HB 2714 PA

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PRINTER'S NO. 3796 TH E GE N ER AL A S SE MB L Y OF P ENN SY L VA NI A 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 Amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, providing for commercial real property and for seller disclosure involving onsite well. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 68 of the Pennsylvania Consolidated Statutes is amended by adding a part to read: PART IV COMMERCIAL REAL PROPERTY Chapter 91. General Provisions (Reserved) 93. Seller Disclosure Involving Onsite Well CHAPTER 91 GENERAL PROVISIONS (Reserved) CHAPTER 93 SELLER DISCLOSURE INVOLVING ONSITE WELL Sec. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

9111. Scope of chapter. 9112. Definitions. 9113. Disclosure of need for well inspection and testing. 9114. Failure to comply. 9115. Liability. § 9111. Scope of chapter. This chapter relates to the disclosure of the need for a well inspection and testing for commercial real property with an onsite well. § 9112. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Buyer." A purchaser, lessee or transferee of commercial real property from a seller. "Commercial real property." (1) Land or a building or structure, or a portion thereof, that is used or occupied, or intended for use or occupancy, specifically for a business, commercial or income- generating purpose, regardless of whether customers or other individuals are physically present at the location on a regular basis. (2) The term includes: (i) An office. (ii) A wholesale or retail establishment, in which goods are purchased, sold, transferred or distributed, including a restaurant, eating establishment or other establishment that prepares or serves food or drink. (iii) A public accommodation, including a hotel or motel, bed and breakfast or similar establishment. 20260HB2714PN3796 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

(iv) A manufacturing facility. (v) A warehouse or storage facility. (3) The term does not include real property that is used or occupied, or intended for use or occupancy, exclusively for residential purposes. "Department." The Department of Environmental Protection of the Commonwealth. "Disclosure." The disclosure described in section 9113(a) (relating to disclosure of need for well inspection and testing). "Onsite well." A private water supply system that is located directly on, and that provides water to, commercial real property that is not connected to a municipal or other public water supply system. "Seller." A seller, lessor or transferor of commercial real property to a buyer. § 9113. Disclosure of need for well inspection and testing. (a) Requirement.--Before the finalization of the sale, lease or transfer of commercial real property with an onsite well, the seller shall disclose, in a signed and dated writing to the buyer, the need for a well inspection and testing to monitor for bacteria, nitrates, contaminants, volatile organic compounds and other substances in accordance with testing standards prescribed by the department. (b) Form.-- (1) The State Real Estate Commission shall promulgate a form for the disclosure. (2) Nothing in this section shall preclude a seller from using a form for the disclosure that contains more information or greater specificity than the form promulgated 20260HB2714PN3796 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

under paragraph (1). § 9114. Failure to comply. A sale, lease or transfer by a seller shall not be invalidated solely because of the failure of the seller to provide the disclosure to the buyer in accordance with this chapter. § 9115. Liability. (a) Damages.--A seller shall be liable in the amount of actual damages suffered by the buyer as a result of the failure of the seller to provide the disclosure to the buyer in accordance with this chapter, including the cost of the well inspection and testing. (b) Construction.--This section shall not be construed so as to restrict or expand the authority of a court to impose punitive damages or apply other remedies applicable under any other provision of law. (c) Statute of limitations.--An action for damages as a result of a violation of this chapter must be commenced within two years after the date of the finalization of the sale, lease or transfer of commercial real property. Section 2. This act shall take effect in 60 days. 20260HB2714PN3796 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21