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The Pennsylvania Disclosure Form, also known as the Seller's Property Disclosure Statement (SPD), plays a crucial role in real estate transactions by promoting transparency between sellers and buyers. This form, endorsed by the Pennsylvania Association of REALTORS®, requires sellers to disclose all known material defects in their property that may not be visible or readily apparent. While the law stipulates certain mandatory disclosures, the SPD provides additional insights to help buyers make informed decisions. It documents the seller's knowledge about various aspects of the property, including its condition, occupancy history, and maintenance details, as of the date signed. By doing so, it encourages sellers to share vital information that can influence the buyer’s evaluation of the property. Notably, the form clarifies that it does not serve as a substitute for inspections or warranties, which remain the buyer's responsibility. Furthermore, the document outlines the implications for non-exempt sellers and includes definitions of material defects, ensuring that both parties comprehend their responsibilities. It is important for sellers to complete all sections accurately—checking 'Yes,' 'No,' 'Unknown,' or 'Not Applicable'—to provide a comprehensive overview of the property, safeguarding themselves and fostering a trustworthy transaction.

Pa Disclosure Example

SELLER'S PROPERTY DISCLOSURE STATEMENT

SPD

This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).

1PROPERTY

2SELLER

3The Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires that a seller of a property must disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this state- 5 ment includes disclosures beyond the basic requirements of the Law in an effort to assist sellers in complying with seller disclosure 6 requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form 7 can find the form on the Web site of the Pennsylvania State Real Estate Commission.

8This Statement discloses Seller’s knowledge of the condition of the property as of the date signed by Seller and is not a substi- 9 tute for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a

10warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to

11address concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve

12Seller of the obligation to disclose a material defect that may not be addressed on this form. Any non-exempt seller is obligated to

13complete the disclosure form even if the seller does not occupy or has never occupied the property. For a list of exempt sellers,

14see Information Regarding the Real Estate Seller's Property Disclosure Law found on the last page of this document.

15A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on

16the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or

17subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a mate-

18rial defect.

19Check yes, no, unknown (unk) or not applicable (N/A) for each question. Be sure to check N/A when a question does not apply

20to the property. Check unknown when the question does apply to the property but you are not sure of the answer.

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22

23A

24B

25C

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30

312

323

341

352

363

374

385

39C

40D

441

452

463

474

48B

50C

Yes No Unk N/A

Yes No Unk N/A

Yes No Unk N/A

1.SELLER'S EXPERTISE

(A)Does Seller possess expertise in contracting, engineering, architecture, environmental assessment or other areas related to the construction and conditions of the property and its improvements?

(B)Is Seller the landlord for the property?

(C)Is Seller a real estate licensee?

Explain any "yes" answers in section 1:

2.OWNERSHIP/OCCUPANCY

(A)Occupation

1.When was the property most recently occupied?

2.Was the Seller the most recent occupant? If "no," when did the Seller most recently occupy the property?

3.How many persons most recently occupied the property?

(B)Role of Individual Completing This Disclosure. Is the individual completing this form:

1.The owner

2.The executor

3.The administrator

4.The trustee

5.An individual holding power of attorney

(C)When was the property purchased?

(D)Are you aware of any pets having lived in the house or other structures during your ownership? Explain section 2 (if needed):

3.CONDOMINIUMS/PLANNED COMMUNITIES/OTHER HOMEOWNERS ASSOCIATIONS

(A)Type. Is the Property part of a(n):

1.Condominium

2.Homeowners association or planned community

3.Cooperative

4.Other type of association or community

(B) If "yes," how much are the fees? $

 

 

, paid (

 

Monthly)(

 

Quarterly)(

 

Yearly)

(C)If "yes," are there any community services or systems that the association or community is responsible for supporting or maintaining? Explain:

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COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2012

 

 

 

 

 

 

 

 

 

 

9/12

Scott L. Yocum, Broker of Record 1375 Martin Street State College, PA 16803

 

 

 

 

 

 

Phone: 814-231-8200

Fax:

 

Todd Costello

 

 

 

 

 

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D

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PROPERTY

Yes No Unk N/A

(D) How much is the capital contribution/initiation fee? $

Notice to Buyer: A buyer of a resale unit in a condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the by-laws, the rules or regulations, and a certificate of resale issued by the association in the condominium, cooperative, or planned community. Buyers may be respon- sible for capital contributions, initiation fees or similar one-time fees in addition to regular monthly maintenance fees. The buyer will have the option of canceling the agreement with the return of all deposit monies until the cer- tificate has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first.

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73

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751

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901

912

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942

Yes No Unk N/A

Yes No Unk N/A

Yes No Unk N/A

4.ROOF

(A)Installation

1.When was the roof installed?

2.Do you have documentation (invoice, work order, warranty, etc.)?

(B)Repair

1.Has the roof or any portion of it been replaced or repaired during your ownership?

2.If it has been replaced or repaired, was the existing roofing material removed?

(C)Issues

1.Has the roof ever leaked during your ownership?

2.Are you aware of any current/past problems with the roof, gutters, flashing or downspouts? Explain any "yes" answers in section 4, including the location and extent of any problem(s) and any repair or remediation efforts:

5.BASEMENTS AND CRAWL SPACES

(A)Sump Pump

1.Does the property have a sump pit? If yes, how many?

