LOCAL RULES: 68 PA.C.S. 7303

Pennsylvania seller's disclosure requirements

Your Pennsylvania seller's disclosure has 2 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • A signed and dated statement delivered before the agreement of sale is signed
  • Every applicable question answered, "yes" answers explained
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Pennsylvania's Real Estate Seller Disclosure Law makes the seller of a one to four unit home disclose every known material defect on the State Real Estate Commission's statement, signed, dated and delivered before the agreement of sale is signed. The Commission's regulation sets the minimum contents: seventeen numbered sections from the seller's expertise to legal issues and storm water facilities. Here is each rule with a link to the statute and the Pennsylvania Code.

Last reviewed October 26, 2026 against the official sources listed below.

Seller's disclosurePENNSYLVANIA / FREE CALCULATOR

Delivery and deadlines

WhatWhenRule
Signed and dated statement delivered to the buyer or the buyer's agent (by hand, first class or certified mail, or fax)Before the agreement of sale is signed (November 2, 2026)68 Pa.C.S. s. 7303, 7305 (a)
Delivered after the agreement was signed: the law requires delivery before (no cancellation right; a willful or negligent failure makes the seller liable for the buyer's actual damages)On November 5, 202668 Pa.C.S. s. 7303, 7311 (a)
Any amendment of a disclosure, in writingBefore the agreement of sale is signed68 Pa.C.S. s. 7312
The buyer told of information later made inaccurateBefore final settlement68 Pa.C.S. s. 7307
Condominium or cooperative: the association's certificate of resale to the buyer, who may cancel with deposits returned until it is provided and for 5 days after, or until conveyance, whichever comes firstBefore conveyance49 Pa. Code s. 35.335a (15); 68 Pa.C.S. s. 3407, 4409
A buyer's action for damages under the lawWithin 2 years after final settlement68 Pa.C.S. s. 7311 (b)

Dates count from the dates entered. The contract itself may set other deadlines; check it.

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What Pennsylvania requires

  • The law covers transfers of property with one to four residential dwelling units, by sale, exchange, installment sales contract, lease with an option to purchase, or transfer of a condominium or cooperative unit, except court-ordered, foreclosure, co-owner and family transfers listed in the statute68 Pa.C.S. s. 7103
  • Also exempt: transfers by a fiduciary administering an estate, guardianship, conservatorship or trust, and new construction never occupied that has a written warranty of one year or more, a code inspection and a certificate of occupancy68 Pa.C.S. s. 7302
  • The seller discloses every known material defect by completing all applicable items of the statement, and delivers a signed and dated copy to the buyer before the seller and buyer sign the agreement of transfer68 Pa.C.S. s. 7303
  • Delivery is by personal delivery, first class mail, certified mail with return receipt, or fax to the buyer or the buyer's agent; receipt may be acknowledged on the statement or in the agreement of transfer68 Pa.C.S. s. 7305
  • The statement contains at least the State Real Estate Commission's disclosures, sections (1) to (17), with the seller's representation and the buyer's receipt; a seller may use a form that asks for more49 Pa. Code s. 35.335a · 68 Pa.C.S. s. 7304
  • Every applicable question is answered, with any "yes" answer explained49 Pa. Code s. 35.335a · 68 Pa.C.S. s. 7303
  • The seller may amend a disclosure in writing before the agreement is signed, and must notify the buyer of information later made inaccurate before final settlement68 Pa.C.S. s. 7312 · 68 Pa.C.S. s. 7307
  • A transfer is not invalidated by a failure to comply, but a person who willfully or negligently violates the law is liable for the buyer's actual damages; an action must start within two years after final settlement68 Pa.C.S. s. 7311
  • 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, deceptive or misleading, and may not fail to disclose a known material defect68 Pa.C.S. s. 7308

When the statement is required

Sales, exchanges, installment contracts, leases with an option to buy and condominium or cooperative unit transfers of homes with one to four units are covered. Court-ordered and foreclosure transfers, transfers between co-owners, to a spouse or lineal relatives, by an estate or trust fiduciary, and warranted, inspected new construction that was never occupied are not.

What the form asks

The regulation lists seventeen sections: the seller's expertise, occupancy, roof, basements and crawl spaces, pests, structural items, additions, water and sewage, plumbing, heating and air conditioning, electrical, equipment and appliances, land, hazardous substances, associations, storm water facilities and miscellaneous legal matters. Most questions are answered yes or no, a few allow unknown, and each yes is explained. A condominium or cooperative buyer also gets the association's resale certificate, with a cancellation right until five days after it arrives.

Delivery, changes and liability

The signed and dated statement reaches the buyer or the buyer's agent by hand, first class or certified mail, or fax before the agreement of sale is signed. Pennsylvania gives the buyer no right to cancel for a late statement; instead a seller who willfully or negligently fails the law owes the buyer actual damages, claimed within two years of settlement. Changes before signing go in a written amendment, and anything later made inaccurate is reported to the buyer before settlement.

Common mistakes

  • Delivering the statement after the agreement of sale is signed instead of before.
  • Answering yes without the explanation the form asks for in that section.
  • Leaving the basement or association sections blank when they apply, or answering them when they do not.
  • Treating an old roof or furnace as a material defect by itself: the law says age alone is not one.
  • Forgetting to tell the buyer in writing when something on the statement becomes inaccurate before settlement.

Sources

Last reviewed October 26, 2026. Next review due January 26, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.