[HISTORY: Adopted by the Board of Supervisors of the Township of Doylestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-2001 by Ord. No. 305]
For the purposes of this article, the following terms shall have the definitions as set forth:
- AGREEMENT OF SALE
- Any agreement, or written instrument, which provides that title to any property shall thereafter be transferred from one owner to another owner, and shall include, inter alia, written leases which contain options to purchase the leased property, and leases which provide that the lessee of the property shall acquire title thereto after the payment of a stipulated number of regular rent payments or after a stipulated period of time.
- Any person, copartnership, association, corporation or fiduciary having such interest in real property so as to be able to enter into agreements to sell real property. Whenever used in any clause prescribing or imposing a penalty, the term "developer" as applied to copartnerships and associations shall mean the partners, or members thereof, and as applied to corporations, the officers thereof. "Developer" shall also be construed to include the agents acting on behalf of the owner.
- Any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. Whenever used in any clause prescribing or imposing a penalty, the term "owner" as applied to copartnerships and associations shall mean the partners, or members thereof, and as applied to corporations the officers thereof. "Owner" shall also be construed to include the agents acting on behalf of the owner.
- Any building or structure or real estate situate in the Township of Doylestown, Bucks County, Pennsylvania.
Prior to executing an agreement of sale for any residential property or lot proposed for residential construction, the potential buyer shall execute a disclosure statement verifying that the developer and/or owner has provided and explained all of the information to the potential buyer as required by this article.
The developer and/or owner shall display a copy of the official Township-approved subdivision or land development plan in the office or other place where property sales are transacted, so that the plans are plainly visible to all potential buyers. The approved subdivision or land development plans shall include the record plan and all other accompanying plans approved with the record plan. Furthermore, each potential buyer shall receive a reduced version of the record plan prior to executing an agreement of sale.
The information as set forth hereafter shall be noted on the approved land development and/or subdivision plans or summarized in narrative form. The information shall further be listed on a checklist form for review and signature by the prospective buyer and for submission to the Township.
It shall be unlawful for any owner, developer and/or his or her agent to sell property or any interest therein, unless the owner, developer or his or her agent shall first deliver to the potential purchaser at or prior to the time of the signing of the agreement of sale a certification referred to previously in this article, and, further, the agreement of sale shall state within its contents, that the owner, developer or agent has delivered to the purchaser, a copy of the certification, a copy of the subdivision plan of lots, and a copy of the lot plan for the lot to be purchased by the potential purchaser of real property. This article shall apply to all owners or developers of property wherein the conveyance of property shall be the first conveyance following the subdivision approval of a major subdivision or where the conveyance is made as part of the construction of a home or other building on the lot, but it shall not be required in the event of resale by the initial purchaser of the property for residential purposes.
All potential purchasers of properties subject to this article shall execute the checklist provided above and shall sign a statement to be presented to the Township prior to the issuance of a certificate of occupancy. If the sale is of an unimproved lot, the Township shall receive the disclosure statement prior to the recording of the new deed to the property. The form of the statement shall be as follows:
No building permit shall be issued if an agreement of sale has been executed prior to the issuance of the building permit, but under no circumstances will a certificate of occupancy be issued, or a deed recorded, unless the seller/developer has complied with the terms and conditions of this article.
Any owner, developer and/or his/her agent who violates the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not more than $500 or undergo imprisonment for not more than 30 days, or both.