2.Does the property have a sump pump? If yes, how many?

3.If it has a sump pump, has it ever run?

4 If it has a sump pump, is the sump pump in working order?

(B)Water Infiltration

1. Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space?

2. Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?

3. Are the downspouts or gutters connected to a public system?

Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:

6.TERMITES/WOOD-DESTROYING INSECTS, DRYROT, PESTS

(A)Status

1.Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property?

2.Are you aware of any damage caused by termites/wood-destroying insects, dryrot, or pests?

(B)Treatment

1.Is your property currently under contract by a licensed pest control company?

2.Are you aware of any termite/pest control reports or treatments for the property?

Explain any "yes" answers in section 6, including the name of any service/treatment provider, if applicable:

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99

100A

102B

104C

1061

1082

1093

110E

111F

Yes No Unk N/A 7. STRUCTURAL ITEMS

(A)Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other structural components?

(B)Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?

(C)Are you aware of any past or present water infiltration in the house or other structures, other

than the roof, basement or crawl spaces?

(D) Stucco and Exterior Synthetic Finishing Systems

1.Is your property constructed with stucco?

2.Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as

Dryvit or synthetic stucco, synthetic brick or synthetic stone?

3. If "yes," when was it installed?

(E) Are you aware of any fire, storm, water or ice damage to the property?

(F) Are you aware of any defects (including stains) in flooring or floor coverings?

Explain any "yes" answers in section 7, including the location and extent of any problem(s) and any repair or remediation efforts:

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PROPERTY

116

117

118A

120B

Yes

No Unk N/A

8.ADDITIONS/ALTERATIONS

(A)Have any additions, structural changes, or other alterations been made to the property during your ownership? Itemize and date all additions/alterations below.

(B)Are you aware of any private or public architectural review control of the property other than zoning codes?

Note to Buyer: The PA Construction Code Act, 35 P.S. §7210.101 et seq. (effective 2004), and local codes establish standards for building and altering properties. Buyers should check with the municipality to deter- mine if permits and/or approvals were necessary for disclosed work and if so, whether they were obtained. Where required permits were not obtained, the municipality might require the current owner to upgrade or remove changes made by prior owners. Buyers can have the property inspected by an expert in codes com- pliance to determine if issues exist. Expanded title insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval.

128

129

130

131

132

133

134

135

136

137

138

139

Addition, structural

Approximate date

Were permits

Final inspections/

change, or alteration

of work

obtained?

approvals obtained?

 

 

(Yes/No/Unknown)

(Yes/No/Unknown)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

140

141

142

1431

1442

1453

1464

1475

1486

1497

1508

1521

1532

1551

1562

1573

1584

1595

1621

1632

1643

1661

1672

Yes

No Unk N/A

A sheet describing other additions and alterations is attached.

9.WATER SUPPLY

(A)Source. Is the source of your drinking water (check all that apply):

1.Public

2.A well on the property

3.Community water

4.A holding tank

5.A cistern

6.A spring

7.Other

8.No water service (explain):

(B)Bypass Valve (for properties with multiple sources of water)

1.Does your water source have a bypass valve?

2.If "yes," is the bypass valve working?

(C)Well

1.Has your well ever run dry?

2.Depth of Well

 

 

 

 

 

3. Gallons per minute

 

 

, measured on (date)

4.Is there a well used for something other than the primary source of drinking water?

5.If there is an unused well, is it capped?

(D)Pumping and Treatment

1.If your drinking water source is not public, is the pumping system in working order? If "no," explain:

2.Do you have a softener, filter, or other treatment system?

3.Is the softener, filter, or other treatment system leased? From whom?

(E)General

1.

When was your water last tested?

 

 

Test results:

 

2.

Is the water system shared? With whom?

 

 

 

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Untitled

PROPERTY

169Yes No Unk N/A

1711

1722

177

178Yes No Unk N/A

179 1

1802

1813

1831

1842

1853

1864

187

1881

1892

1903

1914

1925

1936

1947

1958

196

1971

1982

1993

2004

2015

2026

2037

204

205 1

2062

207

208 1

2092

2103

2114

212

213 1

214

2152

219

220Yes No Unk N/A

2211

2222

2233

2244

2255

2266

2277

228

229B

(F)Issues

1.Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items?

2.Have you ever had a problem with your water supply?

Explain any "yes" answers in section 9, including the location and extent of any problem(s) and any repair or remediation efforts:

10.SEWAGE SYSTEM

(A)General

1.Is your property served by a sewage system (public, private or community)?

2.If no, is it due to availability or permit limitations?

3.When was the sewage system installed (or date of connection, if public)?

(B)Type Is your property served by:

1.Public (if "yes," continue to E, F and G below)

2.Community (non-public)

3.An individual on-lot sewage disposal system

4.Other, explain:

(C)Individual On-lot Sewage Disposal System. Is your sewage system (check all that apply):

1.Within 100 feet of a well

2.Subject to a ten-acre permit exemption

3.A holding tank

4.A drainfield

5.Supported by a backup or alternate drainfield, sandmound, etc.

