Pennsylvania's Seller Property Disclosure Statement: What Sellers Need to Know

If you are selling a home in Pennsylvania, you will almost certainly complete a Seller's Property Disclosure Statement. It is required by the state's Real Estate Seller Disclosure Law, and getting it right protects you as well as the buyer.

What the law requires

Sellers of residential real estate must disclose material defects they know about, using a property disclosure statement in a form that meets the state's requirements. A material defect is a problem that would have a significant adverse effect on the value of the property or that involves an unreasonable risk to people on it.

The statement must be signed and delivered to the buyer before the agreement of sale is signed.

What the form covers

The statement asks about the systems and history of the home, including:

• the roof, basement, foundation and structural items;
• water and sewage systems, plumbing, heating, air conditioning and electrical systems;
• additions or remodeling, and whether permits were obtained;
• water, flooding and drainage, including storm water facilities and sinkholes;
• hazardous substances, such as radon, lead-based paint and asbestos;
• legal matters such as condominium or homeowners association membership.

Completing it well

• Disclose what you know. The law covers defects known to you. You are not required to inspect or investigate, but you must not hide what you know.
• Answer every question. If you do not know, say so. A blank answer invites questions later.
• Attach documents. Repair invoices, warranties, permits and past inspection or radon test reports support your answers.
• Update it. If you learn of a new defect before settlement, tell the buyer.

Exceptions

Certain transfers are exempt, for example some court-ordered transfers, foreclosures, and transfers by a fiduciary administering an estate or trust. If you think an exemption applies, confirm it with an attorney.

The statement is not a warranty

The disclosure reflects your knowledge on the date you sign it. It does not replace a buyer's own inspections, and buyers should still inspect.

When you are ready to sell, we can walk through the form with you. See selling with iNIAZ.