What does Pennsylvania law require sellers to disclose before selling a house?

Pennsylvania's Real Estate Seller Disclosure Law requires residential sellers to disclose all known material defects that are not readily observable to the buyer, and that duty kicks in before the agreement of sale is signed, not after. The form covers structure and foundation, roof, water and sewage systems, hazardous substances including radon, pests and wood-destroying insects, and more. Leaving a known problem off the form doesn't make it go away legally; it creates exposure that can follow you well past closing.

Key Takeaways

• Pennsylvania's Real Estate Seller Disclosure Law requires the completed disclosure statement to be delivered to the buyer before the agreement of sale is executed, not at or after closing.
• The disclosure covers at least 14 categories, including structure, roof, basements, water and sewage, plumbing, electrical, HVAC, appliances, hazardous substances, pests, boundaries, remodeling, zoning, and other material conditions.
• Radon belongs in the hazardous-substances section, sellers must disclose known test results, known radon conditions, and any mitigation equipment or work; Pennsylvania law does not require every seller to conduct a radon test before listing, but known information must be disclosed.
• Sellers of homes built before 1978 face a separate federal lead-paint disclosure requirement on top of the Pennsylvania form, both must be completed before contract signing.
• "As-is" language does not erase the duty to disclose known latent material defects; a buyer can still pursue legal remedies if the seller concealed a known problem.

What exactly goes on the Pennsylvania Seller's Property Disclosure Statement?

The Pennsylvania State Real Estate Commission promulgates the official Seller's Property Disclosure Statement, and the categories it covers are broader than most sellers expect. Here's what the form addresses at minimum:

• Structure and foundation, known settlement, movement, cracks, repairs, or structural modifications
• Roof, known leaks, repairs, replacements, age, and current condition
• Basements and crawl spaces, water intrusion, seepage, flooding, sump-pump dependence, mold or suspected mold, foundation repairs, and prior remediation
• Water and sewage systems, whether the property is on public water and sewer or private well and septic, known well test results, water treatment, failed septic inspections, backups, repairs, and shared-system arrangements
• Plumbing and electrical systems, known defects, repairs, or unpermitted work
• Heating and air-conditioning systems, known condition, age, and repairs
• Appliances, known defects in included appliances
• Hazardous substances, radon, asbestos, lead, underground storage tanks, contaminated soil, and prior hazardous-material incidents where known
• Pests and wood-destroying insects, known infestations, damage, inspections, treatments, and repairs
• Boundaries and survey issues, known encroachments, easements, or disputed lines
• Additions and remodeling, known unpermitted work or work that did not meet code
• Zoning and code matters, known violations or non-conforming uses
• Other material conditions, anything else a reasonable buyer would want to know

The legal standard is what the seller knows. You're not expected to guess or to warrant that every system is defect-free. But you are expected to answer accurately based on your actual knowledge, and that means you can't claim ignorance about a problem you've been managing for years.

Water and septic: a bigger deal in South Central Pennsylvania than most sellers expect

A lot of properties across Franklin, Fulton, Adams, Cumberland, and the surrounding counties sit on private wells and private septic systems. That makes the water and sewage section of the disclosure particularly important here. Known facts about well tests, water contamination or treatment systems, failed septic inspections, drain-field repairs, backups, abandoned systems, and easements all belong on the form. I walk my sellers through this section carefully because it's the one that generates the most questions from buyers, and the most disputes when something was left off.

Basements and moisture: don't paint over it and call it done

This is the section I see sellers underestimate most. Concealing a water intrusion issue by painting a basement wall or making a cosmetic repair does not eliminate the disclosure obligation if you know the underlying condition is still there. The form asks about known water intrusion, seepage, flooding, mold, foundation movement, and prior remediation. If you've had a sump pump running for a decade, that's material. If you had a waterproofing company out three years ago, that's material. Disclose it, attach the documentation, and let the buyer evaluate it, that's a far better outcome than a post-closing dispute.

Radon: what sellers in Pennsylvania actually have to disclose

Pennsylvania's disclosure law does not require every seller to conduct a radon test before listing. The obligation is narrower than that: if you have known radon test results, know of a radon condition, or have had mitigation equipment installed or mitigation work performed, that information goes on the hazardous-substances section of the form. If you've never tested and have no knowledge of a radon issue, you answer accordingly. Buyers routinely request radon testing as part of their inspection contingency, that's a separate negotiation under the agreement of sale, not a pre-listing requirement imposed on you by state law.

Termites and wood-destroying insects

The form requires disclosure of known infestations, damage, inspections, treatments, and related repairs involving termites and other wood-destroying insects. This matters across the older housing stock common in South Central Pennsylvania, particularly in homes with basements, crawl spaces, additions, or a history of moisture problems. If you've had a pest company treat the property, keep those records. Buyers will ask, and having documentation beats a dispute over what was or wasn't disclosed.

What are the lead-paint and hazardous-substance rules sellers often miss?

