Pennsylvania Seller's Property Disclosure Statement — Everything You Need to Know Before You List
Every home seller in Pennsylvania is required by law to complete the Seller's Property Disclosure Statement before a buyer makes an offer. Most sellers have never seen this document before the moment it's put in front of them at the listing appointment. That is too late to understand what it requires, what the consequences are for getting it wrong, and how to complete it in a way that protects you rather than exposes you.
This page explains every section of the Pennsylvania Seller's Property Disclosure Statement — the actual PAR form used in every residential real estate transaction in the Commonwealth — so you understand what you are disclosing, what you are not required to disclose, and what happens if a buyer discovers after closing that you knew about a defect you didn't reveal.
Questions about your specific disclosure situation?
Josh Wernick - REALTOR®
· Text or call · Same-day response · Keller Williams Real Estate
The Legal Foundation — Act 49 of 1996
Pennsylvania's Real Estate Seller Disclosure Law — Act 49 of 1996, codified at 68 P.S. §7301 et seq. — requires sellers of residential real estate to provide a completed Seller's Property Disclosure Statement to prospective buyers before an agreement of sale is signed. The form recommended and approved for use by the Pennsylvania Association of Realtors is the SPD form — an 11-page document covering 22 separate categories of property condition, legal status, and environmental factors.
The operative legal standard is known material defects. A material defect is a problem with a residential real property that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. You are required to disclose defects you are aware of. You are not required to investigate defects you have no knowledge of. But once you know about a problem — from a prior inspection, a contractor estimate, a neighbor's comment, or your own observation — it must be disclosed. The fact that a structural element, system, or subsystem is at or beyond the end of its normal useful life is not by itself a material defect.
Critical point sellers miss: The disclosure statement is not a warranty. Completing it honestly and thoroughly is your legal protection — not a liability. The statement says explicitly: "This Statement is not a warranty of any kind by Seller or a warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees." Your honest disclosure protects you. Concealment exposes you.
Who Must Complete the Disclosure — and Who Does Not
The Pennsylvania Seller Disclosure Law requires completion from all sellers except those in these specific exempt categories:
1. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust. 2. Transfers as a result of a court order. 3. Transfers to a mortgage lender resulting from a buyer's default and subsequent foreclosure. 4. Transfers from a co-owner to one or more other co-owners. 5. Transfers made to a spouse or direct descendant. 6. Transfers between spouses as a result of divorce, legal separation or property settlement. 7. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 8. Transfers of a property to be demolished or converted to non-residential use. 9. Transfers of unimproved real property. 10. Transfers of new construction that has never been occupied where the buyer has received a one-year warranty, the building has been inspected for code compliance, and a certificate of occupancy has been issued.
The common law duty survives the exemptions: Even if your transfer qualifies for one of the above exemptions and you are not required to complete the SPD form, Pennsylvania common law still requires you to disclose any known material defects to avoid fraud, misrepresentation or deceit. This duty continues until the date of settlement. Executors, administrators, and trustees specifically must disclose any known material defects even though they are not required to complete the full SPD form.
The 22 Sections of the Pennsylvania SPD Form — Explained
Section 1 — Seller's Expertise
Whether the seller has expertise in contracting, engineering, architecture, or environmental assessment. Whether seller is a landlord or real estate licensee. These disclosures establish the seller's level of knowledge relevant to evaluating the property.
Section 2 — Ownership and Occupancy
When the property was most recently occupied and by how many people. Whether seller was the most recent occupant. Role of the person completing the form — owner, executor, trustee, or power of attorney. When the property was acquired. Animals that have lived in the residence.
Section 3 — Condominiums, Planned Communities, HOAs
Whether the property is part of a condominium, HOA, planned community, or cooperative. Fee amounts and payment frequency. Community services and maintenance responsibilities. Contact information for the association. Capital contribution and initiation fees.
Section 4 — Roofs and Attic
When the roof was installed. Whether any repairs or replacements were made and whether existing materials were removed. Whether the roof has ever leaked. Moisture problems in the attic. Known problems with gutters, flashing, or downspouts. Documentation available.
Section 5 — Basements and Crawl Spaces
Sump pit and sump pump presence, operation, and working order. Past or present water leakage, accumulation, or dampness in the basement or crawl space. Repairs or attempts to control water problems. Whether downspouts or gutters are connected to a public sewer.
Section 6 — Termites, Wood-Destroying Insects, Dryrot, Pests
Known past or present dryrot, termites, or other pests. Known damage from any of these. Whether the property is currently under contract with a licensed pest control company. Known termite or pest control reports or treatments.
