspection and testing.
4 9114.   Failure to comply.
5 9115.   Liability.
6 § 9111.    Scope of chapter.
7    This chapter relates to the disclosure of the need for a well
8 inspection and testing for commercial real property with an
9 onsite well.
10 § 9112.    Definitions.
11    The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14    "Buyer."      A purchaser, lessee or transferee of commercial
15 real property from a seller.
16    "Commercial real property."
17(1)   Land or a building or structure, or a portion
18    thereof, that is used or occupied, or intended for use or
19    occupancy, specifically for a business, commercial or income-
20    generating purpose, regardless of whether customers or other
21    individuals are physically present at the location on a
22    regular basis.
23(2)   The term includes:
24(i)    An office.
25(ii)    A wholesale or retail establishment, in which
26goods are purchased, sold, transferred or distributed,
27including a restaurant, eating establishment or other
28establishment that prepares or serves food or drink.
29(iii)    A public accommodation, including a hotel or
30motel, bed and breakfast or similar establishment.
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1(iv)    A manufacturing facility.
2(v)    A warehouse or storage facility.
3(3)   The term does not include real property that is used
4    or occupied, or intended for use or occupancy, exclusively
5    for residential purposes.
6    "Department."        The Department of Environmental Protection of
7 the Commonwealth.
8    "Disclosure."        The disclosure described in section 9113(a)
9 (relating to disclosure of need for well inspection and
10 testing).
11    "Onsite well."        A private water supply system that is located
12 directly on, and that provides water to, commercial real
13 property that is not connected to a municipal or other public
14 water supply system.
15    "Seller."      A seller, lessor or transferor of commercial real
16 property to a buyer.
17 § 9113.    Disclosure of need for well inspection and testing.
18    (a)    Requirement.--Before the finalization of the sale, lease
19 or transfer of commercial real property with an onsite well, the
20 seller shall disclose, in a signed and dated writing to the
21 buyer, the need for a well inspection and testing to monitor for
22 bacteria, nitrates, contaminants, volatile organic compounds and
23 other substances in accordance with testing standards prescribed
24 by the department.
25    (b)    Form.--
26(1)   The State Real Estate Commission shall promulgate a
27    form for the disclosure.
28(2)   Nothing in this section shall preclude a seller from
29    using a form for the disclosure that contains more
30    information or greater specificity than the form promulgated
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1    under paragraph (1).
2 § 9114.    Failure to comply.
3    A sale, lease or transfer by a seller shall not be
4 invalidated solely because of the failure of the seller to
5 provide the disclosure to the buyer in accordance with this
6 chapter.
7 § 9115.    Liability.
8    (a)     Damages.--A seller shall be liable in the amount of
9 actual damages suffered by the buyer as a result of the failure
10 of the seller to provide the disclosure to the buyer in
11 accordance with this chapter, including the cost of the well
12 inspection and testing.
13    (b)     Construction.--This section shall not be construed so as
14 to restrict or expand the authority of a court to impose
15 punitive damages or apply other remedies applicable under any
16 other provision of law.
17    (c)     Statute of limitations.--An action for damages as a
18 result of a violation of this chapter must be commenced within
19 two years after the date of the finalization of the sale, lease
20 or transfer of commercial real property.
21    Section 2.    This act shall take effect in 60 days.
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