3401 - Applicability; waiver.
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.