Pennsylvania Seller Disclosure Form: What's Required in 2026

Pennsylvania has a full statutory disclosure regime governed by the Real Estate Seller Disclosure Law (RESDL), 68 Pa. Consolidated Statutes sections 7301 through 7315. Every seller of a residential property containing one to four dwelling units must complete and deliver the Seller's Property Disclosure Statement (SPDS) to any buyer before the execution of an agreement of sale, with limited exceptions. Add coal, mineral, and mine subsidence notices on top in the appropriate counties and the disclosure load is meaningful. This page walks through what's required, the unusually broad scope of the SPDS, and the buyer remedies when you don't deliver.

General information only, not legal advice. Pennsylvania disclosure obligations are governed by statute and case law. Work with a Pennsylvania real estate attorney or licensed broker on any specific situation.

The Seller's Property Disclosure Statement (the central rule)

The Real Estate Seller Disclosure Law (RESDL) requires sellers of residential property with one to four dwelling units to complete and deliver the Seller's Property Disclosure Statement to the buyer prior to execution of the agreement of sale. The State Real Estate Commission prescribes the form's required content under 68 Pa. C.S. 7304.

The SPDS covers an unusually broad range of property conditions:

• Seller information: ownership, occupancy, length of ownership.
• Roof, attic, and gutters: age, leaks, repairs.
• Basements, garages, and crawl spaces: water, dampness, sump pumps.
• Termites and pests: prior infestation, treatment, damage.
• Structural items: foundation, walls, floors, ceilings, additions, alterations.
• Additions and remodeling: permits, contractor licenses, certificate of occupancy.
• Water and sewage: public water, well, septic, public sewer.
• Plumbing system: type of pipes, leaks, water heater age.
• Heating and cooling: system types, fuels, ages, service history.
• Electrical system: amperage, panel type, knob and tube, aluminum.
• Other equipment: appliances, alarms, intercoms, pools, spas.
• Land and soil conditions: drainage, flooding, sinkholes, sliding, settling.
• Hazardous substances: lead paint, asbestos, radon, mold, fuel tanks, contamination.
• Condominium and HOA: assessments, governing documents, pending litigation.
• Miscellaneous: easements, encroachments, boundary disputes, deed restrictions.

Each item is answered Yes, No, Unknown, or Not Applicable. The "Unknown" answer is genuinely available; Pennsylvania does not require sellers to investigate or warrant matters outside their actual knowledge. However, "Unknown" must be truthful — a seller who actually knows the answer and marks "Unknown" is misrepresenting.

Coal, mineral, and mine subsidence notice

Pennsylvania's coal heritage produces a specific statutory disclosure under the Bituminous Mine Subsidence and Land Conservation Act. Properties in coal regions must carry notice that coal and mining rights may have been severed from the surface ownership and that mine subsidence may damage the property. The standard SPDS contains the required boilerplate; additional county-specific notices apply in heavy mining counties (Westmoreland, Allegheny, Washington, Greene, Fayette, and others). Mine subsidence insurance is available through the Pennsylvania Department of Environmental Protection and is usually a separate decision the buyer should be informed about during diligence.

Sinkhole and karst disclosure

Pennsylvania's karst geology in the southeastern and central regions (Lehigh, Berks, Lancaster, Centre counties, and others) produces sinkhole pressure that does not exist in other parts of the state. The SPDS specifically asks about sinkholes, settling, sliding, and unstable soil. Sellers in karst regions who have had any sinkhole activity or remediation work must disclose it; concealment is among the most frequently litigated Pennsylvania disclosure issues.

Delivery timing — before the agreement of sale

The SPDS must be delivered to the buyer before the agreement of sale is executed. The standard Pennsylvania Association of Realtors agreement form includes acknowledgment of receipt. If the disclosure is not delivered before signing, the buyer may terminate the agreement at any time before the earlier of:

• The end of the third business day after receipt of the disclosure.
• The conveyance of title (i.e., closing).

On timely termination, the buyer's deposit is refunded. Late delivery is not a way to cure missed disclosure; it gives the buyer a free exit.

Federal lead-based paint disclosure

Federal law (42 USC 4852d) requires lead-based paint disclosure for homes built before 1978, on top of the SPDS lead question. The lead disclosure must be signed by both parties and the buyer must receive a 10-day inspection period to test for lead paint unless waived in writing.