6.A cesspool

7.Shared

8.Other, explain:

(D)Tanks and Service

1.Are there any metal/steel septic tanks on the Property?

2.Are there any cement/concrete septic tanks on the Property?

3.Are there any fiberglass septic tanks on the Property?

4.Are there any other types of septic tanks on the Property?

5.Where are the septic tanks located?

6.How often is the on-lot sewage disposal system serviced?

7.When was the on-lot sewage disposal system last serviced?

(E)Abandoned Individual On-lot Sewage Disposal Systems and Septic

1.Are you aware of any abandoned septic systems or cesspools on your property?

2.Have these systems or cesspools been closed in accordance with the municipality’s ordinance?

(F)Sewage Pumps

1.Are there any sewage pumps located on the property?

2.What type(s) of pump(s)?

3.Are pump(s) in working order?

4.Who is responsible for maintenance of sewage pumps?

(G)Issues

1.Is any waste water piping not connected to the septic/sewer system?

2.Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items?

Explain any "yes" answers in section 10, including the location and extent of any problem(s) and any repair or remediation efforts:

11.PLUMBING SYSTEM

(A)Material(s). Are the plumbing materials (check all that apply):

1.Copper

2.Galvanized

3.Lead

4.PVC

5.Polybutylene pipe (PB)

6.Cross-linked polyethyline (PEX)

7.Other

(B)Are you aware of any problems with any of your plumbing fixtures (e.g., including but not lim- ited to: kitchen, laundry, or bathroom fixtures; wet bars; exterior faucets; etc.)?

If "yes," explain:

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234

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2362

2373

2384

2395

2406

2417

2428

243B

244C

2481

2492

2503

2514

2525

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2626

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2732

2743

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2765

2776

2787

279E

2811

2822

2833

284P

2891

2902

2913

2924

2935

12.DOMESTIC WATER HEATING

Yes No Unk N/A

(A) Type(s). Is your water heating (check all that apply):

1.Electric

2.Natural gas

3.Fuel oil

4.Propane

5.Solar

6.Geothermal

7.Other

8.Is your water heating a summer-winter hook-up (integral system, hot water from the boiler, etc.)?

(B)

How many water heaters are there?

 

When were they installed?

 

(C)

Are you aware of any problems with any water heater or related equipment?

 

If "yes," explain:

 

 

 

 

 

 

13.

HEATING SYSTEM

Yes

No

Unk N/A

(A) Fuel Type(s). Is your heating source (check all that apply):

 

 

 

1.

Electric

 

 

 

2.

Natural gas

 

 

 

3.

Fuel oil

 

 

 

4.

Propane

 

 

 

5.

Geothermal

 

 

 

6.

Coal

 

 

 

7.

Wood

 

 

 

8.

Other

 

 

 

(B) System Type(s) (check all that apply):

 

 

 

1.

Forced hot air

 

 

 

2.

Hot water

 

 

 

3.

Heat pump

 

 

 

4.

Electric baseboard

 

 

 

5.

Steam

 

 

 

6.

Radiant

 

 

 

7.

Wood stove(s) How many?

 

 

 

8.

Coal stove(s) How many?

 

 

 

9.

Other

 

 

 

(C) Status

 

 

 

1.

When was your heating system(s) installed?

 

 

 

2.

When was the heating system(s) last serviced?

 

 

 

3.

How many heating zones are in the property?

 

 

 

4.

Is there an additional and/or backup heating system? Explain:

 

 

 

(D) Fireplaces

 

 

 

1.

Are there any fireplace(s)? How many?

 

 

 

2.

Are all fireplace(s) working?

3. Fireplace types(s) (wood, gas, electric, etc.):

4.Were the fireplace(s) installed by a professional contractor or manufacturer’s representative?

5.

Are there any chimney(s) (from a fireplace, water heater or any other heating system)?

6.

How many chimney(s)?

 

When were they last cleaned?

 

7.Are the chimney(s) working? If "no," explain:

(E) List any areas of the house that are not heated:

(F) Heating and Fuel Tanks

1. Are you aware of any heating fuel tank(s) on the property?

2. Location(s), including underground tank(s):

3. If you do not own the tank(s), explain:

Are you aware of any problems or repairs needed regarding any item in section 13? If "yes," explain:

14.AIR CONDITIONING SYSTEM

Yes No Unk N/A

(A) Type(s). Is the air conditioning (check all that apply):

1.Central air

2.Wall units

3.Window units

4.Other

5.None

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2961

2972

2983

300C

301P

3051

3062

307B

308C

309P

Yes No Unk N/A

(B) Status

1.When was the central air conditioning system installed?

2.When was the central air conditioning system last serviced?

3.How many air conditioning zones are in the property?

(C)List any areas of the house that are not air conditioned:

Are you aware of any problems with any item in section 14? If "yes," explain:

 

 

15.

ELECTRICAL SYSTEM

Yes

No

Unk N/A

(A) Type(s)

 

 

 

1.

Does the electrical system have fuses?

 

 

 

2.

Does the electrical system have circuit breakers?

 

 

 

(B) What is the system amperage?

 

 

 

(C) Are you aware of any knob and tube wiring in the home?

