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Understand Pennsylvania’s seller disclosure requirements
Seller disclosures in Pennsylvania are governed by the state’s Real Estate Seller Disclosure Law. In most residential sales, sellers must provide buyers with a signed property disclosure statement identifying known material defects. A material defect is a problem that significantly affects the property’s value or creates an unreasonable risk to people on the property.
The disclosure form covers major areas of the home, including the roof, foundation, basement, plumbing, electrical system, heating and cooling equipment, and water or sewer service. It also addresses structural problems, past renovations, hazardous substances, drainage, and certain legal or property-related issues.
Know what you must disclose and when
Pennsylvania law requires sellers to disclose known material defects, but it does not generally require them to investigate problems they are unaware of. Sellers should answer the disclosure questions truthfully using the information available to them. For example, a history of basement water intrusion or a known structural problem may require disclosure, even if the issue is not visible during a showing.
The completed disclosure statement must be delivered before the buyer and seller sign an agreement of sale. If previously disclosed information becomes inaccurate before closing because of a later event or development, the seller must notify the buyer. Providing complete and accurate information helps buyers make informed decisions and reduces the risk of disputes.
Understand exceptions and additional requirements
Certain transactions are exempt from Pennsylvania’s disclosure law, including qualifying transfers by fiduciaries administering estates or trusts. However, an estate-related sale is not automatically exempt simply because the property belonged to someone who died. Condominium and cooperative transactions also have special disclosure provisions.
Federal law adds another requirement for most homes built before 1978. Sellers must disclose known lead-based paint information, provide available records, and supply the required federal information pamphlet. Buyers must generally receive an opportunity to conduct a lead inspection or risk assessment. Because disclosure obligations can vary by property and transaction, sellers should consult a qualified Pennsylvania real estate attorney when questions arise.
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