28% of home buyers nationwide find hidden issues in properties after closing. A third of them blame sellers for not being upfront about them. The last thing you want is to be sued for undisclosed defects. A Pennsylvania seller’s disclosure form is your best defense.
But finding the right disclosure can be tricky, and just one missed issue could cost you a fortune! Houzeo, Pennsylvania’s best home-selling website, removes this risk by automatically assigning the right forms for your sale. You can complete them online in just a few steps.
KEY TAKEAWAYS
- When to Disclose: Share your Pennsylvania seller disclosure form with buyers early on, ideally before offers come in. This builds trust and helps avoid deal delays.
- What to Disclose: List down defects like roof leaks, mold, electrical issues, or legal disputes that impact home value.
- Hidden Problems Count Too: Even if a defect isn’t easy to see, like foundation cracks or water damage, you still have to report it.
- Disclosures Can Save You Thousands: Around 77% of real estate lawsuits are linked to disclosure issues. Being upfront helps you avoid costly legal battles.
What Is a Seller Property Disclosure in Pennsylvania?
In Pennsylvania, what is a property disclosure refers to legal documentation of home conditions. Disclose known flaws like flooding or landslides that could affect property value, enabling informed buyer decisions and preventing surprises.
Is a Seller Disclosure in Pennsylvania Mandatory?
Yes! The PA seller’s disclosure is required by Pennsylvania real estate law. If your property has a leaky roof, sinkhole risk, or even a termite infestation, you must disclose it. Don’t risk skipping this step—it’s the law.
What Must You Disclose on the Seller Disclosure in Pennsylvania?
In PA, the Pennsylvania seller’s disclosure must disclose known defects, including structural issues, water damage, and environmental hazards. Ensure that you disclose these issues if they exist, especially if you are selling a house by owner in Pennsylvania:
1. Material Defects
- Structure and Appliances: Complete your pa seller disclosure form with information about HVAC system problems. Pennsylvania’s climate can damage home systems. Include all plumbing and structural issues.
- Drainage and Flooding: The seller’s disclosure form Pennsylvania must document any past flood damage. Include specific dates of flooding events. Report all drainage problems thoroughly.
- Plumbing: State the source of potable water and if there are issues with it. Also, mention any unused wells or tanks on the property, as well as issues with the sprinkler or plumbing systems.
- Pools and Water Features: The failure to disclose known facts is known as fraud in Pennsylvania. Document pool safety features thoroughly. Ensure your pool meets all state code requirements.
2. Code Violations
- HOA Restrictions and Boundaries: Your seller disclosure form pa must include all HOA restrictions. Government zoning violations need documentation. Unrecorded liens should be clearly stated.
- Government Restrictions: Reveal any violations of zoning rules, construction breaches, safety codes, or restrictions on property additions. Also, disclose any unrecorded liens.
3. Environmental Hazards
- Health and Safety Risks: The Pennsylvania real estate disclosure law exemptions are limited for environmental hazards. Always disclose lead paint, asbestos, and mold. Report radon gas in the property.
- Infestations: Many ask: Do you have to disclose termites when selling a house? Yes, Pennsylvania requires full disclosure. Document any past infestations or damage thoroughly
- Sinkholes: If a seller lied on the disclosure page about sinkholes, serious penalties apply. Report nearby sinkholes and weak ground areas. Include past insurance claims related to ground issues.
- Environmental Damage: Mention any past environmental damage or repairs. Also, specify if there are any sensitive areas like mangroves on the property.
4. Federal Disclosure Requirements
Understanding real estate laws in PA helps with lead paint disclosure requirements. Pre-1978 homes require special documentation. Even for newer homes, the Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to:
- Provide an EPA-approved pamphlet on lead hazards.
- Include the Lead Warning Statement in the contract.
- Disclose any known lead-based paint on the property.
What Can You Skip in a Pennsylvania Disclosure Statement?
Pennsylvania law doesn’t require you to include specific details in a disclosure for a real estate statement, such as:
- Deaths or suicides on the property, as long as they don’t affect its condition.
- The presence of a registered sex offender in the area (buyers can check public databases).
- Any claims or beliefs that the property is haunted.
- Whether previous occupants had AIDS or HIV.
What are the PA’s real estate disclosure law exemptions?
Pennsylvania’s RESDL mandates sellers reveal hidden material defects. However, some transfers are exempt from this disclosure requirement. These exemptions often involve sellers lacking direct property knowledge. Even without formal disclosure, known defects should still be revealed.
Here are the primary exemptions to Pennsylvania’s real estate disclosure law:
- Transfers by a fiduciary: Fiduciaries like executors selling property are often exempt from disclosure forms due to a lack of personal knowledge. However, they must still reveal any known material defects.
- “As-Is” Doesn’t Mean No Disclosure: Selling a property “as is” only means the seller won’t typically make repairs. It does not absolve them of the responsibility to disclose any known material defects.
- Certain Relationship Transfers Are Exempt: Close family or co-owner transfers are often exempt from disclosure. This assumes pre-existing knowledge or a different transaction dynamic.
What Is the Penalty for an Incorrect Pennsylvania House Disclosure?
If you lie or omit information on your Pennsylvania seller’s disclosure form, you could face severe penalties. These may include one or more of the following:
- Lawsuits for Damages: If you don’t disclose major defects, the buyer can sue you for repair costs. However, they must prove that you knew about the defect and deliberately withheld the information.
- Fraud Charges: If you knowingly provide false information or omit material facts, you may be liable for civil fraud. You may have to pay hefty financial penalties, including compensatory and punitive damages.
- Legal Fees: If the buyer wins a lawsuit, you may be responsible for both the damages and the buyer’s attorney fees. This can significantly increase your financial burden.
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How to Minimize Issues in the Pennsylvania Seller’s Disclosure Form?
The number of homes for sale in Pennsylvania is rising, buyers may choose to look for a more suitable house if they find inconsistencies with your disclosure. Here are the tips to save you from any such issues:
- Complete a Pre-Sale Inspection: Get a thorough home inspection and fix what you can. This reduces the number of defects you have to disclose.
- Review the Disclosure Carefully: You can compare your forms with the ones offered by top For Sale By Owner site to make sure you didn’t forget anything important.
- Consult with Professionals: If you’re unsure about the disclosure agreement, consult a real estate attorney in Pennsylvania. They understand local real estate disclosure laws and can help you with the seller disclosure requirements.
- Keep All Bills and Records: These act as supporting documents to your seller disclosure. They also prove that you have addressed any known issues.
How Important Is the Seller’s Disclosure Statement in Pennsylvania?
A seller disclosure in Pennsylvania is essential for maintaining clarity in your real estate sale. In PA’s competitive market, buyers don’t hesitate to ditch properties with hidden flaws. If you’re upfront with disclosures, you ensure transparency and keep the deal moving forward.
Once your disclosures are ready, the next step is listing. With a Pennsylvania Flat Fee MLS listing service, you can get your home on the market quickly while saving thousands in agent fees.
