When someone is selling a home in Pennsylvania, the law requires them to provide the buyers with a detailed overview of the property’s condition. This is done through a Seller’s Property Disclosure Statement, which helps ensure transparency and protects both parties during the sale.
Non-disclosure of defects can cause a lot of expense and stress for buyers, and there are potential legal repercussions for sellers. Here are some important points to remember about these disclosures.
What must be disclosed?
Sellers must report any known material defects. These include:
- Structural problems, such as roof leaks, foundation cracks or water damage
- Issues with plumbing, heating, electrical or air conditioning systems
- Known pest infestations, including termites or other wood-damaging insects
- Environmental hazards like lead-based paint (especially in homes built before 1978), radon, asbestos or mold
- Problems with appliances included in the sale
- Any legal disputes regarding the property, such as boundary disputes, easements or zoning issues
Sellers are only required to disclose what they know or should reasonably be expected to know. However, lying or leaving out important details can lead to legal disputes. If a buyer finds out that the seller misrepresented the condition of the home, the seller may be held responsible for repair costs or other damages.
Some sales are exempt from disclosure requirements. These include transfers between family members, foreclosure sales or transfers under a court order.
Providing an honest and complete disclosure helps avoid delays and disputes during the selling process and ensures a smooth closing. If you have bought a home with undisclosed defects, it’s smart to get legal guidance.
