Pennsylvania Seller Property Disclosure Statement: Who Must Disclose, When, and What Licensees Must Do

Short answer: Under Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Chapter 73), a seller of residential real estate must disclose to the buyer any material defects the seller knows about by completing a property disclosure statement, and must deliver a signed and dated copy to the buyer before the seller and buyer sign the agreement of transfer (the agreement of sale). The law covers transfers of one to four residential dwelling units, with listed exceptions. The seller does not have to investigate, but may not make false or misleading statements or fail to disclose a known material defect.

What counts as a material defect

Section 7102 defines a material defect as a problem with the residential real property, or any portion of it, that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. A structural element, system or subsystem that is near, at or beyond the end of its normal useful life is not, by that fact alone, a material defect.

Which transfers are covered

The law applies to transfers of an interest in Pennsylvania real property of not less than one nor more than four residential dwelling units, whether by sale, exchange, installment sales contract, lease with an option to purchase, or transfer of a residential condominium or cooperative unit. Exceptions include:

• transfers by a fiduciary administering a decedent's estate, guardianship, conservatorship or trust;
• unoccupied new construction with a written warranty of at least one year, a code inspection and a certificate of occupancy or code compliance;
• transfers under court order, foreclosure-related transfers, and transfers between co-owners;
• transfers to a spouse or to a person in the lineal line of consanguinity, and transfers between spouses in a divorce or separation decree;
• property to be converted to a non-residential use or demolished, and unimproved real property.

A condominium or cooperative seller discloses only about the seller's own unit; disclosures about common elements are controlled by the resale provisions of the Uniform Condominium Act and the cooperative act.

What the form asks about

The State Real Estate Commission promulgates the form, and its minimum contents appear in 49 Pa. Code section 35.335a. The statute requires the form to cover subjects such as the seller's expertise in construction, when the seller last occupied the property, the roof, basements and crawl spaces, termites and pests, structural problems, water and sewage, plumbing, heating and air conditioning, electrical systems, hazardous substances, condominiums and homeowners associations, legal issues affecting title, and storm water facilities. Sellers may use a form that asks for more detail.

A change that is not yet in effect. A 2026 amendment to the Seller Disclosure Law (Act 74 of 2026) is not yet in effect as of this guide (November 2026), so study the law as it stands now.

Timing, changes and unknown information

• Delivery: before the agreement of transfer is signed, by personal delivery, first class mail, certified mail or fax to the buyer or the buyer's agent.
• Unknown items: if the seller does not know or cannot get the information, the seller may disclose based on the best information available.
• Amendments: the seller may amend the disclosure in writing before the agreement of transfer is signed.
• Later changes: if information becomes inaccurate before final settlement because of something that happened after delivery, the seller must notify the buyer.

What licensees must do

Under 49 Pa. Code section 35.284a, a licensee representing the seller (or a transaction licensee working with the seller) must advise the seller of the duty to disclose known material defects, give the seller a form that meets or exceeds section 35.335a, and deliver the completed statement, or the statement marked "refused," to the buyer side before the agreement of sale is signed. A licensee working with the buyer must advise the buyer of the seller's duty and make sure the statement was delivered before the agreement of sale. All of these licensees must disclose to the buyer in writing any material defect they actually know about that is not otherwise disclosed, but they do not have to independently investigate the seller's answers.

An agent is liable under the law only if the agent had actual knowledge of an undisclosed material defect or of a misrepresentation about one.

What happens if the law is not followed

A transfer is not invalidated solely because someone failed to comply. A person who willfully or negligently violates the law is liable for the buyer's actual damages, and an action must be commenced within two years after final settlement. A buyer has no cause of action under the law for defects disclosed before the agreement was signed, defects that develop after signing, or defects that occur after final settlement.

On the exam

Property disclosures fall in the Miscellaneous area of the Pearson Pennsylvania outline effective March 16, 2026 (6 of 40 scored items), and RELRA section 606.1(a) lists complying with the Seller Disclosure Law among the duties every licensee owes all consumers. Study more in other Pennsylvania laws, read the Consumer Notice guide, or browse all Pennsylvania lessons.

Independent exam-prep guide. Not affiliated with the Pennsylvania State Real Estate Commission, the Department of State or Pearson VUE. Always confirm current requirements with the Commission.