Section 7 — Structural Items
Known movement, shifting, deterioration, or problems with walls, foundations, or structural components. Problems with driveways, walkways, patios, or retaining walls. Water infiltration other than roof, basement, or crawl space. Stucco or EIFS — type, location, date installed. Fire, storm, water, hail, or ice damage. Defects in flooring or floor coverings.
Section 8 — Additions and Alterations
Any additions, structural changes, or alterations made during seller's ownership — with dates, whether permits were obtained, and whether final inspections and approvals were received. Private or public architectural review controls other than zoning codes.
Section 9 — Water Supply
Source of drinking water — public, well, community, holding tank, cistern, spring, or other. Last water test date and results. Shared water systems and written agreements. Softener, filter, or treatment systems including lease status. Well depth, gallons per minute, and last dry date. Unused wells and whether capped.
Section 10 — Sewage System
Type of sewage system — public, community, or individual on-lot. For on-lot systems: proximity to well, holding tank, septic tank, drainfield, sandmound, cesspool, backup system. Tank materials and locations. Last pumping date and service provider. Abandoned systems. Sewage pumps — location, type, working order. Known leaks, backups, or problems.
Section 11 — Plumbing System
Plumbing materials — copper, galvanized, lead, PVC, polybutylene (PB), PEX, or other. Known problems with any plumbing fixtures including kitchen, laundry, bathroom, wet bars, and exterior faucets.
Section 12 — Domestic Water Heating
Type of water heating — electric, natural gas, fuel oil, propane (owned or leased tank), solar (owned or leased), geothermal, or other. Number of water heaters, installation dates, and whether tankless. Summer/winter hook-up systems. Known problems with any water heater or related equipment.
Section 13 — Heating System
Fuel type — electric, natural gas, fuel oil, propane (owned or leased), geothermal, coal, wood, solar, or other. System type — forced hot air, hot water, heat pump, electric baseboard, steam, radiant flooring, radiant ceiling, pellet stove, wood stove, coal stove, wall-mounted split systems. Unheated areas. Heating zones. Installation and last service dates. Backup systems. Fireplaces — number, working order, type, professional installation, last chimney cleaning. Fuel tanks including underground tanks.
Section 14 — Air Conditioning System
Type of air conditioning — central air (zones, installation dates, last service dates), wall units, window units, wall-mounted split units, or none. Areas of the house not air conditioned. Known problems with any air conditioning system or component.
Section 15 — Electrical System
Fuses or circuit breakers. Solar power — partial or full, and whether any part is leased or subject to financing. System amperage. Known knob and tube wiring. Known problems or repairs needed in the electrical system.
Section 16 — Other Equipment and Appliances
Known problems or repairs needed for any item that will or may be included with the property — A/C window units, attic fans, awnings, carbon monoxide detectors, ceiling fans, decks, dishwasher, dryer, electric animal fence, electric garage door opener, garage transmitters, garbage disposal, in-ground lawn sprinklers, intercom, interior fire sprinklers, keyless entry, microwave, pool and spa accessories and cover, pool/spa heater, range/oven, refrigerators, satellite dish, security alarm, sprinkler timer, stand-alone freezer, trash compactor, washer, whirlpool/tub, smoke detectors, and other items.
Section 17 — Pools, Spas and Hot Tubs
Swimming pool — above-ground or in-ground, saltwater or chlorine, heat source, liner type, depth, known problems with pool and equipment. Spa or hot tub — known problems with unit and equipment including steps, lighting, jets, and cover.
Section 18 — Windows
Whether any windows or skylights were replaced during seller's ownership. Known problems with windows or skylights.
Section 19 — Land and Soils
Fill or expansive soil. Sliding, settling, earth movement, upheaval, subsidence, sinkholes, or earth stability problems. Sewage sludge on the property or adjacent property. Existing, past, or proposed mining or excavations. Preferential assessment under Clean and Green, Open Space Act, or Agricultural Area Security Law. Transfer, sale, or lease of timber, coal, oil, natural gas, mineral, or other rights.
Section 20 — Flooding, Drainage and Boundaries
Wetlands designation. Special Flood Hazard Area designation. Flood insurance. Past or present drainage or flooding problems. Drainage or flooding mitigation. Man-made storm water management features and maintenance responsibility. Encroachments, boundary line disputes, or easements. Public road access. Private road or lane access — right of way, easement, or maintenance agreement and whether recorded. Shared or common areas and maintenance agreements.
