(a) General rule.— This chapter shall apply to all residential real estate transfers except the following:
- (1) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
(2) Transfers of new residential construction that has not been previously occupied when:
- (i) the buyer has received a one-year or longer written warranty covering such construction;
- (ii) the dwelling has been inspected for compliance with the applicable building code or, if there is no applicable code, for compliance with a nationally recognized model building code; and
- (iii) a certificate of occupancy or a certificate of code compliance has been issued for the dwelling.