Quick Answer
Pennsylvania law requires most home sellers to complete a Seller’s Disclosure form before or at the time of listing. This form covers known defects, structural issues, environmental hazards, and other material facts about the property. Failing to disclose known problems can lead to lawsuits after the sale. Honesty isn’t just the right thing to do. It’s the law.
What Is the Seller’s Disclosure?
The Pennsylvania Seller’s Disclosure is a standardized form that lists known conditions and defects in the property.
What It Covers
The form asks about dozens of topics, including:
- Roof condition – leaks, age, repairs
- Basement and foundation – water intrusion, cracks, settling
- Plumbing and electrical – known issues, age of systems
- HVAC – heating, cooling, and ventilation condition
- Structural problems – walls, ceilings, floors
- Environmental hazards – lead paint, radon, asbestos, underground tanks
- Water and sewer – type of system, known problems
- Pest issues – termites, carpenter ants, rodents
- Neighborhood nuisances – noise, odors, disputes
It’s About What You Know
The form asks about known conditions. You don’t need to hire an inspector to fill it out. But if you know about a problem, even if it’s been fixed, you need to disclose it.
Who Has to Fill It Out?
Most home sellers in Pennsylvania must complete the disclosure form.
Required For
- Owner-occupied homes
- Most residential sales (1 to 4 units)
Exempt From Disclosure
Some sales are exempt from the standard disclosure:
- Estate sales (where the executor never lived in the home)
- Foreclosure sales
- Transfers between family members
- New construction (covered by builder warranties instead)
- Court-ordered sales
Even if exempt, sellers still can’t lie about known defects. Exemption means you don’t fill out the standard form, not that you can hide problems.
Common Disclosure Topics
Water in the Basement
This is one of the most common issues in Pennsylvania homes, especially in older properties. If you’ve ever had water in the basement, disclose it. Even if you fixed the problem, the history matters.
Radon
Pennsylvania has some of the highest radon levels in the country. If you’ve tested for radon, share the results. If you’ve installed a mitigation system, disclose that too.
Lead Paint
Homes built before 1978 may contain lead-based paint. Federal law requires a separate lead paint disclosure for these properties. Your agent will provide the form.
Roof Age and Repairs
If the roof has been patched, replaced, or has a known leak, disclose it. Buyers and inspectors will check the roof. Surprises here lead to trust problems and deal-killing negotiations.
Past Insurance Claims
If you’ve filed insurance claims for water damage, fire, mold, or other issues, disclose them. Buyers can often find this information through a CLUE report anyway.
What Happens If You Don’t Disclose?
Hiding known defects is risky, and potentially expensive.
Lawsuits
If a buyer discovers a problem you knew about and didn’t disclose, they can sue. Pennsylvania courts have ruled in favor of buyers in many non-disclosure cases.
Reduced Trust During the Sale
Buyers who discover undisclosed issues during inspection lose trust. That can kill a deal or lead to much harder negotiations. Honesty upfront keeps things smoother.
It’s Not Worth the Risk
A disclosure that says “yes, there was a small water issue in 2019 and we fixed it” is far better than a buyer finding water stains and wondering what else you’re hiding.
Tips for Filling Out the Disclosure
Be Honest
This isn’t a test. There’s no penalty for having problems, only for hiding them. A roof that’s 20 years old isn’t a secret. Just write it down.
Ask Your Agent for Help
Your real estate agent can walk you through the form and explain what each section means. They can’t fill it out for you (it’s your property and your knowledge), but they can guide you.
When in Doubt, Disclose
If you’re not sure whether something needs to be disclosed, disclose it anyway. Over-disclosing protects you legally. Under-disclosing opens the door to problems.
Keep Records
If you’ve made repairs or improvements, keep the receipts and documentation. Being able to show that a problem was professionally fixed adds credibility.
Related Disclosure Topics
Pennsylvania has some unique disclosure situations. We’ve covered a few in detail:
- Do You Have to Disclose Security Cameras When Selling?
- Do You Have to Disclose a Death in a House in Pennsylvania?
- What Is the FinCEN Residential Real Estate Rule?
Frequently Asked Questions
Do I have to disclose problems that were fixed?
Yes. The form asks about the history of the property, not just its current condition. If the basement flooded five years ago and you fixed it, disclose the event and the repair.
Can my real estate agent fill out the disclosure for me?
No. The seller fills out the disclosure because it’s based on the seller’s personal knowledge of the property. Your agent can explain the form and help you understand the questions, but the answers must come from you.
What if I genuinely don’t know about a problem?
That’s fine. The form includes “unknown” as an answer option for many questions. If you truly don’t know, mark it as unknown. The key is not to lie or guess.
Bottom Line
Pennsylvania’s Seller’s Disclosure form is a legal requirement for most home sales. It protects buyers, sellers, and agents. Fill it out honestly, disclose what you know, and when in doubt, write it down. A little transparency upfront prevents a lot of headaches after closing.
