DISCLAIMER: As a friendly reminder, this blog post is meant to be used for educational purposes only, not legal advice. If you need assistance navigating the legalities of what to include on a PA seller disclosure form, HomeLight always encourages you to reach out to your own advisor. So, you’re getting ready to sell your Pennsylvania home, and among the many documents you’ll be signing in the process is a disclosure statement. You’re wondering exactly what sellers in your state are required to disclose (defined as “to make known” or “to expose”) to potential buyers about a house’s condition. Do you have to mention, for example, the flooding that happened in the basement a few years back? What about the age of the water heater you purchased 11 or 12 years ago? Or, perhaps you’ve already found a PDF form online that looks official, but you’re still not sure what it all means. You want to read in plain-speak what you are legally obligated to disclose to buyers — and if you acknowledge problems with your home, does that mean you’ll have to pour money into fixing them before you can close a sale? We’ll explain it all — what is the Pennsylvania seller’s disclosure form, what it does and does not do, when must you complete it, what specifically do you have to disclose, and why this matters — with expert insight along the way. A seller’s disclosure is a form used during the home sale process to help both the seller and the buyer. It helps a seller comply with any applicable laws requiring that they inform buyers of any known material defects and particular features of their property. On the other hand, it helps a buyer make an informed decision about whether to purchase a property in light of its condition. Pennsylvania used to be a “buyer beware” or “caveat emptor” state — meaning that the onus was on the buyer to find out about any defects and features a property may have. However, since the passage of the Pennsylvania Real Estate Seller Disclosure Law (RESDL) in 2000, sellers in the Keystone State have shared more of the financial risk of undisclosed material defects or features of a property. Since RESDL, almost all sellers are required to complete an extensive property condition disclosure form. We’ll break down the required disclosures below, as well as what’s at stake for sellers filling out these forms. Receiving the seller’s disclosure form helps a buyer make an informed decision about whether to purchase a property, hopefully reducing unpleasant surprises about a home’s condition down the road. Carefully reviewing the seller’s disclosure is no substitute for completing a pre-purchase inspection, however. Pennsylvania law encourages a buyer “to address concerns about the condition of the property that may not be included in this statement.” A home inspection is one of the best ways to do just that. Filling out the disclosure accurately and thoroughly is crucial for sellers to protect themselves from future liability. Why? If your buyer discovers something you knowingly concealed or neglected to disclose, that buyer can sue you for damages up to two years after the deal closes. To better understand what’s at stake for Pennsylvania home sellers, we spoke with Cliff Lewis, an Allentown agent who works with over 70% more single-family homes than the average area agent. “Be one hundred percent honest,” advises Lewis, noting that the seller’s disclosure is “one of the only forms that survives settlement, and it’s one of the biggest issues as far as lawsuits down the road go.” Before reviewing all the details of the form, let’s establish what it does not do: Pennsylvania’s RESDL stipulates that the seller’s disclosure form must be completed, signed, dated, and in the hands of a potential buyer before they sign a formal offer (also known as a purchase agreement) on the property. Lewis asks his clients to fill out the disclosure before their listing goes live. Then he uploads it directly to the local multiple listing service (MLS) with the property listing and also prints a copy to leave inside the property, ensuring ample opportunity for prospective buyers to review it. There are two required disclosure forms for Pennsylvania sellers: “Disclose, disclose, disclose,” says Lewis. “You’re one hundred percent better off just disclosing and telling the absolute truth about anything going on on the property versus trying to, you know, hide something or fabricate a story with it. Just be honest and say, here’s what happened and, you know, protect yourself later on down the road.” While the majority of the questions on the required disclosure form address “material defects” (read: significant problems affecting value or safety), you will also find questions about certain characteristics of your property. Based on a 2018 ruling in the state’s Superior Court, as a Pennsylvania seller, you are obligated to disclose both the problems and the characteristics addressed on the form. So, let’s break down the Seller’s Property Disclosure section by section to see what to expect. First, you’ll be asked to explain any expertise you have regarding: If you have no expertise in these areas, leave this section blank. Here, you’ll simply indicate whether you currently occupy the property — and if not, when you last occupied it. In this section, you’ll first be asked the date the roof was installed. After that, expect to be asked about: What if I don’t know when the roof was installed?
