Pennsylvania’s Real Estate Seller Disclosure Law requires most home sellers to give the buyer a signed, dated Seller’s Property Disclosure Statement that lists the material defects they know about. You must deliver it before you and the buyer sign the agreement of sale. The rule applies statewide, from a Philadelphia rowhouse to a farmhouse in the Poconos.
This article is general information and not legal advice. For questions about your own sale, talk to a Pennsylvania real estate attorney.
Key takeaways
- Under 68 Pa.C.S. §7303, you must disclose the material defects you know about and deliver a signed, dated statement before the agreement of sale is signed.
- The law covers all residential transfers except two: fiduciary transfers (estates, guardianships, conservatorships, trusts) and certain never-occupied new construction.
- A buyer who sues under the law has two years after final settlement to file and can recover actual damages for a willful or negligent violation.
- The table below walks through all 17 form sections, followed by a timeline from listing to settlement.
What the law is and where it comes from
The Real Estate Seller Disclosure Law is Chapter 73 of Title 68 of the Pennsylvania Consolidated Statutes. The legislature added it on December 20, 2000, and it took effect one year later. You can read the full text of the Real Estate Seller Disclosure Law on the PA General Assembly site.
Your duty comes from §7303. You complete every applicable item on a disclosure statement that meets the requirements of §7304, sign and date it, and get a copy to the buyer before anyone signs the agreement of transfer.
The State Real Estate Commission writes the baseline form. It’s published as 49 Pa. Code §35.335a, the Commission’s seller property disclosure statement. Sellers may use a form with more detail than the baseline (§7304(a)). Act 6 of 2015 added the storm water item and amended the soils, drainage, boundaries and sinkholes item.
What counts as a “material defect”
The definitions section, 68 Pa.C.S. §7102, defines a material defect as a problem with the property, or any part of it, that would have a significant adverse impact on its value or that involves an unreasonable risk to people on the property.
One clarification matters a lot to sellers of older homes. A structural element, system or subsystem that is near, at or beyond the end of its normal useful life is not a material defect just because it’s old. A 25-year-old furnace that still works doesn’t automatically go on the list. A furnace you know is cracked or unsafe likely does.
Who is exempt
Section 7302(a) lists two exemptions:
- Fiduciary transfers. A fiduciary selling while administering a decedent’s estate, guardianship, conservatorship or trust.
- Qualifying new construction. A home that has never been occupied, where the buyer gets a written warranty of one year or longer, the home was inspected for code compliance, and a certificate of occupancy or code compliance was issued.
Condos and co-ops follow a separate rule. Under §7302(b), you disclose only about your own unit. Common elements fall under the resale-certificate provisions (68 Pa.C.S. §3407 for condos, §4409 for co-ops). The form’s notice explains that the buyer of a resale unit must receive the association’s resale certificate. The buyer may cancel and get deposits back until the certificate is provided and for five days after, or until conveyance, whichever comes first.
Local rules. Section 7315 generally bars municipalities from mandating additional seller disclosures. Ordinances adopted before that section took effect still apply, but they can’t be expanded.
The 17 sections of the form
The Commission’s form has 17 numbered sections. Pulling your records together before you sit down to fill it out makes the answers more accurate and saves you from a last-minute amendment.
| Section | What it asks | What to gather before you answer |
|---|---|---|
| 1. Seller’s expertise | Contracting, engineering or architecture expertise | Your trade or license background |
| 2. Occupancy | When you last lived there | Move-in and move-out dates |
| 3. Roof | Install date, repairs, leaks, gutters | Roofer invoices, warranty |
| 4. Basements & crawl spaces | Sump pump, water, dampness, repairs | Waterproofing receipts |
| 5. Termites, dry rot, pests | Damage, pest contract, treatments in last 5 years | Pest contract, treatment records |
| 6. Structural items | Leaks, wall or foundation movement, driveways, patios, retaining walls | Repair invoices, engineer reports |
| 7. Additions/remodeling | Additions or remodels | Permits, contractor names, dates |
| 8. Water & sewage | Water source, testing, softener/filter, sewer type, septic, shared systems, backups | Water tests, septic service dates, equipment lease |
| 9. Plumbing | Pipe type (copper, galvanized, lead, PVC), fixture problems | Plumber invoices |
| 10. Heating & A/C | System types, unheated areas, water heater, underground fuel tanks | Service records, install dates |
| 11. Electrical | Electrical system problems | Electrician invoices |
| 12. Equipment & appliances | Items needing repair or replacement | List of what stays and its condition |
| 13. Land | Fill or expansive soil, subsidence, mining, flood zone, wetlands, drainage, encroachments, easements | Survey, deed, flooding history |
| 14. Hazardous substances | Underground tanks, asbestos, PCBs, radon, lead paint, UFFI, testing | Radon or lead test results |
| 15. Condos & HOAs | Association membership | Association contact for resale certificate |
| 16. Storm water facilities | Basins, drains, swales or pipes; who maintains them | Plat or HOA notes on storm water upkeep |
| 17. Miscellaneous | Lawsuits, code violations, unpaid assessments, liens, title defects, other defects | Municipal notices, lien statements |
Section 13 includes a note for buyers: some properties may be subject to mine subsidence damage, and maps and mine subsidence insurance are available through the PA Department of Environmental Protection’s Mine Subsidence Insurance Fund.