 

 

Are you aware of any problems or repairs needed in the electrical system? If "yes," explain:

16.OTHER EQUIPMENT AND APPLIANCES

This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will determine which items, if any, are included in the purchase of the Property.

316

317

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325

326

327

328

329

330

331

332

333

334

335

336

337P

3431

3452

3473

Yes No Unk N/A

Yes No Unk N/A

Item

Yes

No

 

Item

Yes

No

 

 

 

 

 

 

 

Electric garage door opener

 

 

 

Trash compactor

 

 

Garage transmitters

 

 

 

Garbage disposal

 

 

Keyless entry

 

 

 

Stand-alone freezer

 

 

Smoke detectors

 

 

 

Washer

 

 

Carbon monoxide detectors

 

 

 

Dryer

 

 

Security alarm system

 

 

 

Intercom

 

 

Interior fire sprinklers

 

 

 

Ceiling fans

 

 

In-ground lawn sprinklers

 

 

 

A/C window units

 

 

Sprinkler automatic timer

 

 

 

Awnings

 

 

Swimming pool

 

 

 

Attic fan(s)

 

 

Hot tub/spa

 

 

 

Satellite dish

 

 

Deck(s)

 

 

 

Storage shed

 

 

Pool/spa heater

 

 

 

Electric animal fence

 

 

Pool/spa cover

 

 

 

Other:

 

 

Whirlpool/tub

 

 

 

1.

 

 

Pool/spa accessories

 

 

 

2.

 

 

Refrigerator(s)

 

 

 

3.

 

 

Range/oven

 

 

 

4.

 

 

Microwave oven

 

 

 

5.

 

 

Dishwasher

 

 

 

6.

 

 

Are you aware of any problems or repairs needed regarding any item in section 16? If "yes," explain:

17.LAND/SOILS

(A)Property

1.Are you aware of any fill or expansive soil on the property?

2.Are you aware of any sliding, settling, earth movement, upheaval, subsidence, sinkholes or earth stability problems that have occurred on or affect the property?

3.Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you received written notice of sewage sludge being spread on an adjacent property?

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PROPERTY

350Yes No Unk N/A

351

4

 

 

 

 

 

 

4.

Are you aware of any existing, past or proposed mining, strip-mining, or any other excava-

352

 

 

 

 

 

 

 

tions that might affect this property?

 

 

 

 

 

 

 

353

 

 

 

 

 

 

 

 

Note

to Buyer: The property may be subject to mine

subsidence

damage.

Maps of

354

 

 

 

 

 

 

 

 

the counties and mines where mine subsidence damage

may

occur

and mine

subsi-

355

 

 

 

 

 

 

 

 

dence

insurance are available through: Department

of

Environmental

Protection,

356

 

 

 

 

 

 

 

 

Mine

Subsidence Insurance Fund, 25 Technology Drive,

California

Technology

Park,

357

 

 

 

 

 

 

 

 

Coal

Center, PA 15423 (800) 922-1678 (within Pennsylvania)

or

(724)

769-1100

358

 

 

 

 

 

 

 

 

(outside Pennsylvania).

 

 

 

 

 

 

 

359

 

 

 

 

 

 

(B)

Preferential Assessment and Development Rights

 

 

 

 

 

 

 

360

 

 

 

 

 

 

 

Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited

361

 

 

 

 

 

 

 

development rights under the:

 

 

 

 

 

 

 

362

1

 

 

 

 

 

 

1.

Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program)

363

2

 

 

 

 

 

 

2.

Open Space Act - 16 P.S. §11941 et seq

 

 

 

 

 

 

 

364

3

 

 

 

 

 

 

3.

Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights)

 

 

 

 

365

4

 

 

 

 

 

 

4.

Any other law/program:

 

 

 

 

 

 

 

 

 

366

 

 

 

 

 

 

 

Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort

367

 

 

 

 

 

 

 

to limit the circumstances under which agricultural operations may be subject to nuisance suits

368

 

 

 

 

 

 

 

or ordinances. Buyers are encouraged to investigate whether any agricultural operations cov-

369

 

 

 

 

 

 

 

ered by the Act operate in the vicinity of the property.

 

 

 

 

 

 

 

370

 

 

 

 

 

 

(C)

Property Rights

 

 

 

 

 

 

 

371

 

 

 

 

 

 

 

Are you aware of the transfer, sale and/or lease of any of the following property rights (by you

372

 

 

 

 

 

 

 

or a previous owner of the property):

 

 

 

 

 

 

 

373

1

 

 

 

 

 

 

1.

Timber

 

 

 

 

 

 

 

374

2

 

 

 

 

 

 

2.

Coal

 

 

 

 

 

 

 

 

 

 

375

3

 

 

 

 

 

 

3.

Oil

 

 

 

 

 

 

 

 

 

 

376

4

 

 

 

 

 

 

4.

Natural gas

 

 

 

 

 

 

 

377

5

 

 

 

 

 

 

5.