Section 21 — Hazardous Substances and Environmental Issues
Mold tests or remediation efforts. Radon tests — date, results, and removal system. Lead-based paint (homes built before 1978 also require a separate federal disclosure). Underground tanks — existing or removed. Dumping or refuse disposal on the property. Asbestos, PCBs, or other hazardous substances. Written notices regarding environmental concerns. Environmental testing.
Section 22 — Miscellaneous
Deed restrictions or restrictive covenants. Historic preservation restrictions or archeological designations. Title defects or contractual obligations preventing warranty deed conveyance. Unpaid public improvement, condominium, or HOA assessments. Zoning, housing, building, safety, or fire code violations. Mortgages, judgments, encumbrances, liens, or overdue support obligations that cannot be satisfied by sale proceeds. Insurance claims filed during seller's ownership. Federal, state, or local law violations. Existing or threatened legal action. Additional material defects not disclosed elsewhere on the form.
The Section Most Sellers Get Wrong — Section 5, Basement Water
Section 5 is where more post-closing litigation originates than any other section of the Pennsylvania SPD. If your basement has ever taken water — even once, even twenty years ago, even if you subsequently waterproofed it — that history must be disclosed. The question asks about "past or present" water leakage, accumulation, or dampness. Past means past. A single water event from 1998 that was repaired in 1999 and never recurred must be disclosed. The repair must be described including who did it and when. Sellers who believe a repaired problem doesn't need to be disclosed are wrong and frequently find out after closing.
Section 7 — Structural Items and the Stucco Question
Pennsylvania has a specific stucco litigation environment driven by the widespread use of Exterior Insulation and Finishing Systems (EIFS) in homes built primarily between 1985 and 2007. Section 7D specifically requires disclosure of whether any part of the property is constructed with stucco, EIFS (such as Dryvit), synthetic stucco, synthetic brick, or synthetic stone — including type, location, and installation date. Stucco remediation in Pennsylvania can cost $30,000 to $150,000 or more. Non-disclosure of known stucco issues is among the most common bases for post-closing litigation in the state.
Section 8 — Permits and the Unpermitted Work Problem
Section 8 requires disclosure of all additions, structural changes, and alterations during seller's ownership — with dates, whether permits were obtained, and whether final inspections were received. Pennsylvania's Construction Code Act requires permits for most building work. Where required permits were not obtained, the municipality may require the current owner to upgrade or remove changes made by prior owners. Sellers who disclose unpermitted work give buyers the information to negotiate. Sellers who conceal unpermitted work that a buyer later discovers create post-closing legal exposure that is entirely avoidable.
Section 21 — Radon in Pennsylvania
Pennsylvania has one of the highest radon concentrations of any state in the country — the geology of much of the state, particularly in the southeastern counties including Bucks and Montgomery, produces elevated radon levels that require testing and often mitigation. If radon has been tested on the property, the test date and results must be disclosed. If a radon mitigation system has been installed, that must be disclosed. If no test has been done, the answer to that question is "no" — you are not required to test, but you cannot answer "no" to whether you know of a radon removal system if one exists.
Seller Disclosure and As-Is Sales
Selling a home as-is does not exempt you from completing the Seller's Property Disclosure Statement. As-is means you are not agreeing to make repairs — it does not mean you are not required to disclose what you know. An as-is sale with a completed honest disclosure is legally protected. An as-is sale with a deliberately incomplete disclosure is not.
What Happens If You Don't Disclose
Failure to disclose known material defects in Pennsylvania exposes the seller to post-closing legal action. Pennsylvania courts have found sellers liable for concealment of known defects including: basement water intrusion history, structural problems, EIFS stucco issues, unpermitted additions, environmental contamination, roof leakage history, and pest damage. Remedies available to buyers who discover concealed known defects include: repair cost recovery, diminution in value damages, rescission of the sale, and attorney fees. The disclosure statement creates a legal record of what you knew and disclosed at the time of sale. Your attorney and your agent are not liable for defects you fail to disclose — but you are.
How the Disclosure Process Works in a Pennsylvania Transaction
The seller completes the SPD before the property is listed or at the latest before a buyer signs an agreement of sale. In practice, providing it when the property is listed — before any offer is received — is the standard approach that eliminates the risk of a buyer claiming they were pressured to sign an agreement before receiving the disclosure. Buyers have the right to receive and review the disclosure before they are legally bound to purchase. After receiving the disclosure, buyers acknowledge receipt in writing — that signed acknowledgement is part of the transaction record.
If the seller becomes aware of additional information about the property after completing the form — including through inspection reports from a buyer — the seller must update the Seller's Property Disclosure Statement and attach the inspection reports. The disclosure obligation is continuous through settlement, not a one-time event at listing.
