Pennsylvania guide

PA Seller's Property Disclosure Statement: RESDL Requirements

TL;DR

If you're selling a home in Pennsylvania with one to four units, state law makes you fill out a Seller's Property Disclosure Statement (SPDS) and hand it to the buyer before they sign the sales contract. You answer based on what you actually know about things like the roof, basement, plumbing, flooding, radon, and any zoning issues. Hiding a known problem can let the buyer cancel the deal or sue you, so honest answers protect you more than vague ones.

Before you start — 9 things to know

Pennsylvania's Real Estate Seller Disclosure Law requires you to give buyers a completed Seller's Property Disclosure Statement before they sign the agreement of sale, as long as you're selling a home with one to four dwelling units.
Answer the disclosure form based on what you actually know about your home. 'Unknown' is only meant for things you genuinely don't know — using it as a blanket shield when you actually know about a problem can be treated as misrepresentation.
The form covers structural items (roof, foundation, basement, walls, windows), mechanical systems (heating and cooling, electrical, plumbing, water supply, sewage), water issues like flooding, drainage, and moisture, and environmental conditions like radon, lead paint, storage tanks, and hazardous materials.
You also have to disclose legal and zoning matters about the property, including any zoning violations, pending assessments, or known disputes.
Some sales are exempt from Pennsylvania's seller disclosure rule — court-ordered transfers like foreclosures, estate sales, and partition actions, transfers between co-owners, deeds in lieu of foreclosure, and transfers to a lender as security. New construction that no one has ever lived in may also be exempt.
If your buyer later learns of a serious problem the disclosure should have flagged, Pennsylvania law gives them the right to cancel the agreement within a specific window before closing.
If you hide or misrepresent a known material defect on the disclosure form, you can be sued — the buyer can ask a court to unwind the sale (rescission) or to make you pay the cost of fixing it.
Your listing agent has their own separate duty to disclose. Under Pennsylvania licensee rules, an agent must tell the buyer about any material defect they personally know about, even if you didn't write it on your disclosure form.
Keep a signed, dated copy of the Seller's Property Disclosure Statement in your closing file. If a dispute comes up months or years later, your written disclosure is your main evidence of what you told the buyer.

The timeline — step by step

Before listing, gather what you know about the home — past repairs, inspection reports, insurance claims, permits, and any letters from the township about zoning or assessments.
Fill out the Seller's Property Disclosure Statement honestly, answering 'yes,' 'no,' or 'unknown' for each item, and only using 'unknown' when you truly don't have an answer.
Sign and date the disclosure form so there's a clear record of when and how you answered.
Deliver the completed disclosure to the buyer before they sign the agreement of sale — this is a Pennsylvania legal requirement, not just a custom.
The buyer reviews your disclosures. If material issues show up that they didn't know about, they may have a right to cancel the agreement within the window set by Pennsylvania law.
If you discover a new material defect after you've already given the buyer the form but before closing, send the buyer a written update right away.
After closing, keep your signed disclosure copy with your other closing documents. If a buyer comes back later claiming you hid something, that paperwork is your protection.

Common questions

Do I have to fill out a seller's disclosure if I'm selling my house in Pennsylvania?

Yes, in almost all sales of a home with one to four dwelling units, Pennsylvania's Real Estate Seller Disclosure Law requires you to give the buyer a completed Seller's Property Disclosure Statement before they sign the sales contract. A few sales are exempt, like court-ordered foreclosures, transfers between co-owners, and deeds in lieu of foreclosure. If you're not sure whether your sale qualifies for an exemption, ask a real-estate attorney before skipping the form.

Can I just write 'unknown' for everything to protect myself?

No. 'Unknown' is only meant for items you genuinely don't have information about. If you actually know there's a leaky basement or a cracked foundation and you write 'unknown,' a court can treat that as concealing a material defect. That can lead to the buyer canceling the sale or suing you for damages.

What kinds of problems do I have to disclose on the Pennsylvania form?

The Pennsylvania Seller's Property Disclosure Statement covers structural items like the roof, foundation, basement, walls, and windows, plus mechanical systems like heating and cooling, electrical, plumbing, water, and sewage. It also asks about water and moisture issues like flooding and drainage, environmental conditions like radon, lead paint, underground tanks, and hazardous materials, and legal matters like zoning violations and pending assessments. If a reasonable buyer would want to know about it before buying, treat it as disclosable.

What if I forget about a problem and don't list it on the disclosure?

Pennsylvania law focuses on what you actually knew at the time you signed the form, so an honest oversight is treated differently from concealment. Even so, it's worth walking through every room and reviewing old repair receipts before you sign so nothing important slips through. If you remember something material after you've already given the buyer the form, send a written update right away.

Does my agent have to disclose problems too, or is it all on me?

Your agent has their own separate duty. Under Pennsylvania licensee rules, your listing agent must disclose any material defect they personally know about, directly to the buyer, regardless of what you put on your form. So if your agent has seen or been told about an issue, they're required to share it even if you left it off your disclosure.

What happens if the buyer finds a problem after closing that I didn't disclose?

If you knew about the problem and didn't disclose it, the buyer can sue you in Pennsylvania for rescission — meaning a court unwinds the sale — or for the cost of fixing the defect. If you genuinely didn't know about it, you're generally protected as long as your answers on the form were honest at the time you signed. That's why complete, truthful disclosure up front is your strongest legal defense.

Am I off the hook from disclosure if I'm selling brand-new construction?

You may be. Pennsylvania's disclosure law has an exemption for transfers where no one has ever occupied the property for residential use, which often covers true new construction. But if anyone has lived in the home, even briefly, the exemption probably doesn't apply. When in doubt, ask a real-estate attorney before you decide to skip the form.

Sources

Last updated