A Pennsylvania builder constructs a model home for a new development and uses it as a sales office for two years, with company employees working in it daily. The builder then sells the model home to a buyer as a residential property. Under 68 Pa.C.S. §7304, is the new construction exemption applicable?
Correct Answer
B) No, because the model home was occupied as a commercial space and the new construction exemption requires that the property has never been previously occupied for any purpose
The new construction exemption under 68 Pa.C.S. §7304 requires that the property has never been previously occupied. A model home used as a sales office for two years has been occupied, even if not as a residence. The builder should provide the disclosure.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Pa Seller Disclosure Question
Background Knowledge for Pa Seller Disclosure
Real World Application in Pa Seller Disclosure
Common Mistakes to Avoid on Pa Seller Disclosure Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
More Pa Seller Disclosure Questions
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
- → A buyer in Pennsylvania is purchasing a home built in 1975 that has vermiculite insulation in the attic. The seller knows about the vermiculite but has never had it tested for asbestos. What should the seller disclose?
- → A seller in Pennsylvania has a property where an underground heating oil tank was decommissioned in place (filled with sand or foam) rather than physically removed. The seller has documentation from the company that performed the decommissioning. What should the seller disclose?
- → A seller in Pennsylvania provides the lead paint disclosure form but forgets to include the EPA pamphlet when selling their 1970 home. Has the seller satisfied the federal lead paint disclosure requirements?
- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
- → In Pennsylvania, the lead paint disclosure form for a pre-1978 home sale must be signed by which parties?
- → Why was 1978 chosen as the cutoff year for lead-based paint disclosure requirements in residential real estate transactions?
- → Under Pennsylvania law, a child under age 6 is found to have an elevated blood lead level. Under PA's Lead Poisoning Prevention Act, the local health authority can order an inspection of the child's residence. If the inspection identifies lead hazards, what is the property owner's obligation?
- → A Pennsylvania seller of a pre-1978 home tells their listing agent that they recently had the interior repainted and no longer think lead paint is an issue. The agent knows the home was built in 1955. How should the agent respond?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Real Estate Exam Pass Rates by State: 2026 Data Report
Last updated: March 2026 | Sources: State licensing boards, ARELLO, Bureau of Labor Statistics
What to Do When Your Real Estate Exam Study Plan Looks Good on Paper but Keeps Slipping
If you are searching for real estate exam study plan keeps slipping , the practical answer is usually more useful than a motivational one. The biggest...
How to Prepare for the Real Estate Exam If You Learn Better by Writing Things Out
If you are searching for how to prepare for real estate exam by writing notes , the practical answer is usually more useful than a motivational one. The...
Previous Question
A Pennsylvania corporation that develops senior living communities builds and sells individual condominium units to senior citizens. The units are brand new and have never been occupied. Must the corporation provide the Seller's Property Disclosure Statement?
Next Question
Under Pennsylvania's seller disclosure law, which entity type is specifically exempted from the disclosure requirement when selling property it acquired through the foreclosure process?