What must sellers disclose when selling a home in Pennsylvania?

Pennsylvania sellers are required under the Real Estate Seller Disclosure Law (RESDL, Act 72 of 2000) to complete a Seller's Property Disclosure Statement (SPD) and deliver it to the buyer before the Agreement of Sale is signed. The form covers 100+ items, including structure, roof, electrical, plumbing, HVAC, water/sewage systems, environmental hazards (radon, lead paint, mold, asbestos), and any known history of water intrusion—even if it happened once and was repaired. Sellers must disclose what they actually know; they are not required to investigate beyond that. If a seller knowingly fails to disclose a material defect, the buyer has up to two years after closing to file a claim, and Pennsylvania courts can award up to three times the actual damages.

By Mike Pastor - Realtor & Team Lead of The Mike Pastor Group at Realty One Group Landmark 

If you’re getting ready to list your Pittsburgh home, you’ll fill out a document before anything else goes to the buyer: the Pennsylvania Seller's Property Disclosure Statement.

Most sellers know it exists. Far fewer know what’s actually on it—or what can happen if they answer it wrong.

This isn’t paperwork for paperwork’s sake. The SPD is a legal document. Get it wrong, and a buyer can sue you for years after closing. Get it right, and it becomes your protection against future claims.

Here’s what Pittsburgh sellers need to know.

What the PA Seller's Property Disclosure Statement Actually Covers

The SPD is required under Pennsylvania’s Real Estate Seller Disclosure Law (RESDL, Act 72 of 2000). It’s a standardized form maintained by the Pennsylvania Association of Realtors, and it contains more than 100 separate representations about the property you’re selling.

Major categories include:

  • Structural condition — foundation, walls, floors, ceilings, and any known issues
  • Roof — age, condition, known leaks, and any repairs made
  • Electrical systems — panel type, known deficiencies, age of wiring
  • Plumbing — water supply type (public, well, or community), sewage system type, any known leaks or backups
  • HVAC — heating and cooling systems, age, condition, and fuel type
  • Water and sewage specifics — if on a private well, results of the most recent water test; if on private septic, when it was installed and its condition
  • Environmental hazards — radon test results, lead-based paint, asbestos, mold
  • Water intrusion — any history of water in the basement, crawlspace, or any part of the structure

The form must be completed to the best of your knowledge. You’re not required to hire an inspector or investigate beyond what you actually know. But here’s the part that trips sellers up: “I didn’t know” is harder to claim than it sounds.

If a defect is something a reasonable homeowner living in the property should have noticed, Pennsylvania courts have held that the seller should have known—and therefore should have disclosed it.

The Most Commonly Missed Items

In my experience, sellers most often struggle with three categories on the SPD.

Water intrusion history. Even if it happened once, years ago, and you had it fixed—you must disclose it. Pennsylvania case law is clear on this. Painting over water stains, covering a damp corner with storage, or having a sump pump installed without mentioning why: none of these protect you. They can actually become evidence of intentional concealment. If you’ve had any water in the basement or crawlspace—ever—note it on the disclosure and describe what was done to address it.

Pittsburgh’s geography makes this one especially relevant here. Hillsides, river valleys, and older housing stock mean water intrusion is one of the most frequently cited issues in local home inspections—and one of the most common sources of post-closing disputes.

Septic and well systems. If your home is on private water or private sewer, the SPD asks specifically about the type of system, when it was installed or last serviced, and any known issues. Sellers who’ve lived with a well and septic for decades are often surprised by how detailed this section is.

Systems they don’t fully understand. If you inherited the property, bought it at auction, or have owned it a long time without much active maintenance, certain systems may feel like unknowns. The SPD does allow “Unknown” as a response—but sellers cannot use it as a blanket escape hatch. Courts have taken a dim view of sellers who mark “Unknown” on things they should reasonably have been aware of as the property’s occupant or owner.

Who Has to Complete It: Landlords and Property Flippers Too

One thing that surprises a lot of people: there is no exception for investment properties or rentals.