Megan's Law notice

Standard Pennsylvania agreements of sale include notice directing the buyer to the Pennsylvania State Police Megan's Law registry for information about registered sex offenders in the area. Sellers and brokers are not required to volunteer information about specific offenders.

HOA and condominium disclosure

Properties governed by a homeowners association or condominium are subject to additional disclosure under the Pennsylvania Uniform Condominium Act and the Uniform Planned Community Act. Required documents include the declaration, bylaws, rules and regulations, most recent financial statement, current operating budget, and a resale certificate showing the status of assessments and any special assessments. Buyers have a statutory rescission period (typically 5 days for condos, 5 days for planned communities) after receipt of the resale package.

Exemptions — when the SPDS is not required

Several transfers are exempt from the SPDS requirement under 68 Pa. C.S. 7302:

• Transfers pursuant to court order (probate, divorce, partition, bankruptcy).
• Transfers between co-owners.
• Transfers to a spouse, lineal descendant, or ancestor.
• Transfers in connection with foreclosure or deed in lieu.
• Transfers between government entities.
• Transfers of newly constructed property never previously occupied.
• Transfers from an estate where the executor never resided at the property.
• Transfers of property where the buyer has occupied immediately preceding the transfer.
• Transfers of certain commercial or non-residential property.

Exemption from the SPDS does not protect a seller from common-law fraudulent concealment claims. Estate executors who knew about defects and mark everything "Unknown" continue to be the most frequent Pennsylvania exemption-loophole litigation category.

Consequences of non-disclosure or false answers

Pennsylvania sellers who provide false SPDS answers or skip delivery face:

• Buyer's termination right: if the form was not delivered in time, the buyer can terminate within three business days of receipt or before closing, with full deposit refund.
• Actual damages: under 68 Pa. C.S. 7311, the buyer may recover actual damages plus court costs in addition to any other remedies available at law or in equity.
• Rescission: available in significant cases of fraudulent misrepresentation.
• Punitive damages: available in cases of intentional fraud.
• Attorney's fees: standard PAR agreements typically include fee-shifting clauses.
• Broker license consequences: licensed brokers and salespersons who knowingly participate in non-disclosure face Real Estate Commission discipline.

The statute of limitations on actual-damages claims under RESDL runs from the date of closing under 68 Pa. C.S. 7311(c), with common-law fraud claims typically running from discovery. Pennsylvania sellers can face lawsuits years after the sale.

The disclosure folder you should build before listing

Pennsylvania sellers who arrive at the closing with documentation already organized substantially reduce SPDS completion time and post-sale litigation risk. Items to gather:

• Certificate of occupancy and any open or expired permits.
• Survey showing property lines, easements, and any encroachments.
• Roof install date, contractor, and warranty paperwork.
• HVAC, water heater, and major appliance records.
• Septic permit, pumping records, and most recent inspection.
• Well water test results (bacteriological and chemical).
• Sump pump install date and drainage system documentation.
• Radon test results (Pennsylvania is a high-radon state).
• Mold or moisture remediation work.
• Termite, carpenter ant, and other pest treatment history.
• Fuel oil tank documentation (above-ground or underground, tested or removed).
• Electrical panel age, type, and any aluminum or knob-and-tube notations.
• Mine subsidence insurance policy if in a coal region.
• Sinkhole testing or remediation work if in karst region.
• Insurance claim history on the property.
• HOA or condo resale certificate, governing documents, and recent assessment letters.

For a deeper look at what records buyers and their inspectors specifically ask for at closing, see What Maintenance Records Do Home Buyers Ask For at Closing? For comparable state frameworks, see California, Texas, Florida, New York, North Carolina, and Georgia seller disclosure articles.

The bottom line for Pennsylvania sellers

The SPDS is mandatory, the scope is broader than most states (coal, mine subsidence, sinkholes, radon, knob-and-tube), and the buyer's termination right kicks in automatically if delivery is late. "Unknown" is a legitimate answer for items the seller doesn't actually know, but it cannot be used to dodge items the seller does know. Add lead, condo, and HOA disclosures on top in the appropriate cases. The cost of complete and honest disclosure is near-zero; the cost of a missed sinkhole or mine-subsidence claim surfacing post-closing is not.