Don’t worry — if you don’t know the date the roof was installed or whether the existing shingles were removed, “unknown” is one of your answer choices. If your house has neither of these, skip this section of the form. Otherwise, you’ll be answering questions concerning: Some examples of issues to disclose here are: Fretting about disclosing water in your basement?
Don’t panic. Lewis says this is the number one defect to disclose for his Pennsylvania clients. “We have a lot of slate in our area,” he explains, “and because of that and the way that a lot of the houses sit, you get water in your basement. It’s a pretty common thing, especially because a lot of the houses in our area use block foundation instead of poured concrete walls. So if it’s block, there’s a good chance you’re going to get some water through the walls.” Here, you’ll need to indicate and explain: Here’s a more in-depth look at selling a house with termite damage. This section requires you to answer questions about both the past and the present concerning: A note on water leakage and flooding
Even if leaking or flooding only occurred once — as many Pennsylvania homeowners may have experienced during Hurricane Irene in 2011, for example — a seller has an obligation to disclose it. According to the Pennsylvania Association of Realtors, even one bad storm which caused water to come in under a side door or seep through badly-sealed windows should be disclosed. Here are more tips on selling a home with water damage. Again, don’t assume that a problem disclosed in this section of the form will be a definite turn-off to buyers — especially in a seller’s market. Lewis has seen buyers sign off on disclosures even when they reveal a problem as major as a crack in the foundation. The bigger problem, he emphasizes, is not disclosing: “The lawsuits that we’ve been in with sellers have always been because they didn’t disclose.” Here, take the time to describe any additions, structural changes, or other alterations you’ve made to the property. Though not an exhaustive list, some examples of things you might include could be: When possible, include dates for additions or remodels. Lastly, if you know that a permit should have been acquired for work completed, but was not, it’s a good idea to disclose that too. This is a lengthy section where you’ll be asked to divulge: As with many other sections, if you answer “yes” to a problem’s existence, you’ll need to offer more explanation. Here you’ll need to: A caution about old pipes and recurring clogs
According to Lewis, old cast iron pipes that need replacing can be a significant concern for Pennsylvania sellers and buyers, particularly in more urban areas. Take note, he says — if you’ve been having lots of clogs and a professional tells you that there’s a crack in the pipes or that you need to replace them, you are now liable to disclose that information.
Otherwise, says Lewis, if you say that you’ve never had issues with the plumbing on the property, but the buyer begins to have problems, calls a local professional, and finds out that person has serviced the property a lot in recent history, that buyer will learn that you did have an issue you didn’t disclose and may file suit.
For a one-time clog rather than a systemic problem, however, Lewis says not to worry: “It’s different if three years ago, Roto Rooter came out one time — versus you have them out yearly to run the lines.” Here, you’ll disclose the types of heating, air conditioning, and water heating on the property. Make sure you also include: What about systems that are old but still working?