Other minerals or rights (such as farming rights, hunting rights, quarrying rights) Explain:

 

378

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

379

 

 

 

 

 

 

 

Note to Buyer: Before entering into an agreement of sale, Buyer can investigate the status of

380

 

 

 

 

 

 

 

these rights by, among other means, engaging legal counsel, obtaining a title examination of

381

 

 

 

 

 

 

 

unlimited years and searching the official records in the county Office of the Recorder of Deeds,

382

 

 

 

 

 

 

 

and elsewhere. Buyer is also advised to investigate the terms of any existing leases, as Buyer

383

 

 

 

 

 

 

 

may be subject to terms of those leases.

 

 

 

 

 

 

 

384

 

 

 

 

 

Explain any "yes" answers in section 17:

 

 

 

 

 

 

 

385

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

386

 

 

 

 

 

18. FLOODING, DRAINAGE AND BOUNDARIES

 

 

 

 

 

 

 

387

 

Yes

No

Unk

N/A

 

(A) Flooding/Drainage

 

 

 

 

 

 

 

388

1

 

 

 

 

 

 

1.

Is any part of this property located in a wetlands area?

 

 

 

 

 

 

 

389

2

 

 

 

 

 

 

2.

Is any part of this property located in a a FEMA flood zone?

 

 

 

 

 

 

 

390

3

 

 

 

 

 

 

3.

Are you aware of any past or present drainage or flooding problems affecting the property?

 

391

4

 

 

 

 

 

 

4.

Are you aware of any drainage or flooding mitigation on the property?

 

 

 

 

 

 

392

 

 

 

 

 

Explain any "yes" answers in section 18(A), including dates and extent of flooding:

 

 

 

 

393

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

394Yes No Unk N/A

3961

4032

404 3

405

4064

(B)Boundaries

1.Are you aware of any encroachments, boundary line disputes, or easements affecting the property?

Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, the easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to determine the existence of easements and restrictions by examining the property and ordering an Abstract of Title or searching the records in the Office of the Recorder of Deeds for the county before entering into an agreement of sale.

2.Do you access the property from a private road or lane?

3.If "yes," do you have a recorded right of way or maintenance agreement?

4.Are you aware of any shared or common areas (driveways, bridges, docks, walls, etc.) or maintenance agreements?

Explain any "yes" answers in section 18(B):

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PROPERTY

411

412Yes No Unk N/A

4131

414

4152

4231

429 2

430

436Yes No Unk N/A

4371

4392

440

4411

4422

443E

444

4461

4482

4503

4524

460Yes No Unk N/A

4611

4632

4653

4664

467

4691

4722

19.HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES

(A)Mold and Indoor Air Quality (other than radon)

1.Are you aware of any tests for mold, fungi, or indoor air quality in the property?

2.Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like substances in the property?

Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. If mold contamination or indoor air quality is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Information on this issue is available from the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318.

(B)Radon

1.Are you aware of any tests for radon gas that have been performed in any buildings on the property? If "yes," list date, type, and results of all tests below:

First Test

Second Test

Date

Type of Test

Results (picocuries/liter)

Name of Testing Service

2.Are you aware of any radon removal system on the property?

If "yes," list date installed and type of system, and whether it is in working order below:

Date Installed

Type of System

Provider

Working?

 

 

 

 

 

 

 

 

(C)Lead Paint

If property was constructed, or if construction began, before 1978, you must disclose any knowledge of, and records and reports about, lead-based paint on the property.

1.Are you aware of any lead-based paint or lead-based paint hazards on the property?

2.Are you aware of any reports or records regarding lead-based paint or lead-based paint haz- ards on the property?

(D)Tanks

1.Are you aware of any existing or removed underground tanks? Size:

2.If "yes," have any tanks been removed during your ownership?

(E)Dumping. Are you aware of any dumping on the property?

(F)Other

1.Are you aware of any existing hazardous substances on the property (structure or soil) such as, but not limited to, asbestos or polychlorinated biphenyls (PCBs)?

2.Have you received written notice regarding the presence of an environmental hazard or bio- hazard on your property or any adjacent property?

3.Are you aware of testing on the property for any other hazardous substances or environ- mental concerns?

4.Are you aware of any other hazardous substances or environmental concerns that might

impact upon the property? Explain any "yes" answers in section 19:

20.MISCELLANEOUS

(A)Deeds, Restrictions and Title

1.Are you aware of any deed restrictions that apply to the property?

2.Are you aware of any historic preservation restriction or ordinance or archeological desig- nation associated with the property?

3.Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the property?

4.Are you aware of any insurance claims filed relating to the property?

(B)Financial

1.Are you aware of any public improvement, condominium or homeowner association assess- ments against the property that remain unpaid or of any violations of zoning, housing, build- ing, safety or fire ordinances or other use restriction ordinances that remain uncorrected?

2.Are you aware of any mortgage, judgment, encumbrance, lien, overdue payment on a sup- port obligation, or other debt against this property or Seller that cannot be satisfied by the proceeds of this sale?

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PROPERTY

475

 

Yes

No

Unk

N/A

(C) Legal

 

 

 

 

 

476

1

 

 

 

 

1.

Are you

aware of

any violations of federal, state, or local laws or regulations

relating

to

this

477

 

 

 

 

 

property?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

478

2

 

 

 

 

2.

Are you aware of any existing or threatened legal action affecting the property?

