Pennsylvania requires sellers of residential real property to provide buyers with a Seller's Property Disclosure Statement under the Real Estate Seller Disclosure Law (68 Pa.C.S. § 7301 et seq. ).
What Must Be Disclosed
The disclosure covers the condition of nearly every system and component of the property, including: roof, basement, water intrusion, structural problems, plumbing, electrical, heating/cooling, well and septic systems, pests, hazardous substances (lead, asbestos, radon, underground storage tanks), environmental hazards, zoning violations, boundary disputes, and any known material defects.
The "Known Defect" Standard
Pennsylvania follows a "known defect" standard: the seller must disclose defects they are aware of . There is no duty to inspect or discover latent defects. But actively concealing a known defect (painting over water damage, for example) can give rise to fraud claims that survive closing.
⚠ Practical Reality
The disclosure form is the single most common source of post-closing disputes. If you are buying, do not treat it as a substitute for a professional inspection. If you are selling, answer honestly and completely. "I do not know" is acceptable where true, but a false "no" when you know there is a problem can expose you to liability even after closing.
Exemptions
Certain transfers are exempt: transfers by court order (sheriff's sales, condemnation), transfers by a fiduciary administering an estate ( executor /administrator) or a guardianship, conservatorship or trust, transfers between co-owners, transfers to a spouse or a lineal family member, transfers resulting from mortgage foreclosure, and first sales of newly built homes never occupied (exempt only if the buyer received a written warranty of at least one year, the dwelling passed a building or model code inspection, and a certificate of occupancy or code compliance was issued, 68 Pa.C.S. § 7302(a)(2)).
Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
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