Pennsylvania Seller's Property Disclosure Statement — What You Are Required to Disclose
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. Understanding what it requires — and what the consequences are for getting it wrong — before you list is one of the most important things you can do to protect yourself in a transaction.
Questions about seller disclosure in Pennsylvania?
Josh Wernick - REALTOR®
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What the Pennsylvania Seller Disclosure Law Requires
Pennsylvania's Real Estate Seller Disclosure Law — Act 49 of 1996 — 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 statement covers the physical condition of the property and requires the seller to disclose known material defects.
The operative word is known. 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 — whether from a prior inspection, from a contractor's estimate, from a neighbor's comment, or from your own observation — it must be disclosed.
What the Disclosure Statement Covers
Structural components
Foundation, roof, walls, floors, ceilings — any known defects, water intrusion history, structural issues, or prior repairs. If your basement has ever taken water, that history must be disclosed even if the problem has been repaired.
Mechanical systems
Heating, cooling, plumbing, electrical, water heater — age where known, known defects, any systems that are not in working order at the time of disclosure.
Environmental hazards
Known presence of radon, lead-based paint (homes built before 1978 also require a separate federal disclosure), asbestos, underground storage tanks, hazardous materials, and any known contamination affecting the property.
Legal and title matters
Pending litigation, code violations, zoning violations, easements that affect use of the property, HOA requirements, and any other legal encumbrances the seller is aware of.
Other known conditions
Pest or termite history, drainage issues, flood zone status, any prior insurance claims on the property, and neighborhood conditions that could materially affect value or use.
What Happens If You Don't Disclose
Failure to disclose known material defects in Pennsylvania can result in the buyer pursuing legal action after closing — including rescission of the sale, damages for repair costs, and attorney fees. The disclosure law creates a legal record of what you knew and disclosed at the time of sale. Honest and thorough disclosure is your legal protection — not a liability.
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. See: Selling a house as-is in Pennsylvania →
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.
Frequently Asked Questions — Pennsylvania Seller Disclosure
What is the Pennsylvania Seller's Property Disclosure Statement?
A legally required form that Pennsylvania home sellers must complete and provide to buyers before an agreement of sale is signed. Required under Act 49 of 1996. Requires disclosure of known material defects — structural, mechanical, environmental, and legal conditions the seller is aware of.
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, it must be disclosed.
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. Honest and thorough disclosure is your legal protection.
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.
When does the buyer receive the seller disclosure in Pennsylvania?
Before the buyer signs an agreement of sale. In practice it is typically provided when the property is listed or when a buyer expresses serious interest. Buyers have the right to receive and review the disclosure before they are legally bound to purchase.