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Pennsylvania · 68 Pa.C.S. §7303Pennsylvania seller's property disclosure statement

In Pennsylvania the seller of residential real estate discloses known material defects on the State Real Estate Commission's property disclosure statement and delivers a signed, dated copy to the buyer before the agreement of transfer is signed (68 Pa.C.S. §7303). If something becomes inaccurate before final settlement, the seller notifies the buyer. A seller or agent who willfully or negligently violates the law is liable for the buyer's actual damages; suit must be filed within two years after final settlement (§7311).

The rules

  1. When (§7303)

    A signed and dated statement delivered before the seller and buyer sign the agreement of transfer – by personal delivery, first-class or certified mail, or fax to the buyer or buyer's agent (§7305).

  2. The form (§7304)

    The Commission's form covers the seller's expertise, last occupancy, roof, basement, pests, structure, remodeling, water and sewage, plumbing, HVAC, electrical, appliances, soils and sinkholes, hazardous substances, associations, legal issues and stormwater facilities.

  3. Later changes (§7307)

    If information becomes inaccurate before final settlement because of a later act or occurrence, the seller notifies the buyer. Before the agreement is signed the seller may amend in writing (§7312).

  4. Liability (§7311)

    Willful or negligent violations: actual damages. Suit within two years after final settlement. The transfer itself is not invalidated.

Good to know

  • Exempt: fiduciaries administering an estate, guardianship, conservatorship or trust; and never-occupied new construction with a written warranty of a year or more, a code inspection and a certificate of occupancy (§7302).
  • Condo and co-op sellers disclose only about their own unit; common elements follow the resale certificate rules (§7302(b)).
  • No claim for defects disclosed before the agreement, defects that develop after it, or defects after settlement (§7314).
  • The seller's agent must explain the duty and give the seller the form (§7313(c)).

What the TC tracks

  • The signed statement in the buyer's hands before the agreement of sale – receipt acknowledged.
  • Notices of new inaccuracies before settlement.
  • For condos, the separate resale certificate.

Questions about the Pennsylvania disclosure

When must the Pennsylvania seller's disclosure be delivered?

Before the seller and buyer sign the agreement of transfer (68 Pa.C.S. §7303).

Is new construction exempt in Pennsylvania?

Only never-occupied new construction with a written warranty of at least a year, a code inspection and a certificate of occupancy (§7302(a)(2)).

How long does a Pennsylvania buyer have to sue for nondisclosure?

Two years after the date of final settlement (§7311(b)).

Does the Pennsylvania form ask about stormwater facilities?

Yes – their condition, location and who is responsible for maintenance (§7304(b)(17)).

Are estate sales exempt in Pennsylvania?

Yes, transfers by a fiduciary in the administration of an estate, guardianship, conservatorship or trust are exempt (§7302(a)(1)).

Related guides

Keep the signed statement and any later notice with the deal documents in ClosingCode, with the date each reached the buyer.

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Source: Pennsylvania Consolidated Statutes, Title 68, §§7301–7315, Real Estate Seller Disclosure Law (legis.state.pa.us, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.