 

 

 

479

 

 

 

 

 

(D) Additional Material Defects

 

 

 

480

1

 

 

 

 

1.

Are you

aware of

any material defects to the property, dwelling, or fixtures

which

are

not

481

 

 

 

 

 

disclosed elsewhere on this form?

 

 

 

 

 

 

 

 

 

 

 

 

482

 

 

 

 

 

 

Note to Buyer: A material defect is a problem with a residential real property or any por-

483

 

 

 

 

 

 

tion of it that would have a significant adverse impact on the value of the property or that

484

 

 

 

 

 

 

involves an unreasonable risk to people on the property. The fact that a structural element,

485

 

 

 

 

 

 

system or subsystem is at or beyond the end of the normal useful life of such a structural

486

 

 

 

 

 

 

element, system or subsystem is not by itself a material defect.

 

 

 

487

 

 

 

 

 

2.

After completing this form, if Seller becomes aware of additional information about the

488

 

 

 

 

 

 

property, including through inspection reports from a buyer, the Seller must update

the

489

 

 

 

 

 

 

Seller’s

Property

Disclosure Statement and/or attach the inspection(s). These inspection

490

 

 

 

 

 

 

reports are for informational purposes only.

 

 

 

491Explain any "yes" answers in section 20:

492

493

494

495

49621. ATTACHMENTS

497(A) The following are part of this Disclosure if checked:

498 Seller’s Property Disclosure Statement Addendum (PAR Form SDA)

499

500

501

502The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the

503best of Seller’s knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of

504the property and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE

505INFORMATION CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any informa-

506tion supplied on this form which is rendered inaccurate by a change in the condition of the property following completion of

507this form.

508

SELLER

 

DATE

509

SELLER

 

DATE

510

SELLER

 

DATE

511INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW

512

EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK

513According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required

514to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate-

515rial defect(s) of the property.

516

 

 

DATE

 

 

 

 

 

 

 

517

 

RECEIPT AND ACKNOWLEDGEMENT BY BUYER

518The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a

519warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It

520is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property

521be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components.

522

BUYER

 

DATE

 

 

523

BUYER

 

DATE

 

 

524

BUYER

DATE

 

 

 

 

 

 

 

 

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Generally speaking, the Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residen- tial real estate transfer must make certain disclosures regarding the property to potential buyers in a form defined by the law. A resi- dential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made:

1.Transfers that are the result of a court order.

2.Transfers to a mortgage lender that result from a buyer’s default and subsequent foreclosure sales that result from default.

3.Transfers from a co-owner to one or more other co-owners.

4.Transfers made to a spouse or direct descendant.

5.Transfers between spouses that result from divorce, legal separation, or property settlement.

6.Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation.

7.Transfer of a property to be demolished or converted to non-residential use.

8.Transfer of unimproved real property.

9.Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust.

10.Transfers of new construction that has never been occupied when:

a.The buyer has received a one-year warranty covering the construction;

b.The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; and

c.A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.

In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller’s particular unit(s). Disclosures regarding common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of con- dominium and cooperative interests.

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Get Pa Disclosure PDF Form

Form Characteristics

Fact Name Fact Details
Disclosure Requirement The Seller’s Property Disclosure Statement (SPD) is a legal document in Pennsylvania requiring sellers to disclose known material defects in the property.
Governing Law This form is governed by the Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) of Pennsylvania.
Purpose The SPD goes beyond basic legal requirements to help sellers meet disclosure obligations, while aiding buyers in evaluating the property.
Material Defects A material defect is defined as any significant issue affecting property value or posing unreasonable risks to people. Sellers must disclose these defects.
Inspection Advice The SPD explicitly states that it is not a substitute for inspections or warranties; buyers are encouraged to seek their own assessments of property condition.

Guidelines on Utilizing Pa Disclosure

Completing the PA Disclosure Form is essential for sellers in Pennsylvania to disclose the condition and relevant aspects of the property being sold. Here are the steps required to properly fill out the form.

  1. Property Details: Enter the property address at the top of the form.
  2. Seller Information: Fill in the seller's name and contact information.
  3. Expertise Questions: Answer questions about the seller's expertise relating to contracting or real estate by checking "Yes," "No," "Unknown," or "N/A."
  4. Ownership and Occupancy: Provide information about when the property was last occupied and if the seller was the last occupant.
  5. Individual Completing the Form: Identify if the person filling out the form is the owner, executor, administrator, trustee, or someone holding power of attorney.
  6. Occupancy History: Note any pets that lived on the property and additional relevant details in the provided sections.
  7. Association Information: Indicate if the property is part of a condominium, homeowners association, or other community and provide details about associated fees.
  8. Roof Condition: Answer questions regarding the roof's installation, condition, and any past repairs or leaks.
  9. Basement and Crawl Space: Address issues related to moisture, sump systems, and repairs in basements or crawl spaces.
  10. Pest Issues: Disclose any known problems related to termites, wood-destroying insects, or pests.
  11. Structural Items: Provide information regarding any issues with structural components, including walls, foundations, sidewalks, or driveways.
  12. Water Supply and Sewage System: Fill in details about the water supply source, sewage system type, and any known issues with either system.
  13. Plumbing and Heating: Specify plumbing material types, issues with fixtures, and details about the heating system, including any problems.
  14. Air Conditioning: Note the type of air conditioning present, if any, and check for related issues.
  15. Signature: The seller must sign and date the form to validate the information provided.