Just because a system is near the end of its expected life does not mean it merits disclosure. If that old water heater is fully functioning, for example, its age is not considered a material defect. Next, indicate any problems or repairs needed on the electrical system. If you aren’t aware of any current problems, but a significant event occurred at one point, it’s best to disclose it. If, for example, your electrical box was partially submerged by flooding during Hurricane Irene in 2011, make sure you describe that event and what measures (i.e. inspection or replacement) were taken afterward. This is your opportunity to list any appliances included with the sale of the house that need some kind of repair or replacement. For repairs, provide a brief explanation of the problem. Now it’s time to disclose and explain characteristics of the property beyond the house itself, such as: Pro tip on easements
Any easements should be listed on the Deed of Sale, which sellers should have in their possession and potential buyers can find in the relevant county’s Office of the Recorder of Deeds. Whether you know it or not, your property likely has some easements for things like utility services, which likely don’t affect your regular use of the property. Lewis says easements tend to be more of a concern when selling larger tracts of land, such as 10 to 20 acres. In this section, expect to disclose information about potentially harmful materials (whether in the home or anywhere on the property) like: If your property is part of a condo, cooperative, or homeowner association, include pertinent details here. You may also need to attach HOA documents as an addendum, which your listing agent can help with. If none of this applies to the property, leave this section blank. In this section, you’ll need to explain any features of your property designed to divert or manage storm water (as well as who is responsible for maintaining them), such as: In this final, catch-all category, you’ll need to include and explain any: You did it — completed one of the longest questionnaires of your life! As you sign off on this rigorous form, you’re agreeing that: RESDL dictates that in residential real estate transfers, almost all sellers must complete the disclosure form. However, there are a few exceptions: Most importantly, you do not have to disclose that which you truly do not know. Rather than assume or guess for a specific question, simply write or circle “unknown” where applicable. Next, sellers in the Keystone State are also not required to disclose things that, though unpleasant, are not considered to be physical defects. Some examples include: Did you forget to list that bathroom remodel from five years ago? Or later find the paperwork for the roof, only to realize you said it was 10 years old when it’s actually 15? Fortunately, you can amend your disclosure statement. Remember, your signature on the form indicated it was accurate to the best of your knowledge. So, even if an omission or error may seem minor, you need to amend in order to limit your liability. Lewis cautions, “Always, always, make sure it’s completely updated.” If the condition of the property changes — or you gain new knowledge about its condition — before any purchase agreement has been signed, you’ll need to amend your disclosure accordingly. This scenario may come into play, says Lewis, if a deal falls through after a home inspection has been completed. Once you have read an inspection report, you’re responsible to disclose any defects that may come to light which you have not already included on your seller’s disclosure. However, if your property is already under contract when this occurs, you will need to notify the buyer in writing rather than amend your completed form. In spite of its tedium, completing the Pennsylvania Seller’s Property Disclosure Statement accurately and thoroughly is a crucial step for home sellers to protect themselves from future liability. Now that you know what to disclose (and what not to) and why, you can fill it out with confidence and move on toward more exciting phases of your journey — like closing the deal and perhaps buying your next home. Once you’re ready, HomeLight’s Agent Match can connect you with top-performing agents in Pennsylvania who have the local experience and market knowledge to successfully guide you through every step of the home-selling or buying journey. From disclosures to closing, put a top professional in your corner.What is a seller’s disclosure?
Is a seller’s disclosure required in Pennsylvania?
What does a Pennsylvania disclosure form mean for buyers?
What does a Pennsylvania disclosure form mean for sellers?
What does a seller’s disclosure not do?
When is the Pennsylvania disclosure form required to be submitted?
Disclose, disclose, disclose. You’re one hundred percent better off just disclosing and telling the absolute truth about anything going on on the property versus trying to, you know, hide something or fabricate a story with it. Just be honest and say, here’s what happened and, you know, protect yourself later on down the road.
What do I have to disclose when selling a house in Pennsylvania?
The forms
The cardinal rule
The specifics
Seller’s expertise
Occupancy
Roof
Basements and crawl spaces
Termites, wood-destroying insects, dry rot, and pests
Structural issues
Additions and remodeling
Water and sewage
Plumbing system
Heating and air conditioning
Electrical system
Equipment and appliances
Land — issues with soils, drainage, boundaries, and sinkholes
Hazardous substances
Condominiums and other homeowners associations
Storm water facilities
Miscellaneous
Now, what are you certifying by signing your name?
Disclosure exceptions
Q&A: More expert tips about disclosures in Pennsylvania
What can I leave out of my Pennsylvania seller’s disclosure?
What if I accidentally leave something out of my disclosure?
What if something breaks or is discovered after the disclosure?
Are you ready to sell or buy a home in Pennsylvania?
