In Pennsylvania, sellers of residential real estate are legally required to provide buyers with a written disclosure of known property conditions before the Agreement of Sale is signed. This is not optional and not a courtesy — it is a requirement under the Pennsylvania Real Estate Seller Disclosure Law (68 P.S. § 7301 et seq.), enacted in 2000. Every seller of a residential property in Pennsylvania should understand what the disclosure covers, what the “known defects” standard means, and what happens if something is left out.
What the disclosure covers
The standard form is the PAR Seller’s Property Disclosure Statement, published by the Pennsylvania Association of Realtors. It asks the seller to disclose known conditions in each of the following categories:
Structural components. Foundation, floors, walls, ceilings, windows, doors. Any known settling, cracking, or structural movement.
Roof. Age, material, condition, known leaks or repairs, history of damage.
Basement and crawl space. Known water intrusion, dampness, seepage, structural issues, sump pump presence and performance.
Electrical system. Panel type and condition, known issues with wiring, circuit breakers, outlets.
Plumbing. Supply lines, drain lines, water heater age and condition, known leaks or backups.
Heating and cooling. HVAC system type, age, condition, known repairs. Fuel source. Whether the system has been serviced and when.
Water supply. Whether the property is on public water or a private well. For well properties, known test results and any treatment systems.
Sewer/septic. Whether the property is on public sewer or a private septic system. For septic, known conditions, last inspection and pumping, any known failures.
Environmental hazards. Known presence or testing for lead paint (disclosure separately required for pre-1978 homes under federal law), asbestos, radon, underground storage tanks, hazardous materials, contamination.
Flood zone. Whether the property is in a FEMA-designated flood zone, any known flooding history.
Zoning and legal matters. Any known zoning violations, pending assessments, easements, encroachments, boundary disputes, or other title matters affecting the property.
HOA. Whether the property is subject to a homeowner association, the fee amount, and any known special assessments or violations.
The “known defects” standard
The disclosure is based on actual knowledge, not constructive knowledge. Sellers are required to disclose what they know — they are not required to investigate or inspect the property to discover conditions they are unaware of.
This distinction matters. A seller who genuinely does not know about a defect is not liable for failing to disclose it. A seller who knows about a defect and fails to disclose it faces potential liability for fraud or misrepresentation.
The practical implication: sellers should answer the disclosure honestly based on what they have actually experienced or been told about the property. Guessing, omitting, or downplaying known conditions creates legal exposure. If a seller is uncertain about a specific item, the disclosure form allows them to indicate that status — “unknown” is a valid and legally appropriate answer.
When the disclosure must be provided
The seller’s disclosure must be provided to the buyer before the buyer signs the Agreement of Sale. If the disclosure is provided after the agreement is signed, the buyer has a defined period during which they can rescind the agreement without penalty.
In practice, the disclosure is almost always provided as part of the listing package — made available to buyers before they make an offer. Buyers should read it carefully before making an offer, not after. Items disclosed in writing put the buyer on notice; a buyer who reads the disclosure and makes an offer anyway has generally accepted the disclosed conditions.
What the disclosure is not
It is not an inspection. The seller’s disclosure documents what the seller knows from living in the home. A buyer’s home inspection is a professional examination of the property’s accessible components that may reveal conditions the seller was unaware of. Both serve different purposes. A clean disclosure does not eliminate the need for a thorough inspection.
It is not a warranty. The seller is disclosing known conditions at the time of sale, not warranting that systems will function correctly after the sale. Pennsylvania is a “buyer beware” state for conditions that a buyer could have discovered through a reasonable inspection.
It does not cover everything. Items outside the seller’s knowledge, conditions that developed after the disclosure date, and matters not addressed by the form are outside its scope.
Estate sales and limited disclosure
One of the most common situations where the disclosure is limited is an estate sale. An executor selling an inherited property often has limited or no personal knowledge of the property’s condition — they may have never lived there, may have taken ownership after a period of vacancy, or may only know what other family members have told them.
Pennsylvania’s disclosure law accommodates this. Executors can legitimately indicate “unknown” on items they genuinely have no knowledge of. Buyers purchasing estate properties should understand that the disclosure will be more limited than a disclosure from an owner-occupant and should budget accordingly for a thorough inspection.
What happens if a known defect is not disclosed
If a seller knowingly fails to disclose a material defect — one that would have affected the buyer’s decision to purchase or the purchase price — the buyer may have grounds for rescission of the contract, damages, or both. The standard requires that the seller had actual knowledge of the defect and intentionally concealed or failed to disclose it.
Litigation over seller disclosure disputes is not uncommon in Pennsylvania. The most frequent issues involve water intrusion, structural movement, and HVAC conditions that were known to the seller and not disclosed. Sellers who have dealt with these conditions during ownership should document and disclose them clearly, even if the condition has been repaired. A repaired condition that was known and not disclosed is still a disclosure violation.
Practical guidance for sellers
Disclose what you know. The protective purpose of the disclosure law runs both ways — an honest, thorough disclosure protects the seller from post-closing claims by putting the buyer on formal written notice of all known conditions.
Document repairs. If you have repaired a roof, treated a water intrusion issue, or replaced an HVAC system, document it in the disclosure. A repaired condition documented in writing is far less likely to generate a dispute than a repaired condition that was omitted.
Do not guess at ages or conditions you are uncertain about. Indicating “unknown” is better than guessing incorrectly.
Consult your attorney. For properties with complex histories, known litigation, or environmental concerns, the disclosure is a legal document and should be reviewed with an attorney before it is provided to buyers.
Working with Karen
Karen Langsfeld is a REALTOR® and Pricing Strategy Advisor (P.S.A.) with Berkshire Hathaway HomeServices Fox & Roach in Blue Bell. She walks sellers through the PAR disclosure form before listing, identifying the items that require particular care and helping clients understand the “known defects” standard in plain terms.
For sellers who want to understand what conditions are worth addressing before listing, what to fix before selling your home in the Philadelphia suburbs covers the pre-listing preparation decisions that affect both the disclosure and the sale outcome. For a full breakdown of seller closing costs, the guide to the cost of selling a home in Pennsylvania covers transfer tax, commission, and net proceeds.
Contact Karen at (215) 495-2914 or through the contact page.