(a) General rule.--Before conveying a unit, other than by deed in lieu of foreclosure, to a purchaser other than a declarant, a declarant shall record or furnish to the purchaser releases of all liens affecting that unit and its rights with respect to any common elements which the purchaser does not expressly agree to take subject to or assume or shall provide a surety bond or substitute collateral for or insurance against the liens adequate in nature and amount. This subsection does not apply to any convertible or withdrawable real estate in which no unit has been conveyed.
(b) Other liens.--Before conveying real estate to the association, the declarant shall have the real estate released from:
(1) All liens the foreclosure of which would deprive unit owners of any right of access to or easements of support of their units.
(2) All other liens, including, without limitation, real estate taxes, on that real estate unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.
(Oct. 19, 2018, P.L.551, No.84, eff. 60 days)
2018 Amendment. Act 84 amended subsec. (b)(2).
Cross References. Section 5409 is referred to in section 5102 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 54 - Protection of Purchasers
Section 5401 - Applicability; waiver
Section 5402 - Public offering statement; general provisions
Section 5403 - Public offering statement; time-share estates
Section 5404 - Public offering statement; planned communities containing conversion buildings
Section 5405 - Public offering statement; planned community securities
Section 5406 - Purchaser's right to cancel
Section 5407 - Resales of units
Section 5408 - Escrow of deposits
Section 5409 - Release of liens
Section 5410 - Planned communities containing conversion buildings
Section 5411 - Warranty against structural defects
Section 5412 - Effect of violations on rights of action
Section 5413 - Labeling of promotional material
Section 5414 - Declarant's obligation to complete and restore