In Pennsylvania, home sellers must provide buyers with a signed disclosure statement that lists known material defects in the property. This legal requirement applies to most residential sales and requires disclosure of the home’s systems, structure, and condition. Disclosures must be delivered before the buyer signs the agreement of sale. Failing to disclose known issues could result in liability. If you’re selling a home, understanding what you must disclose—and when—is key to protecting both your transaction and your legal rights.
Who Is Required to Provide a Seller’s Disclosure in Pennsylvania?
Most residential property sales in Pennsylvania require a seller’s property disclosure. If you’re selling a home with one to four units, the law applies to you. There are a few limited exceptions—such as transfers between family members, estate-related sales by fiduciaries, newly built homes that have never been occupied, and foreclosure transactions—but in most situations, sellers must complete and provide a disclosure form.
Even when an exemption might apply, that doesn’t mean you’re in the clear. Sellers can still face claims for fraud or misrepresentation if they withhold information or misstate facts. If you’re unsure whether your sale qualifies, it’s a good idea to speak with your real estate agent or attorney before listing the property.
What Must Be Disclosed to Buyers?
Pennsylvania law requires sellers to disclose any known “material defects” that could affect the value of the home or pose a safety risk. You’re not expected to uncover hidden issues or perform a full inspection—but you are required to report what you know, or reasonably should know, based on your experience with the property.
The standard disclosure form includes questions across key areas such as:
- Roof, basement, and foundation condition
- Plumbing, heating, air conditioning, and electrical systems
- Sewage disposal and water supply systems
- Termite or pest damage
- Mold, asbestos, radon, and other environmental concerns
- Past or ongoing structural repairs or additions
- Known boundary disputes or zoning violations
- Any defects not apparent during a showing
If something isn’t working, has leaked, or has needed repeated repairs, it likely belongs on the disclosure form. Avoid vague answers—buyers will rely on this information when deciding whether to proceed with the purchase.
When and How Do You Provide the Disclosure Form?
Timing is critical. You must deliver the completed and signed disclosure form before the buyer signs the agreement of sale. Waiting too long can jeopardize your deal or expose you to later claims.
Most Pennsylvania sellers use the standard form provided by the Pennsylvania Association of Realtors (PAR), which helps ensure consistency. You can deliver the form in person, by mail, or electronically (e.g., email or fax), as long as the buyer receives it before they enter into a contract.
Make sure you keep a copy for your records—along with proof that the buyer received it. If something changes before closing, such as a newly discovered leak or repair issue, you’ll need to update the disclosure or supplement it in writing.
What Happens If You Don’t Disclose Something?
Failing to disclose a known issue can result in serious consequences, even if it wasn’t intentional. If a buyer discovers a defect after closing that they believe should have been disclosed, they can file a legal claim for damages.
Under Pennsylvania’s Real Estate Seller Disclosure Law, buyers have up to two years after settlement to bring a claim. If the court finds that you knowingly failed to disclose a material defect, you could be ordered to pay for the buyer’s actual losses.
That said, the law does offer some protection for sellers who genuinely didn’t know about the issue—or who believed it had been resolved. The best defense is to complete the form accurately and entirely from the start.
How Can You Protect Yourself During the Disclosure Process?
As a seller, you can take several practical steps to reduce your risk:
- Answer every question on the form truthfully and thoroughly
- Use “unknown” only when you truly lack information
- Save repair records, receipts, and contractor notes
- Consider hiring a licensed inspector before listing, so you’re not surprised later
- Talk with your listing agent or attorney if you’re unsure how to answer a question
- Provide written updates for any material changes after submitting the form
The more open and thorough you are, the less likely a buyer is to claim they were misled—and the more likely your transaction will move forward smoothly.
What Local Issues Should Sellers in Berks County Consider?
In Wyomissing and the surrounding region, many homes are decades old. That often means greater attention to systems like sump pumps, HVAC age, radon mitigation, and basement moisture.
If you’ve owned the home for years, think back to past repairs or recurring issues—even if they were minor. Did you ever deal with a wet basement? Replace a section of the roof? Install a dehumidifier or radon system? These are details buyers want to know, and documenting them helps build trust during negotiations.
Disclosures Build Trust—and Limit Risk
When you sell your home in Pennsylvania, real estate disclosures are a legal requirement that protects you, keeps the sale on track, and gives the buyer confidence in the property.
If you’re preparing to sell and want guidance on completing your disclosure properly, our team at Kozloff Stoudt in Wyomissing is here to help. Contact us today to ensure that legal risks are addressed clearly and early.