If your home was built before 1978, federal law imposes a separate disclosure requirement that operates alongside, not instead of, the Pennsylvania state form. Under the EPA's lead-paint disclosure rules, you must:

• Disclose any known lead-based paint or lead-based paint hazards in the property
• Provide available records and reports relating to lead paint
• Give the buyer the federally required lead-hazard information pamphlet
• Include the lead warning statement in the sales contract
• Give the buyer an opportunity to conduct a lead inspection or risk assessment before the contract is binding

According to the EPA's real estate disclosure guidance, this federal process applies nationwide, including every county in South Central Pennsylvania. It is an additional compliance step, not a substitute for the Pennsylvania disclosure statement. A pre-1978 seller in Franklin County needs both.

Beyond lead paint, the hazardous-substances section of the Pennsylvania form can encompass known asbestos, underground storage tanks, contaminated soil, and prior hazardous-material incidents. If you know about it and it's material, it belongs on the form.

A note for Washington County, Maryland sellers

If your property is physically located in Washington County, Maryland, Maryland's disclosure and disclaimer rules govern your transaction, not Pennsylvania's Seller Property Disclosure Law. The federal pre-1978 lead-paint rule still applies in Maryland. I serve both sides of the state line, and this is one of the places where getting the right form matters. If you're selling in Maryland, let's talk through the correct process for your specific situation.

What happens if you fail to disclose a known defect?

Completing the disclosure form does not automatically protect you from claims if you knowingly left something off. Under Pennsylvania law, a buyer who can demonstrate that you knew about a material defect, that it wasn't readily observable, and that you failed to disclose it has grounds to pursue remedies. The strength of any claim depends on specific facts, what you knew, whether the condition was material, what was written on the form, and whether the buyer relied on the omission. But the risk is real, and it doesn't disappear at closing.

Per 49 Pa. Code § 35.284a, licensees representing sellers are required to advise sellers of their disclosure duty, provide a compliant form, and deliver the completed statement to the buyer before the agreement of sale is executed. If a seller refuses to complete the form, that refusal must be documented. This isn't optional paperwork, it's a statutory obligation with legal teeth on both sides.

The safest approach is straightforward: answer every applicable question fully, attach explanations where the form permits, identify uncertainty rather than guessing, and pull together your documentation before you sit down to complete the form. Prior inspection reports, permits, invoices, warranties, insurance claims, pest-treatment records, radon reports, water-quality results, and septic documentation all help you answer consistently and give you a paper trail if questions arise later.

"As-is" language in a contract does not reliably erase the duty to disclose known latent material defects. I've seen sellers assume that listing as-is gets them off the hook, it doesn't. What it typically does is signal to buyers that you won't make repairs, not that you have no disclosure obligations. If you're considering an as-is sale, understand what that language actually covers before you rely on it. This is exactly the kind of question I walk my clients through before we ever put a sign in the yard.

If you're dealing with an unusual situation, an estate sale, trust-owned property, inherited home, or prior environmental contamination, get legal advice specific to your circumstances. The disclosure rules have nuances in those contexts that go beyond standard residential practice. For a look at how disclosure intersects with other sale complexities, see my post on what happens when a buyer backs out after inspection in Pennsylvania, because inspection findings and disclosure gaps often surface in the same conversation.

Frequently Asked Questions

What does a Pennsylvania seller legally have to disclose before selling a house?

Pennsylvania sellers must disclose all known material defects that are not readily observable to the buyer, using the official Seller's Property Disclosure Statement promulgated by the Pennsylvania State Real Estate Commission. The form covers structure, roof, basement and crawl spaces, water and sewage systems, plumbing, electrical, HVAC, appliances, hazardous substances, pests, boundaries, remodeling, zoning, and other material conditions. The completed form must be delivered to the buyer before the agreement of sale is signed.

Do I have to disclose radon testing or a radon mitigation system in Pennsylvania?

Yes, if you have known radon test results, know of a radon condition, or have had a mitigation system installed or mitigation work performed, that information must go on the hazardous-substances section of the Pennsylvania disclosure form. Pennsylvania law does not require every seller to conduct a pre-listing radon test; the obligation is to disclose what you already know. Buyers typically request radon testing as part of their inspection contingency, which is a separate negotiation under the agreement of sale.

Do Pennsylvania sellers have to disclose termites or previous termite damage?

Yes. The Pennsylvania disclosure form requires sellers to disclose known infestations, damage, inspections, treatments, and repairs involving termites and other wood-destroying insects. If you've had a pest company treat the property or repair termite damage, keep those records and include that information on the form. This is particularly relevant for older homes and properties with basements, crawl spaces, or a history of moisture issues.

Can I sell a house in Pennsylvania "as is" without completing the disclosure form?

No. "As-is" language in a sales contract signals that you won't make repairs, it does not eliminate your obligation to complete and deliver the Pennsylvania Seller's Property Disclosure Statement. Sellers must still disclose known material latent defects even when selling as-is. A buyer can still pursue legal remedies if they can show the seller knowingly concealed a material defect, regardless of as-is language in the contract.

Can a buyer sue a Pennsylvania seller for failing to disclose a known problem?

Yes. If a seller fails to disclose a known material defect, the buyer may have grounds to pursue remedies under Pennsylvania's disclosure law. The strength of any claim depends on what the seller knew, whether the condition was material and not readily observable, what was written on the disclosure form, and whether the buyer relied on the omission. Completing the disclosure form accurately is the most direct way to limit post-closing exposure.