Pennsylvania Seller Disclosure Requirements: What Home Sellers Must Reveal

What Pennsylvania Law Requires Sellers to Disclose

Pennsylvania’s Real Estate Seller Disclosure Law (68 Pa.C.S. sections 7301-7315) requires most home sellers to fill out a detailed disclosure form listing known defects and conditions of the property. The law exists to protect buyers from hidden problems and to give sellers a structured way to disclose issues without ambiguity.

The disclosure form covers everything from the roof to the basement, from the plumbing to the property boundaries. Sellers must answer honestly about conditions they know about — they’re not required to hire inspectors or investigate unknown issues. But intentionally concealing a known defect can result in legal liability after the sale.

As a buyer, the seller’s disclosure is one of the first documents you should review. As a seller, filling it out accurately protects you from post-sale claims. This guide explains what the form covers, what’s exempt, and how disclosures interact with the home inspection and purchase process.

The Seller Disclosure Form: Section by Section

Pennsylvania’s standard seller disclosure form is a multi-page document organized by property system. The seller must check boxes indicating whether they are aware of any current or past problems in each category. Here’s what each section covers:

Roof: Age of the roof, type of roofing material, any known leaks or repairs. Sellers must disclose whether they’ve had roof repairs, when the roof was last replaced, and whether there are any current leaks or damage. If you’re buying and the roof is aging, check our guide on roof replacement costs in Pennsylvania.

Basement and foundation: Water infiltration, flooding history, cracks, structural movement, dampness, sump pump presence, and any waterproofing treatments. This section is especially important in Pennsylvania, where many homes have older stone or block foundations.

Termites and wood-destroying insects: Any known current or past infestations, treatment history, and damage. Sellers must disclose whether the home has been treated for termites and whether any structural damage from insects exists.

Plumbing: Type of supply pipes (copper, galvanized, PEX), type of drain pipes, water heater age, any known leaks, and whether the home has public water or a private well. Well water quality and flow rate should also be disclosed if known.

Electrical: Type of wiring (copper, aluminum, knob-and-tube), panel brand, known defects, and whether the system has been updated. Homes with Federal Pacific or Zinsco panels, or active knob-and-tube wiring, require special attention.

Heating and cooling: Type of heating system (forced air, boiler, heat pump), fuel type, age, cooling system details, and any known malfunctions. Many Pennsylvania homes use oil heat or hot water radiators — the disclosure should note fuel type and tank location (above-ground or underground).

Water and sewage: Public sewer or septic system, any known sewage backups, septic tank maintenance history, and any required connections to public sewer. Septic system disclosures should include pumping records and any permits for repairs.

Hazardous substances: Radon testing results, lead paint (required for pre-1978 homes under federal law), asbestos, underground storage tanks, and any known contamination. This section is particularly important in Pennsylvania given the state’s high radon levels.

Land and boundaries: Easements, encroachments, shared driveways, boundary disputes, drainage issues, flood zone status, mine subsidence, sinkholes, and any deed restrictions. For homes in western and northeastern Pennsylvania, mine subsidence disclosure is especially relevant.

Additions and improvements: Any additions, structural changes, or major renovations, and whether they were done with proper permits. Unpermitted work can create problems at resale and with insurance claims.

What “Known” Means Under the Law

Pennsylvania’s disclosure law is based on the seller’s actual knowledge. Sellers must disclose what they know — not what they should have known or could have discovered with investigation.

This distinction matters:

• A seller who has lived in the home for 20 years and experienced basement flooding must disclose that history
• A seller who inherited a property and never lived there may genuinely not know about past flooding
• A seller who received a home inspection report showing a defect can’t claim ignorance of that defect
• A seller who repaired a problem must disclose both the original issue and the repair

The form uses specific language: “Are you aware of any past or present…” for each category. Sellers can answer “Yes,” “No,” or “Unknown.” An “Unknown” response is appropriate when the seller genuinely doesn’t have information about a particular item.

The critical rule: if you know about a problem and mark “No” or “Unknown,” you’re making a false disclosure. Pennsylvania courts have held sellers liable for damages when they concealed known defects, including paying for repairs, rescinding the sale, or covering the buyer’s consequential damages.

