Pennsylvania Seller Disclosure Form: What Sellers Must Disclose (2026)

Updated October 2026. Pennsylvania’s Real Estate Seller Disclosure Law and the State Real Estate Commission’s form checked on October 31, 2026.

Pennsylvania’s Real Estate Seller Disclosure Law (68 Pa.C.S. §§ 7301–7315) makes most home sellers give the buyer a signed, dated disclosure statement before both sign the agreement of sale. The form covers 17 subjects, from the roof to storm water. As of October 2026, a seller who skips it can owe the buyer actual damages for 2 years after settlement.

Jump to: 👤 Who must disclose · 🚫 Exemptions · ⏰ Timing · 📋 What’s on the form · ⚖️ Penalties · ❓ FAQ

Who has to fill out the Pennsylvania seller disclosure form?

Almost every seller of a home. The law applies to “residential real estate transfers,” which means property with 1 to 4 dwelling units. It covers sales, exchanges, installment contracts, leases with an option to buy, and condo or co-op units.

It doesn’t matter whether an agent is involved. The statute says “any seller” who intends to transfer an interest in the property must disclose known material defects. So a for-sale-by-owner seller has the same duty as someone listed with a big brokerage. If you’re selling on your own, our guide to selling your Pennsylvania home without a realtor shows where the form fits in the whole sale.

What’s a material defect? The law calls it a problem that would have a significant adverse impact on the value, or that involves an unreasonable risk to people on the property. One useful detail: a system that’s simply old, like a 20-year-old furnace that still works, is not a material defect by itself.

Who is exempt from the disclosure law?

The exemptions are specific. If your sale isn’t on this list, plan to fill out the form. Here are the 10 cases the law leaves out:

• A sale by an executor, guardian, conservator or trustee while running an estate, guardianship or trust.
• New construction no one has lived in, if the buyer gets a written warranty of at least 1 year, it passed a code inspection and it has a certificate of occupancy.
• A transfer under a court order, such as a sheriff’s sale, a bankruptcy trustee’s sale or eminent domain.
• A foreclosure, a deed in lieu of foreclosure, or a resale by the lender that took the home back.
• A transfer from one co-owner to another.
• A transfer to a spouse, or to a parent, child, grandchild or other direct relative.
• A transfer between spouses under a divorce or separation decree.
• A transfer by a company to its owners when it winds up.
• A sale to a buyer who will tear the home down or turn it into a non-residential use.
• A sale of vacant land with no buildings.

Condo and co-op sellers get a partial break. You disclose only about your own unit. Disclosures about the common areas come from the association’s resale certificate instead.

When and how do you give the disclosure to the buyer?

Before the agreement of sale is signed. That’s the key timing rule. A buyer should be able to read your answers before committing to a price.

The law lists 4 delivery methods: in person, first-class mail, certified mail with a return receipt, or fax. You can deliver to the buyer or the buyer’s agent. Handing it to one buyer counts as delivery to everyone buying with them, such as a spouse. Have the buyer sign that they got it, or note it in the agreement of sale. Keep a dated record of how and when you delivered it.

You can change your answers in writing up to the moment the agreement of sale is signed. After that, if something becomes untrue before settlement, you must tell the buyer. A new roof leak in the third week of your deal is the classic example.

What does the Pennsylvania disclosure form ask about?

The State Real Estate Commission publishes the official form at 49 Pa. Code § 35.335a. The law lists 17 subjects it must cover. Here they are, grouped. You can use a form with more detail, but not less.

The sinkhole and storm water items came from a 2015 amendment, so older blank forms may be missing them. Use the current version. Every Beycome package includes free access to legal forms and disclosures in your dashboard.

What if you don’t know the answer?

Say so. The law lets you answer from the best information you have when a fact is unknown. You don’t have to open walls, test the soil or hire an inspector to complete the form.

What you can’t do is guess in a way you know is misleading, or leave out a defect you know about. The law also protects you in three cases. You’re not liable for an error if you didn’t know about it, if you reasonably believed it had been fixed, or if it came from a public agency, inspector or licensed contractor.

That last one is practical. If you have a recent inspection or a repair report, attach it. A written report from a qualified pro can stand in for your own answer on that item. Our article on why home inspections matter covers what a report usually includes.

What happens if you don’t give the disclosure?

The sale still stands. The law says a transfer isn’t cancelled just because someone didn’t follow it. But a seller who willfully or negligently breaks it is liable for the buyer’s actual damages. A court can still add other remedies under other laws.

The buyer has 2 years from the date of final settlement to sue. There are also limits on the buyer’s side. A buyer can’t sue under this law over a defect you disclosed before signing. The same goes for a defect that appeared after signing, or after settlement. Honest, complete answers are your best protection.

Can you sell your Pennsylvania home as is without a disclosure?

You can sell as is, but you still fill out the form. Pennsylvania has no disclaimer that replaces it. “As is” just means you won’t make repairs. It doesn’t let you stay quiet about a known problem.

If your agreement of sale has a clause that releases you from responsibility for defects, the Real Estate Commission’s rule for agreements says it must be printed in bold. That rule governs contracts drafted by licensees, but it’s a smart habit in any contract. For pricing and marketing a home as is, see how to sell your home as is.

What other disclosures might you need?

• Lead paint. For most homes built before 1978, federal law requires a lead disclosure, the EPA pamphlet and a 10-day window for the buyer to test, unless they waive it.
• HOA resale certificate. In a planned community, you give the buyer the declaration, bylaws, rules and a resale certificate. The association must provide it within 10 days of your request, and the buyer can void the deal until 5 days after getting it.
• Condo resale certificate. Condo units follow a similar rule under the Uniform Condominium Act.
• Older local rules. Towns can’t add new disclosure rules, but ordinances adopted before the state law took effect still apply. Ask your title company if your town has one.

For the rest of your paperwork, use our checklist for selling without an agent. For how disclosures work in general, read our guide to seller disclosures.

Once your disclosure is ready, you’re ready to list. Beycome puts Pennsylvania homes on the major home search sites and the MLS for $99, with $0 at closing. 22,000+ homeowners have used Beycome so far (Beycome internal data, October 2026). Start your Pennsylvania listing.

More Pennsylvania guides: Flat Fee MLS Philadelphia (2026): 8 Bright MLS Plans Ranked, Flat Fee MLS Pittsburgh (2026): 8 West Penn MLS Options Ranked, Flat Fee MLS Allentown & Lehigh Valley (2026): 8 Plans Ranked, How to Sell Your Philadelphia House Without a Realtor (2026), How to Sell Your Pittsburgh House Without a Realtor (2026), How to List Your Pennsylvania Home on the MLS by Owner (2026), Pennsylvania Realty Transfer Tax: Who Pays and How Much (2026), Pennsylvania FSBO Agreement of Sale: What It Must Include (2026), Do You Need a Lawyer to Sell a House in Pennsylvania? (2026).

Pennsylvania seller disclosure questions

Reviewed by Beycome Brokerage Realty LLC, licensed real estate brokerage (PA #RB070477). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.