52 Pa. Stat. § 1552
If subsection (a) of section 1 of this act is applicable, then the person, firm or entity who or which, alone or together with others, sells, conveys, transfers or insures the title to the surface of land by an instrument in writing, or agrees in writing, to do any of the foregoing, without including the notice prescribed by subsection (a) ofsection 1 of this act, shall be liable in damages to the grantee, purchaser, insured or other party to the instrument in an action in assumpsit, based upon implied contract, to the same extent as if there was expressly included in the instrument in writing an agreement and assurance that all coal underneath the surface described or referred to in such instrument in writing and the complete right to surface support derived from or in connection with said coal were included in the property sold, conveyed, transferred, agreed to be sold, conveyed, or transferred, or to which the title was insured or agreed to be insured. Failure to comply with the provisions of section 1 of this act shall not create, convey, transfer, enlarge, impair or otherwise affect any right to or waiver of surface support or any title to land or any other estate or interest in land, and shall not impair or otherwise affect any waiver or release of damages or any immunity from liability or damages other than by giving rise to a cause of action as hereinabove specifically provided.
52 P.S. § 1552