What must a home seller disclose in Pennsylvania?

Q: What must a home seller disclose in Pennsylvania?

Pennsylvania regulates residential disclosure through 68 Pa.C.S. Chapter 73 — the Real Estate Seller Disclosure Law (RESDL) . 1. The Property Disclosure Statement — § 7303 - Required for transfers of residential real property containing 1-4 dwelling units . - Seller must use the form prescribed by the State Real Estate Commission or one substantially similar. - Covers: seller occupancy history, roof, basement/crawlspace, termites/wood-destroying insects , structural items, additions/remodels, water/sewer , plumbing, electrical, HVAC, hazardous substances (radon, asbestos, lead, USTs), land/soil/drainage, flooding, boundaries, deed restrictions. 2. Lead-Based Paint - Federal 42 USC § 4852d for pre-1978 dwellings. 3. Timing — § 7303 - Disclosure must be made before an agreement of sale is signed . 4. Exemptions — § 7302 - Court-ordered, foreclosure, fiduciary, between co-owners or spouses, by/to government, new construction never occupied , and transfers of vacant land. 5. "As-Is" Sales - An "as-is" clause does not relieve the seller of the statutory disclosure duty or shield against actual fraud ( Milliken v. Jacono , 60 A.3d 133, addressing materiality). 6. Material Defects Only - "Material defect" defined in § 7102 as a problem with a system or structure that substantially affects value, health or safety . 7. Remedies and Statute of Limitations - Buyer may recover actual damages under § 7311. - 2-year statute of limitations for the RESDL claim (42 Pa.C.S. § 5524). - 2 years for fraud, also under § 5524 (discovery rule applies). This is legal information, not legal advice.

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Pennsylvania regulates residential disclosure through 68 Pa.C.S. Chapter 73 — the Real Estate Seller Disclosure Law (RESDL).

1. The Property Disclosure Statement — § 7303

Required for transfers of residential real property containing 1-4 dwelling units.

Seller must use the form prescribed by the State Real Estate Commission or one substantially similar.

Covers: seller occupancy history, roof, basement/crawlspace, termites/wood-destroying insects, structural items, additions/remodels, water/sewer, plumbing, electrical, HVAC, hazardous substances (radon, asbestos, lead, USTs), land/soil/drainage, flooding, boundaries, deed restrictions.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

3. Timing — § 7303

Disclosure must be made before an agreement of sale is signed.

4. Exemptions — § 7302

Court-ordered, foreclosure, fiduciary, between co-owners or spouses, by/to government, new construction never occupied, and transfers of vacant land.

5. "As-Is" Sales

An "as-is" clause does not relieve the seller of the statutory disclosure duty or shield against actual fraud (Milliken v. Jacono, 60 A.3d 133, addressing materiality).

6. Material Defects Only

"Material defect" defined in § 7102 as a problem with a system or structure that substantially affects value, health or safety.

7. Remedies and Statute of Limitations

Buyer may recover actual damages under § 7311.

2-year statute of limitations for the RESDL claim (42 Pa.C.S. § 5524).

2 years for fraud, also under § 5524 (discovery rule applies).

This is legal information, not legal advice.