The Form That Comes With The House
68 Pa.C.S. 7303 — known material defects, disclosed before the agreement is signed
In Pennsylvania, a seller who intends to transfer an interest in real property discloses to the buyer any material defects known to the seller by completing a property disclosure statement, and delivers a signed and dated copy before the agreement of transfer is signed.
- Roof, basement and crawl spaces, and structural problems.
- Termites, wood destroying insects, dry rot and pests.
- Water, sewage, plumbing, heating, air conditioning and electrical systems.
- Soils, drainage, boundaries and sinkholes, and hazardous substances.
- Legal issues affecting title or the use and enjoyment of the property, and storm water facilities.
The seller's duty. The seller need not investigate, but may not make representations the seller or the seller's agent knows or has reason to know are false or misleading, and may not leave out a known material defect. Information that becomes inaccurate before settlement is reported to the buyer.
If it goes wrong. The transfer is not invalidated, but a person who willfully or negligently fails to perform a duty is liable for the buyer's actual damages. The action is commenced within two years after the date of final settlement.
Not liable. A seller with no knowledge of the error, who reasonably believed a defect had been corrected, or who relied on a public agency, home inspector or licensed contractor, is not liable for it.
Fraud and misrepresentation claims outside the disclosure law are not on this page. Whether a particular defect had to be disclosed, and what a buyer or seller can recover, are questions for a licensed Pennsylvania attorney.
Sources for this section (6)
- 68 Pa.C.S. 7303 — Disclosure of material defects
- 68 Pa.C.S. 7304 — Disclosure form
- 68 Pa.C.S. 7307 — Information subsequently rendered inaccurate
- 68 Pa.C.S. 7308 — Affirmative duty of seller
- 68 Pa.C.S. 7309 — Nonliability of seller
- 68 Pa.C.S. 7311 — Failure to comply
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.