If you own a rental home in Pittsburgh and you’re selling it, you must complete the SPD even if you’ve never personally lived there. Your maintenance history, tenant complaints, repair records, and inspection notes all count as knowledge.

Property flippers face the same requirement. If you renovated a home, you likely discovered a lot about its condition. That knowledge is what the form is designed to capture.

The exceptions under Pennsylvania law are narrow: transfers between certain immediate family members, some estate sales, court-ordered transfers, and new construction that was never previously occupied. For most Pittsburgh sellers listing on the open market, the SPD is required.

Timing: When the Disclosure Must Be Delivered

The SPD must be delivered to the buyer before they sign the Agreement of Sale.

This is a timing detail sellers sometimes misunderstand. The disclosure isn’t something you complete after you accept an offer. It goes to the buyer as part of the deal package, and they must review it before they sign.

There’s another timing obligation sellers overlook: if something changes between when you fill out the form and when you close—say, the basement takes on water during the buyer’s contingency period—you are legally required to update the buyer in writing.

What Happens If You Miss Something

Pennsylvania’s RESDL gives buyers real enforcement power. A buyer who discovers a concealed material defect after closing can:

  • Sue for repair costs and related losses
  • Seek up to three times the actual amount of damages
  • File claims up to two years after the settlement date

That two-year window matters. Buyers often discover problems during their first winter (water intrusion, heating failures), first summer (HVAC failures, drainage issues), or when they go to sell and a new inspector finds conditions that should have been disclosed.

The standard is that sellers must disclose defects they actually know about or have reason to know about. Active concealment—painting over stains, patching without disclosing, or repeatedly marking “Unknown” for things you repaired—creates serious exposure.

The best rule is simple: If you’re unsure whether something belongs on the form, put it on the form.

As-Is Listings Still Require the SPD

If you’re considering listing your Pittsburgh home as-is, the disclosure requirement doesn’t go away.

“As-is” tells buyers you won’t negotiate repairs after inspection. It does not remove their right to know what they’re buying.

Buyers can still inspect during the contingency period even in an as-is deal. Sellers who are transparent and price accordingly tend to have fewer failed contracts than sellers who price aggressively and hope inspection doesn’t surface problems.

Pittsburgh-Specific Notes

Lead paint in older Pittsburgh homes. Many city and inner-ring suburb homes are pre-1978. Federal law requires a separate Lead-Based Paint Disclosure and an EPA pamphlet—this is in addition to the SPD.

Radon test results belong on the disclosure. If you’ve ever tested, the results go on the SPD—whether elevated or not, and whether mitigated or not.

Submarket variation doesn’t change disclosure requirements. Upper St. Clair, Squirrel Hill, Cranberry, Brighton Heights—the law applies the same. What changes is how buyers respond to disclosed issues, and your agent should help you frame that strategy.

Frequently Asked Questions

Do I have to disclose problems that were already fixed?
Yes. Known defects and repairs must be disclosed, not just active problems. If you had water intrusion and installed a French drain, that history should appear on the SPD.

Can I sell my Pittsburgh home as-is and skip the disclosure?
No. As-is doesn’t waive the SPD requirement.

What happens if I mark “Unknown” on the disclosure form?
“Unknown” is valid only when you genuinely don’t know. Courts may view it as concealment if you reasonably should have known.

Do landlords have to complete the disclosure on a rental they never lived in?
Yes. Owners are expected to disclose knowledge based on records, tenant complaints, repairs, and inspections.

When does the seller disclosure have to be delivered to the buyer?
Before the buyer signs the Agreement of Sale. If conditions change after the form is completed, you must update the buyer in writing.

What to Do Before You List

Completing the SPD accurately is one of the most important steps in your sale.

Before you list, gather what you know: repair receipts, contractor invoices, inspection reports from when you bought the home, utility records, and any insurance claims tied to property damage. The clearer your history is, the easier it is to disclose accurately and protect yourself.

 

If you’re unsure how a disclosed condition could affect price or buyer reaction in your Pittsburgh submarket, that’s the conversation to have before you go live. Every property is different, and how you present known conditions can change how buyers interpret them.