What’s on the Pennsylvania Home Seller’s Disclosure Form?

What does a Pennsylvania disclosure form mean for sellers?

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.”

What does a seller’s disclosure not do?

Before reviewing all the details of the form, let’s establish what it does not do:

• According to Pa. Code § 35.335a, it does not excuse you from disclosing problems not listed on the form.
• It does not require you to fix all the problems disclosed. In fact, if you know of numerous repair needs you cannot (or don’t) want to resolve before selling, you may be interested in selling your Pennsylvania house as-is.
• It does not guarantee or warranty anything about a property’s condition — new problems with a home can develop after purchase, or issues may come to light that the seller had no way of knowing.

When is the Pennsylvania disclosure form required to be submitted?

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. He also prints a copy to leave inside the property, ensuring ample opportunity for prospective buyers to review it.

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

There are two required disclosure forms for Pennsylvania sellers:

• The Pennsylvania Seller’s Property Disclosure Statement. This version of the form includes every question mandated by law for sellers to answer. However, the Pennsylvania Association of Realtors has compiled a more comprehensive form (also compliant with state law) to help sellers and buyers.
• If your home was built before 1978, you’ll also need the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards in order to comply with federal law. Your listing agent will likely ask you to complete this form at the same time as the seller’s disclosure.

The cardinal rule

“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.”

The specifics

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.

Seller’s expertise

First, you’ll be asked to explain any expertise you have regarding:

• Contracting
• Engineering
• Architecture
• Areas relating to construction or the condition of your property

If you have no expertise in these areas, leave this section blank.

Occupancy

Here, you’ll simply indicate whether you currently occupy the property — and if not, when you last occupied it.

Roof

In this section, you’ll first be asked the date the roof was installed. After that, expect to be asked about:

• Any documentation for that installation
• Whether the roof has been replaced or repaired during your ownership
• If so, whether the existing shingles were removed
• Any leaks during your ownership
• Any problems you know of with the roof, gutters, or downspouts
• Any “yes” answers in this section — for these, you’ll need to explain more.

Basements and crawl spaces

If your house has neither of these, skip this section of the form. Otherwise, you’ll be answering questions concerning:

• Sump pumps on the property
• Details on any water leakage, accumulation, or dampness
• Details about any repairs or measures taken to mitigate moisture

Some examples of issues to disclose here are:

• Sump pump malfunctions
• A persistent musty odor that lingers unless you run a dehumidifier
• Even an isolated incident of flooding (Lewis says, “If you had rain one time in your basement ten years ago, disclose it now in case it was ever an issue later.”)
• Presence of mold, mildew, or fungus in these areas (That’s right, you can sell a house with mold.)

Termites, wood-destroying insects, dry rot, and pests

Here, you’ll need to indicate and explain:

• Any termites, wood-destroying insects, dry rot, or pests affecting the property
• Any damage to the property caused by the above problems
• Whether a licensed pest control company is currently contracted to treat the property
• If you know of any termite or pest control reports or treatments from the last five years

Here’s a more in-depth look at selling a house with termite damage.

Structural issues

This section requires you to answer questions about both the past and the present concerning:

• Water leakage in the home or any other structures on the property
• Any movement, shifting, deterioration, or other problems with things like
  • Walls
  • Foundations
  • Other structural components
• Problems with driveways, walkways, patios, or retaining walls
• Any efforts made to control or repair structural issues, including specifics about the problem, who performed the work, and when

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.”

Additions and remodeling

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:

• Constructing a barn or shed in the backyard
• Expanding the kitchen
• Finishing a basement or attic
• Adding a bedroom or bathroom
• Removing a wall

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.

Water and sewage

This is a lengthy section where you’ll be asked to divulge:

• The source of your drinking water
• For non-public water sources, information about water testing and pumping systems
• Water filtration, purification, or softener systems
• Sewage system type, pumping system, and servicing information
• Any leaks, backups, or other problems with plumbing, water, or sewage systems

As with many other sections, if you answer “yes” to a problem’s existence, you’ll need to offer more explanation.

Plumbing system

Here, you’ll need to:

• Specify the type of plumbing on the property (copper, galvanized, lead, PVC, unknown, or other)
• Explain any problems you’re aware of with plumbing fixtures

Heating and air conditioning

Here, you’ll disclose the types of heating, air conditioning, and water heating on the property. Make sure you also include:

• Areas of the home that are not air-conditioned
• Areas that are not heated
• Any problems with the air conditioning, heating, or water heating
• The presence of any underground fuel tanks — though rare, Lewis does occasionally work with sellers who have these
• Any fireplaces or chimneys that do not work or need repair

Electrical system

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.

Equipment and appliances

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.

Land — issues with soils, drainage, boundaries, and sinkholes

Now it’s time to disclose and explain characteristics of the property beyond the house itself, such as:

• The presence of fill soil or expansive soil (aka soil that can significantly expand and contract and therefore affect structures)
• Any sliding, settling, earth movement, subsidence, or earth stability problems
• Existing or proposed mining, strip mining, or excavations affecting your property
• Whether your property is part of a flood zone or wetland
• Past or current drainage or flooding on the property
• Sinkholes
• Encroachments, boundary line disputes, or easements related to the property
• Shared or common areas like driveways, bridges, docks, walls — and details about any related documentation or maintenance agreements
• Restrictive covenants or limited development rights that affect how the property may be used
• Any property rights or existing leases that may affect the property and to which a buyer may be subject

Hazardous substances

In this section, expect to disclose information about potentially harmful materials (whether in the home or anywhere on the property) like:

• Underground tanks
• Asbestos
• Polychlorinated biphenyls (PCBs)
• Radon
• Lead paint
• Urea-formaldehyde foam insulation (UFFI)
• The results of any testing conducted for hazardous substances
• Other possible environmental concerns affecting the property
• Mold, mildew, or fungus somewhere other than the basement or crawlspace

Condominiums and other homeowners associations

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.

Storm water facilities

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:

• Basins
• Ponds
• Ditches
• Drains
• Swales
• Culverts
• Pipes

Miscellaneous

In this final, catch-all category, you’ll need to include and explain any:

• Current or threatened legal action against the property
• Violations of federal, state, or local laws or regulations related to the property
• Assessments against the property that are unpaid
• Violations of ordinances (i.e., zoning, housing, building safety, fire) that are unresolved
• Liens, judgments, encumbrances, or other debt against the property that won’t be resolved by this sale
• Reasons that would prevent you from giving a warranty deed or conveying the title
• Any other material defects of the property (including land, structures, and any fixtures) that you have not already explained on the disclosure

Now, what are you certifying by signing your name?

You did it — completed one of the longest questionnaires of your life!

As you sign off on this rigorous form, you’re agreeing that:

• You have completed it as accurately and comprehensively as possible with the knowledge you have.
• Your real estate agent can give the information to prospective buyers and other agents.
• You alone are responsible for its accuracy.
• You (or your agent) will notify the buyer in writing if a change in the property’s condition makes any information on the form inaccurate.

Disclosure exceptions

RESDL dictates that in residential real estate transfers, almost all sellers must complete the disclosure form. However, there are a few exceptions:

• When selling a property as part of your duties to take care of an estate, guardianship, conservatorship, or trust
• When selling to your spouse or direct descendant
• A transfer between one co-owner to another co-owner
• A transfer to a spouse as part of a divorce, legal separation, or property settlement
• A transfer where the property will be demolished or converted to non-residential use

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