Exemptions: When No Disclosure Is Required

Not every sale requires a disclosure form. Pennsylvania law exempts several types of transfers:

• Estate sales: Transfers by an executor, administrator, or trustee of a deceased person’s estate. The personal representative may not have lived in the home and cannot be expected to know its condition.
• Court-ordered sales: Foreclosure sales, sheriff’s sales, and sales resulting from bankruptcy proceedings.
• Government sales: Transfers by government entities.
• First sale of new construction: New homes sold by the builder for the first time. These are covered by separate builder warranty obligations.
• Transfers between co-owners: Sales between spouses, family members, or co-owners dividing property.
• Transfers to or from a trust: When property is transferred into or out of a living trust for estate planning purposes.

If you’re buying an exempt property (especially a foreclosure or estate sale), you’re buying without the benefit of a disclosure form. This makes the home inspection even more important — it’s your primary source of information about the property’s condition.

Lead Paint Disclosure (Federal Requirement)

For homes built before 1978, federal law (not just Pennsylvania law) requires sellers to provide:

• A lead-based paint disclosure form
• Any known information about lead paint in the home
• A copy of any lead paint inspection or risk assessment reports
• The EPA pamphlet “Protect Your Family From Lead in Your Home”
• A 10-day opportunity for the buyer to conduct a lead paint inspection (the buyer can waive this period)

Pennsylvania has a large stock of pre-1978 housing, particularly in Philadelphia, Pittsburgh, and older cities and boroughs. If you’re buying an older home with young children, request a lead paint inspection as part of your due diligence. Testing costs $300-$600 and checks painted surfaces throughout the home.

Lead paint that is intact and in good condition is generally not a hazard. The risk comes from deteriorating paint (peeling, chipping, chalking) and from paint disturbed during renovations. If lead is present, mitigation options range from encapsulation ($500-$2,000) to full abatement ($5,000-$15,000+ depending on scope).

Radon Disclosure

Pennsylvania does not require sellers to test for radon, but if the seller has ever had a radon test done on the property, they must disclose the results on the seller disclosure form. This applies whether the results were high or low.

Given that approximately 40% of Pennsylvania homes have radon levels above the EPA action level (4.0 pCi/L), testing should be standard practice for every purchase transaction in the state. If the seller’s disclosure shows no radon testing was ever done, that doesn’t mean the home is safe — it means the home hasn’t been tested.

Read our radon guide for Pennsylvania buyers for detailed information on testing, mitigation, and risk levels by county.

Mine Subsidence Disclosure

Parts of Pennsylvania — particularly the anthracite coal region in the northeast and bituminous coal areas in the west — sit above abandoned mines. Mine subsidence occurs when underground mine voids collapse, causing the surface to sink. This can damage foundations, crack walls, and shift entire structures.

The seller disclosure form asks whether the property is in a known mine subsidence area and whether any subsidence damage has occurred. If you’re buying in a mining region, take this section seriously. Consider:

• Purchasing mine subsidence insurance from the Pennsylvania Mine Subsidence Insurance Fund (DEP). Premiums are modest — typically $60-$150/year.
• Requesting a mine map search from the Department of Environmental Protection to identify mines beneath or near the property.
• Looking for signs of subsidence: diagonal cracks in walls, uneven floors, doors and windows that stick, gaps between walls and ceilings.

How Sellers Should Fill Out the Disclosure

If you’re selling a home in Pennsylvania, accuracy is your best protection. Follow these guidelines:

Be honest and specific. If the basement leaked once in 2019 and you fixed it, disclose the leak, the date, and the repair. Vague or incomplete answers create suspicion and potential liability.

Don’t guess. If you genuinely don’t know the answer to a question, mark “Unknown.” It’s better to say you don’t know than to guess wrong.

Disclose repairs. A repaired problem is still a disclosure item. If the roof leaked and you replaced it, disclose both the original issue and the repair. Buyers will actually appreciate knowing that a problem was professionally addressed.

Include documentation. Attach receipts, warranties, and inspection reports for major repairs. This supports your disclosure and shows the issue was properly resolved.

Don’t hide behind “as-is” language. Selling “as-is” does not eliminate your disclosure obligations. You still must fill out the disclosure form truthfully. “As-is” means you won’t make repairs — it doesn’t mean you don’t have to tell the buyer about problems.

If you’re selling, our seller net proceeds calculator can help you estimate what you’ll walk away with after closing costs and repairs. For a broader guide to the selling process, visit our selling guide.

