Pennsylvania Sellers Property Disclosure Statement

Code § 35.335a is the regulation within the Pennsylvania Code that states a seller (1-4 unit property) must disclose to a buyer all known material defects about a property being sold that are not readily observable.

A seller is required to disclose to the buyer any known major problems with the property that are not easily seen. The disclosure form is meant to help the seller meet this obligation and to give the buyer useful information when evaluating the property. The form only reflects what the seller knows about the property’s condition at the time it is signed, and it does not take the place of inspections or warranties the buyer may wish to obtain.

This disclosure is not a guarantee or warranty by the seller, the listing agent, the selling agent, or their brokers. Buyers are encouraged to ask questions and investigate anything not included in the form. Even if a problem is not listed, the seller is still required to disclose any known major issue with the property.

A “material defect” is a problem that either has a significant negative impact on the property’s value or creates an unreasonable safety risk to people on the property. However, the fact that a system, structure, or component is old or nearing the end of its expected life does not, by itself, count as a material defect.

How Can I Get a Copy of the "Pennsylvania Sellers Property Disclosure Statement"?

We will provide you a copy of any Pennsylvania disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Are There Any Exemptions to Providing the Disclosure?

Yes, please review civil code for the most current list.

1. Pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain and condemnation and transfers resulting from a decree for specific performance.
2. To a mortgagee by a mortgagor or successor in interest who is in default; to a beneficiary of a deed of trust by a trustee or successor in interest who is in default; by any foreclosure sale after default in an obligation secured by a mortgage; by a sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale; or by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or who has acquired the real property by a deed in lieu of foreclosure.
3. From one co-owner to one or more other co-owners.
4. Made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
5. Between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property
   settlement agreement incidental to the decree.
6. By a corporation, partnership or other association to its shareholders, partners or other equity owners in connection
   with the liquidation of the corporation, partnership or other association.
7. Of a property to be converted by the buyer into a use other that residential use or to be demolished.
8. Of unimproved real property

Return to Pennsylvania Real Estate Disclosure Requirements