Selling a House With Code Violations in Wilkes-Barre and Northeast PA

Yes. Wilkes-Barre's housing code (Chapter 7, Article VIII, adopted as Ordinance 17-2013) requires an inspection of residential property before it is sold or transferred, and the current owner is the one who applies. The city's Buyer Notification Inspection form lists a fee of $90 per unit, paid by check or money order and mailed with the form. Code enforcement then calls to schedule the visit.

The rule reaches further than most sellers expect. A transfer for $1 counts as a sale. Transfers where the seller and buyer are the same, and tax, sheriff or foreclosure sales, are excluded. The sales certificate is filed with the deed, and the code says no deed can be recorded until the inspection is complete or the transfer is exempt. Selling without it carries a $1,000 fine.

• Smoke detectors in every bedroom, on each floor, and in the basement and attic
• Carbon monoxide detectors where there are fuel-burning appliances
• GFI outlets in the kitchen and bathrooms
• Windows that open, with screens
• Handrails on stairways
• Electric or central heat (kerosene heaters don't count)
• No exposed wiring, and at least 60-amp electrical service
• No leaks, and a weathertight roof

The city's checklist also notes that evidence of lead paint will lead to further testing. Source: Wilkes-Barre Code § 7-273 and the city's inspection checklist.

The city reports one of three results. Approved properties move ahead. Not-approved properties "are not authorized to move forward until the code violations have been corrected," although the city says a written agreement from the buyer may be considered at the inspector's discretion. The city does not spell out what conditional means, so ask the inspector what is needed.

The ordinance lets a failed property transfer only with a written waiver and the buyer's signed agreement to bring it up to code, and no one may occupy it until a re-inspection passes. If you think a finding is wrong, the appeal window is 10 business days.

Pennsylvania's Municipal Code and Ordinance Compliance Act (Act 99 of 2000, amended in 2016 and 2024) sets the ground rules for towns that inspect at resale. Towns don't have to inspect, but those that do must issue a certificate before the purchase date, and the kind of certificate depends on what they find:

The buyer then has 12 months from the purchase date to correct the violations or demolish. The town may agree to more time but can't shorten it, and it may not require an escrow or bond to issue the certificate. Missing the deadline can bring revocation of the certificate, personal liability for the repairs and a fine of $1,000 to $10,000. The Pennsylvania Association of Realtors adds that towns can't require repairs before settlement, though buyer and seller can still negotiate repairs, credits or price.

Usually, yes. Pennsylvania's Real Estate Seller Disclosure Law requires sellers of one- to four-unit homes to give buyers a signed statement of known material defects before the agreement of sale, and not to hide a known defect. The state's form asks directly whether you know of violations of federal, state or local laws, and about ordinance violations that remain uncorrected.

Some transfers are exempt, including court-ordered sales, foreclosures and deeds in lieu, transfers between co-owners or to a spouse or child, divorce transfers, homes that will be demolished, and sales by an executor or other fiduciary settling an estate. There is no exemption for as-is sales or investor buyers. A seller who willfully or negligently violates the law can owe the buyer's actual damages, and the buyer has 2 years from settlement to sue.