What You Should Know About This Form

What is the purpose of the PA Disclosure form?

The PA Disclosure form, also known as the Seller's Property Disclosure Statement, is designed to promote transparency in real estate transactions. It requires sellers to provide detailed information about any known material defects in the property that might affect a buyer's decision. This law ensures that buyers have access to essential information, helping them make informed choices about their potential purchase. The form encourages sellers to disclose more than just the legal minimum, fostering trust and understanding between both parties.

Who is required to fill out the PA Disclosure form?

Nearly all sellers of residential real estate in Pennsylvania must complete the PA Disclosure form, regardless of whether they occupy the property. This obligation remains even for individuals who have never lived in the home. There are exceptions for specific sellers, such as those involved in foreclosures or property transfers between family members. If you’re unsure about whether you are required to fill out the form, it’s advisable to consult legal guidance or a qualified real estate professional.

What qualifies as a material defect according to the form?

A material defect refers to any issue that significantly impacts the property's value or poses a risk to people's safety. For example, problems with the structural integrity of walls or systems like plumbing can be considered material defects. It’s critical for sellers to exercise due diligence; simply being unaware of an issue does not exempt them from disclosing known defects. The goal is to provide potential buyers with a clear understanding of any significant problems that may exist.

Can the information on the PA Disclosure form be a substitute for inspections?

No, the PA Disclosure form is not a substitute for property inspections. While it provides crucial information about the property's condition as known by the seller, it should be viewed as a supplementary tool. Buyers are encouraged to conduct their own inspections with qualified professionals to uncover any additional issues that may not have been disclosed. This proactive approach can help avoid surprises and ensure that buyers know exactly what they are purchasing.

What should I do if there is a question that does not apply to my property?

If you encounter a question on the PA Disclosure form that does not pertain to your property, you should check “N/A” (not applicable). This ensures that the completed form remains accurate and comprehensive while also indicating clearly to potential buyers that the question is irrelevant to the specific property in question. Transparency, even in areas where there is no relevant information, helps bolster trust throughout the buying process.

What should sellers do if they are unsure about answering a question on the form?

If sellers find themselves uncertain about how to answer a question, the best approach is to select “unknown” or “unk” on the form. It is always preferable to be conservative in disclosures. If a seller is unsure about the condition of a system or structure, this choice accurately reflects their knowledge while protecting them from potential liability for nondisclosure of issues they genuinely do not know about. Being transparent and admitting uncertainty can maintain trust with potential buyers.

Common mistakes

Completing the Pennsylvania Disclosure form correctly is crucial for a seller, but common mistakes can lead to misunderstandings between sellers and buyers. One mistake often observed is failing to disclose known issues. Sellers must provide information on all known defects that may not be visible to potential buyers. Many sellers think that as long as they are not aware of any issues, they are in the clear. However, a seller must disclose any significant problems they know of, even if they believe those issues do not affect the sale.

Another frequent error is inaccurate answers in the section about property conditions. Sellers might rush through the form and either select "No" when they should select "Yes" or miss critical details when describing repairs or maintenance. For example, failing to mention a repaired roof or previous pest infestations can result in legal repercussions and erode buyer trust. It's essential to be thorough and honest when answering these questions to avoid future disputes.

Many sellers also overlook the importance of addressing those sections that are not applicable. If a particular question on the form does not relate to the property in question, sellers are encouraged to check “N/A” rather than leaving it blank. By doing so, they can help eliminate any ambiguity for prospective buyers about what might have been omitted unintentionally. Failure to mark sections as “N/A” can create confusion and raise suspicions about potential undisclosed defects.

Finally, an urgent mistake involves not providing additional context when necessary. Some sections require brief explanations, especially when the answer is “Yes.” For instance, if sellers have experienced leaking in the basement, they should provide details about the extent of the issue and any mitigation steps taken. Omitting this information can lead to misunderstandings and mistrust later in the sale process. It is critical for sellers to offer comprehensive information to avoid complications that arise from ambiguity.

Documents used along the form

The Pennsylvania Seller's Property Disclosure Statement is an essential document intended to promote transparency between sellers and buyers in real estate transactions. Along with this form, several other important documents are often utilized to provide further clarity and legal assurances concerning the property being sold. Below is a list of commonly used forms that complement the PA Disclosure Form, along with brief descriptions for each.

  • Sales Agreement - This document outlines the terms of the sale, including the purchase price, contingencies, and deadlines. It serves as a legally binding contract between the buyer and seller to formalize the transaction.
  • Home Inspection Report - A comprehensive report which details the findings of a professional inspection of the property. This document helps buyers understand the current condition of the home, including any potential issues that may affect their decision to purchase.
  • Title Report - This report confirms the legal ownership of the property and identifies any liens, encumbrances, or claims against the title. A clear title is vital for ensuring that the buyer will receive full ownership rights upon closing.
  • Lead Paint Disclosure - For homes built before 1978, this form discloses any known presence of lead-based paint. Federal law requires sellers to provide this information to protect buyers from potential health risks associated with lead exposure.
  • Lead-Based Paint Disclosure - If the property was built before 1978, federal law requires sellers to provide buyers with information about lead-based paint hazards. This document ensures that potential buyers are aware of the risks associated with lead exposure.