What Buyers Should Do With the Disclosure

Don’t just skim the disclosure form — read every line and follow up on anything marked “Yes” or that raises questions:

• Compare the disclosure to the home inspection. If the inspection reveals a defect the seller didn’t disclose, ask your agent to follow up. There may be a legitimate explanation, or the seller may have concealed a known problem.
• Research “Unknown” answers. Multiple “Unknown” responses, especially for major systems, suggest the seller may not be forthcoming. Your inspection should fill in the gaps.
• Ask for documentation. If the seller discloses a repair, ask for receipts, warranties, and permits. A “we fixed the foundation” disclosure is much more reassuring when accompanied by a structural engineer’s report and contractor invoices.
• Check permits. If the seller discloses additions or major renovations, verify that proper building permits were obtained and final inspections passed. Your municipality’s building department can confirm this.

The disclosure form is a starting point, not a substitute for a professional home inspection. Always get an independent inspection regardless of what the disclosure says. Our guide to choosing a home inspector in Pennsylvania helps you find a qualified professional.

What If the Seller Lied on the Disclosure?

If you discover after closing that the seller concealed a known defect, Pennsylvania law gives you options:

Document the issue. Photograph the defect, get a professional assessment, and preserve the seller’s disclosure form showing what they reported (or failed to report).

Contact a real estate attorney. An attorney experienced in Pennsylvania real estate litigation can evaluate your case. You’ll need to prove that the seller knew about the defect, failed to disclose it, and that you suffered damages as a result.

Potential remedies include:

• Cost of repairs to fix the concealed defect
• Diminished property value
• Consequential damages (hotel costs, storage, temporary housing during repairs)
• In egregious cases, rescission of the sale (reversing the transaction)
• Attorney fees and court costs in some circumstances

Statute of limitations: Pennsylvania’s statute of limitations for fraud and breach of contract claims is generally 2-4 years, but timelines vary based on the specific claim. Don’t delay in consulting an attorney if you suspect the seller concealed a material defect.

The Disclosure Form vs. the Home Inspection: How They Work Together

The two documents complement each other. The disclosure tells you what the seller knows (or claims to know), while the inspection tells you what a professional found during a thorough evaluation. Discrepancies between the two deserve follow-up. A good inspection matters — read our guide on how to choose a home inspector in Pennsylvania.

Frequently Asked Questions

Does the seller have to disclose a death that occurred in the home?

No. Pennsylvania law does not require sellers to disclose that a death occurred on the property, including deaths by natural causes, suicide, or homicide. The law specifically states that the seller is not required to disclose any “occurrence which had no effect on the physical condition of the property.” However, if you ask the seller or agent directly about deaths, they must answer truthfully under Pennsylvania’s licensing law — agents cannot lie when asked a direct question by a buyer.

Can I sue the seller if they didn’t know about a problem they failed to disclose?

Generally, no. Pennsylvania’s disclosure law is based on actual knowledge. If the seller genuinely did not know about a defect, they have no obligation to disclose it. This is why your home inspection is so important — it catches problems the seller may not have been aware of. Your legal claim is strongest when you can prove the seller actually knew about the problem (through repair receipts, prior inspection reports, or other evidence) and chose not to disclose it.

Is a home inspection required by Pennsylvania law?

No. Pennsylvania does not require buyers to get a home inspection. However, virtually every real estate professional and housing attorney recommends one. Your purchase agreement should include an inspection contingency that gives you the right to inspect and negotiate based on findings. Waiving the inspection to make your offer more competitive is risky — a few hundred dollars for an inspection can prevent tens of thousands in surprise repairs.

What if I’m buying a property sold “as-is”?

An “as-is” sale means the seller won’t make repairs or credits for defects. It does not excuse the seller from filling out the disclosure form truthfully. Even in an as-is transaction, the seller must disclose known defects. The “as-is” language affects the negotiation process (you accept the property in its current condition), but it does not eliminate the seller’s legal obligation to be honest about what they know.

Does the seller disclosure expire?

The disclosure form is valid for the specific transaction in which it was prepared. If the deal falls through and the seller relists the property, they should update the disclosure to reflect any new information or changes in condition since the original form was completed. There’s no formal expiration date, but a disclosure that’s several months old should be reviewed for accuracy before the seller relies on it in a new transaction.

Ready to make your purchase? Estimate your total costs with our closing cost calculator and check available first-time buyer programs in Pennsylvania. For more on what to expect when buying, visit our homebuying guide.