The form also states that it reflects your knowledge as of the date you sign. It does not replace inspections or warranties, and it is not a warranty by you or by either broker. Buyers should still schedule their own inspection; our home inspection checklist covers what typically gets examined.
What you have to know, and what you don’t
Under §7308, you don’t have to investigate the property to complete the form. You answer from what you know. Section 7306 lets you answer from the best information available when something is unknown or unavailable.
Section 7308 also sets limits. You can’t make a representation that you or your agent know, or have reason to know, is false, deceptive or misleading. And you can’t fail to disclose a material defect you know about.
Section 7309(a) protects you from liability for an error or omission if:
- you didn’t know about it,
- it was based on a reasonable belief that the defect had been corrected, or
- it was based on information from a public agency, home inspector, contractor or other licensed professional working within their scope, and you didn’t know the information was wrong.
Under §7309(c), delivering a written expert report to the buyer can satisfy that exemption.
Agents have a narrower exposure. Under §7310, an agent is liable only with actual knowledge of an undisclosed material defect or a misrepresentation about one. Under §7313(c), the seller’s agent must advise you of your responsibilities under the law and give you a copy of the form. If you list with a Houwzer agent, they’ll hand you the form and go through it with you.
From listing to settlement
The statute sets the timing for each step. In order:
- Complete the form. Answer every applicable item based on what you know (§7303, §7306).
- Amend in writing if needed. If you need to change an answer, amend the statement in writing before the agreement of sale is signed (§7312).
- Deliver the signed, dated statement before the agreement is signed. Personal delivery, first class mail, certified mail with return receipt, or fax to the buyer or the buyer’s agent all count. Delivery to one buyer counts for all co-buyers taking title together (§7303, §7305).
- Document receipt. The buyer can acknowledge receipt on the statement, in the agreement of sale, or another verifiable way (§7305).
- Sign the agreement of sale. The disclosure must already be in the buyer’s hands.
- Between signing and settlement, report changes. If something you disclosed becomes inaccurate because of a later act, occurrence or agreement, notify the buyer (§7307).
- Final settlement. The two-year window for a buyer to sue under the law starts here (§7311(b)).
Once you’re under contract, you’ll also want to plan for seller-side costs like the Philadelphia transfer tax if you’re selling in the city.
Mistakes that create liability
- Delivering the form late. It has to reach the buyer before the agreement is signed (§7303).
- Leaving applicable items blank. The law requires you to complete all applicable items (§7303).
- Softening a known problem. Calling a recurring basement leak “occasional dampness” can count as a misleading representation (§7308).
- Staying silent about a defect you know about. Not mentioning a known material defect is a violation in its own right (§7308).
- Fixing an answer by phone or text. Amendments before signing must be in writing (§7312).
- Not reporting a change before settlement. If an answer becomes inaccurate, tell the buyer (§7307).
- Treating the form as your only duty. The listed items don’t limit other disclosure duties under law or the duty to avoid fraud, misrepresentation or deceit (§7313(a)).
What happens if a seller gets it wrong
Under §7311(a), a disclosure failure doesn’t by itself void the sale. A person who willfully or negligently violates the law is liable for the buyer’s actual damages. The law leaves unchanged a court’s existing authority to award punitive damages or other remedies. Suits must be filed within two years after final settlement (§7311(b)).
Section 7314 also limits what buyers can sue over. There is no cause of action under the chapter for defects disclosed before the agreement was signed, defects that develop after signing, or defects that occur after settlement.
Disclosed defects often come up again during inspection negotiations. Our guide to what fixes are mandatory after a home inspection covers that stage. Buyers budgeting for their side can read about closing costs in PA.
FAQ
Who is exempt from Pennsylvania’s seller disclosure requirement?
The statute lists two exemptions. The first is a fiduciary selling while administering a decedent’s estate, guardianship, conservatorship or trust. The second is never-occupied new construction with a written warranty of at least one year, a code-compliance inspection, and a certificate of occupancy or code compliance. Condo and co-op sellers still disclose, but only about their own unit.
Do I have to disclose a problem I already fixed?
Several sections ask directly about repairs, such as roof repairs, basement repairs and pest treatments in the last five years, so answer those questions as written. Separately, §7309(a) protects a seller from liability for an error based on a reasonable belief that the defect had been corrected. Keep your repair invoices; they help you answer accurately.
Can I sell my house as-is and skip the disclosure form?
The law applies to all residential transfers except the two exemptions in §7302(a), and an as-is sale is not one of them. If your situation seems unusual, ask a Pennsylvania real estate attorney before you skip anything.
What if I find a problem after the agreement of sale is signed?
If something you disclosed becomes inaccurate before settlement because of a later act, occurrence or agreement, §7307 requires you to notify the buyer. Under §7314, the chapter gives buyers no cause of action for defects that develop after signing. Notify the buyer in writing and talk to your agent and attorney about next steps.
How long does a buyer have to sue over seller disclosure in PA?
A buyer must file within two years after final settlement (§7311(b)). The law makes a person who willfully or negligently violates it liable for the buyer’s actual damages. It leaves a court’s existing authority over punitive damages and other remedies unchanged.