Each of these documents plays a critical role in the real estate process, ensuring that both parties are informed and that the transaction proceeds smoothly. Familiarity with these forms can benefit both sellers and buyers as they navigate the complexities of property transactions.

Similar forms

  • Seller's Property Disclosure Statement (SPD): The Pennsylvania Disclosure Form shares similarities with the SPD, as both are designed to inform buyers about the condition of the property. Both require sellers to disclose known material defects that may not be readily observable.

  • Residential Purchase Agreement: This document outlines the terms of a real estate transaction, including price and contingencies. Like the PA Disclosure Form, it ensures that the buyer is fully informed about the property.

  • Lead-Based Paint Disclosure Form: Specifically for homes built before 1978, this form requires sellers to disclose any known lead-based paint hazards. Similar to the PA Disclosure Form, it aims to protect buyers by providing crucial property information.

  • Home Inspection Report: Conducted by a professional inspector, this report details the condition of the property. It serves a similar purpose as the PA Disclosure Form by alerting buyers to potential issues.

  • Community Association Disclosure Documents: These documents disclose important information about homeowners associations and community rules. Like the PA Disclosure Form, they aim to ensure buyers are aware of any liabilities and responsibilities associated with the property.

  • Property Condition Disclosure Statement: This document is often used in other states and includes similar elements as the PA Disclosure Form. It covers the condition of various property components, ensuring that sellers disclose known issues.

  • Mortgage Disclosure Statement: Issued by lenders, this statement provides key information regarding loan terms and costs. While focused on financing, it shares a common goal with the PA Disclosure Form in promoting transparency in real estate transactions.

Dos and Don'ts

When filling out the Pennsylvania Disclosure Form, there are several important guidelines to keep in mind. The following list outlines what you should and shouldn't do:

  • Do understand that you must disclose all known material defects about the property.
  • Do read each question carefully and respond truthfully to the best of your knowledge.
  • Do specify details for any "yes" answers; provide context where necessary.
  • Do check "N/A" for questions that do not apply to your specific situation.
  • Don't leave questions unanswered; every item must be addressed.
  • Don't exaggerate or minimize any issues; honesty is crucial in this process.
  • Don't treat the form as a warranty; it is not a substitute for proper inspections.
  • Don't neglect to seek clarification on terms or questions if you are uncertain.

Misconceptions

Misconceptions about the PA Disclosure form can lead to misunderstandings for both sellers and buyers. Below are seven common misconceptions, clarified for better understanding:

  • This form is a guarantee of property condition. The PA Disclosure form simply outlines the seller's knowledge of the property's condition as of the date signed. It's not a warranty or guarantee.
  • Only sellers who lived in the property must fill it out. All non-exempt sellers must complete the disclosure form, regardless of whether they occupied the property.
  • The disclosure form includes all possible defects. The law requires sellers to disclose known material defects, but they are not required to list every issue, especially those not readily observable.
  • Buyers can skip inspections if the form is filled out. The disclosure does not replace the need for a professional inspection. Buyers are encouraged to seek their own evaluations.
  • The seller is liable for undisclosed issues after the sale. While sellers must disclose known defects, they are not liable for problems that arise after the sale unless they failed to disclose a known defect.
  • Sellers can omit information they deem insignificant. Sellers must disclose any material defects that could impact the property's value or pose a risk to occupants, even if they believe the issues to be small.
  • The disclosure form guarantees accurate information. The form is based on the seller's knowledge; inaccuracies or omissions may occur. Buyers should verify all claims independently.

Understanding these misconceptions can help both buyers and sellers navigate the property transaction process more effectively.

Key takeaways

When completing the Pennsylvania Seller's Property Disclosure Statement (SPD), it is important to adhere to certain guidelines to ensure correct and comprehensive information is provided. Here are some key takeaways regarding the use of this form:

  • Disclosure of Material Defects: Sellers are legally required to disclose all known material defects that are not easily observed. This includes any significant issues that could impact property value or safety.
  • Beyond Basic Requirements: While the law mandates certain disclosures, the SPD encourages sellers to provide additional relevant details to foster transparency and assist buyers in their evaluation process.
  • Knowledge of Property Condition: The statement reflects the seller’s knowledge about the property's condition at the date it is signed. It does not replace the need for thorough inspections by potential buyers.
  • Obligation for Non-Exempt Sellers: All non-exempt sellers, regardless of whether they currently occupy the property, must complete the disclosure form. Exemptions may apply to certain scenarios.
  • Clarifying Unknowns: Sellers should check "unknown" for any questions they cannot confidently answer. This helps ensure clarity rather than speculation.
  • Responsibility for Additional Inspections: Buyers should be proactive in addressing any concerns. The SPD is not a substitute for professional inspections, which can uncover issues not documented or known by the seller.
  • Explanation of Yes Answers: For questions answered "yes," there is a designated section for sellers to provide explanations. This additional context can be vital for buyers making informed decisions.

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