The Common Law Duty — What Survives the Form
Even after completing the SPD honestly and thoroughly, Pennsylvania's common law duty to disclose continues through settlement. If you become aware of a new material defect after completing the form — a roof leak that develops during the listing period, a basement that takes water in a storm, a structural issue identified during a buyer's inspection — you must update the disclosure and notify the buyer in writing. The duty to disclose any known material defect to avoid fraud, misrepresentation, or deceit in the transaction does not end when you sign the form.
I Walk Through This Form With Every Seller Before We List
The Seller's Property Disclosure Statement is one of the most important documents in a Pennsylvania residential real estate transaction — and it is almost always completed at the kitchen table with no guidance from anyone who has read it carefully. I go through every section with every seller before the property goes live. Not because it's required of me — because a seller who understands what they're disclosing and why is protected, and a seller who doesn't understand it is exposed. Call or text 267-934-5674 before you list.
FAQ — Pennsylvania Seller's Property Disclosure Statement
What is the Pennsylvania Seller's Property Disclosure Statement?
A legally required 11-page form that Pennsylvania home sellers must complete and provide to buyers before an agreement of sale is signed. Required under Act 49 of 1996, codified at 68 P.S. §7301 et seq. Covers 22 sections including structural components, mechanical systems, environmental hazards, legal matters, and additional material defects the seller is aware of.
What does "known material defect" mean in Pennsylvania?
A material defect is a problem with a residential real property that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system, or subsystem is at or beyond the end of its normal useful life is not by itself a material defect. You must disclose defects you know about — you are not required to investigate unknown conditions. Once you have knowledge of a defect from any source, it must be disclosed.
Do I have to disclose everything that's wrong with my house in Pennsylvania?
You are required to disclose known material defects — conditions you are aware of that could materially affect the value or use of the property. You are not required to investigate unknown conditions. However, once you have knowledge of a defect from any source — prior inspection, contractor estimate, neighbor's comment, or personal observation — it must be disclosed. Prior water events, structural repairs, unpermitted work, and pest history are the categories most commonly at issue.
Does selling as-is mean I don't have to fill out the disclosure in Pennsylvania?
No. The disclosure is required on virtually all residential sales in Pennsylvania regardless of as-is designation. As-is means you will not make repairs — it does not exempt you from disclosing known defects. An as-is sale with an honest complete disclosure is legally protected. An as-is sale with concealed known defects is not.
What happens if I don't disclose something when selling my house in Pennsylvania?
If a buyer discovers after closing that you knew about a material defect and failed to disclose it, they can pursue legal action including claims for repair costs, diminution in value, rescission of the sale, and attorney fees. The disclosure statement creates a legal record of what you knew and disclosed at the time of sale. Honest and thorough disclosure is your legal protection.
When does the buyer receive the seller disclosure in Pennsylvania?
Before the buyer signs an agreement of sale. In practice, providing it when the property is listed eliminates the risk of a buyer claiming they were pressured to sign before receiving the disclosure. Buyers acknowledge receipt in writing. If the seller becomes aware of new information after completing the form — including through a buyer's inspection reports — the form must be updated through settlement.
Are there exceptions to the Pennsylvania seller disclosure requirement?
Yes — ten specific transfer types are exempt from completing the SPD form, including transfers by fiduciaries during estate administration, transfers resulting from court orders, foreclosure transfers, transfers between co-owners, transfers to spouses or direct descendants, divorce-related transfers, corporate liquidation transfers, demolition transfers, unimproved land transfers, and new construction transfers meeting specific conditions. However, even exempt sellers retain the common law duty to disclose known material defects to avoid fraud and misrepresentation through settlement.
What is the most commonly litigated section of the Pennsylvania seller disclosure?
Section 5 — Basements and Crawl Spaces — generates more post-closing litigation than any other section. The requirement to disclose "past or present" water leakage, accumulation, or dampness means that any historical water event must be disclosed even if repaired. Sellers who believe a repaired basement water problem doesn't need to be disclosed are wrong and frequently find out after closing.
Does the Pennsylvania seller disclosure cover stucco?
Yes — Section 7D specifically requires disclosure of whether any part of the property is constructed with stucco, EIFS (Exterior Insulation and Finishing Systems such as Dryvit), synthetic stucco, synthetic brick, or synthetic stone — including type, location, and installation date. Pennsylvania has a significant EIFS stucco litigation environment driven by homes built between 1985 and 2007. Non-disclosure of known stucco issues is among the most common bases for post-closing litigation in the state.
Questions about what to disclose on your specific property?
Text me before you list. I walk through the disclosure statement with every seller before we go live.