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Fill in Your Pa Disclosure Template

The PA Disclosure form, also known as the Seller's Property Disclosure Statement (SPD), is a document that sellers in Pennsylvania must complete to inform potential buyers about the condition of a property. This form is crucial because it requires sellers to disclose any known material defects that may not be easily observable. By providing this information, the form helps buyers make informed decisions while also ensuring that sellers fulfill their legal obligations under the Real Estate Seller Disclosure Law.

Table of Contents

The Seller's Property Disclosure Statement (SPD) is an important document for anyone involved in real estate transactions in Pennsylvania. This form, which is recommended by the Pennsylvania Association of REALTORS®, ensures that sellers disclose known material defects about the property to potential buyers. Under the Real Estate Seller Disclosure Law, sellers must reveal issues that are not easily observable. While the law sets a minimum standard for disclosures, the SPD encourages sellers to provide more detailed information to help buyers make informed decisions. It covers various aspects of the property, including its condition, ownership history, and any known issues with systems like plumbing, heating, and sewage. Sellers must complete the form even if they have never occupied the property, ensuring that all relevant information is shared. Importantly, the SPD is not a substitute for inspections; buyers are encouraged to conduct their own assessments. By filling out this form, sellers can demonstrate transparency and foster trust with potential buyers.

Sample - Pa Disclosure Form

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.

23A

24B

25C

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39C

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48B

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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:

52 Seller's Initials

Date

SPD Page 1 of 9

Buyer's Initials

Date

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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54	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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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:

100A

102B

104C

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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.

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Addition, structural	Approximate date	Were permits	Final inspections/
change, or alteration	of work	obtained?	approvals obtained?
		(Yes/No/Unknown)	(Yes/No/Unknown)

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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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169Yes No Unk N/A

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1722

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178Yes No Unk N/A

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1936

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1958

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1971

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2004

2015

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213 1

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2152

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220Yes No Unk N/A

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2255

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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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PROPERTY

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284P

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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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PROPERTY

295

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.

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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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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	4								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

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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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412Yes No Unk N/A

4131

414

4152

4231

429 2

430

436Yes No Unk N/A

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4392

440

4411

4422

443E

444

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4503

4524

460Yes No Unk N/A

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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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↓ Pa Disclosure PDF

File Specs

Fact Name	Details
Governing Law	The Seller's Property Disclosure Statement is governed by the Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) in Pennsylvania.
Disclosure Requirement	Sellers must disclose all known material defects that are not readily observable to potential buyers.
Form Purpose	This form aims to assist sellers in meeting disclosure requirements and helps buyers evaluate the property.
Exempt Sellers	Some sellers are exempt from completing this form. A list of exemptions is available in the accompanying documentation.
Material Defect Definition	A material defect is defined as a problem that significantly impacts property value or poses unreasonable risks to people.
Seller's Knowledge	The statement reflects the seller's knowledge of the property's condition as of the date signed.
Inspection Advisory	This statement is not a substitute for any inspections or warranties that buyers may wish to obtain.
Occupancy Disclosure	Sellers must complete the form even if they have never occupied the property.
Disclosure Beyond Requirements	The statement includes disclosures that exceed the basic requirements set by law to provide more comprehensive information to buyers.

Pa Disclosure - Usage Guidelines

Completing the Pennsylvania Disclosure Form is an important step in the property selling process. This form helps ensure that potential buyers are informed about the condition of the property. By providing accurate information, sellers can facilitate a smoother transaction and build trust with buyers. Below are the steps to effectively fill out the form.

Read the Instructions: Begin by carefully reviewing the instructions provided with the form to understand what information is required.
Property Information: Fill in the property address and any other identifying details at the top of the form.
Seller Information: Provide your name and contact details. Ensure that all information is current and accurate.
Expertise Check: Answer the questions regarding your expertise in contracting or related fields. Check "yes," "no," "unknown," or "not applicable" as appropriate.
Ownership and Occupancy: Indicate the most recent occupancy details, including when you last lived in the property and any pets that have lived there.
Community Associations: If applicable, specify if the property is part of a condominium, homeowners association, or similar community. Include any associated fees.
Roof Information: Provide details about the roof, including installation date and any repairs or leaks.
Basement and Crawl Space: Answer questions about sump pumps, water infiltration, and any related issues.
Termites and Pests: Disclose any knowledge of pest issues or treatments.
Structural Items: Report any known problems with the foundation, walls, or other structural components.
Additions and Alterations: List any changes made to the property during your ownership, including dates and whether permits were obtained.
Water Supply: Indicate the source of your drinking water and any issues that may have occurred.
Sewage System: Provide details about the sewage system serving the property, including any known issues.
Plumbing System: List the materials used in the plumbing and any problems with fixtures.
Heating System: Describe the heating source and any known issues or repairs needed.
Air Conditioning: Indicate the type of air conditioning system, if any, and note any issues.
Final Review: Go through the completed form to ensure all sections are filled out accurately and completely.
Sign and Date: Sign and date the form at the designated area to validate your disclosures.

Your Questions, Answered

What is the purpose of the PA Disclosure form?

The PA Disclosure form, also known as the Seller's Property Disclosure Statement (SPD), is designed to inform potential buyers about the condition of a property. Sellers are required to disclose known material defects that are not easily observable. This helps buyers make informed decisions and encourages transparency in real estate transactions. The form goes beyond the basic requirements set by law, providing a comprehensive overview of the property's condition.

Who is required to fill out the PA Disclosure form?

Any non-exempt seller must complete the PA Disclosure form, regardless of whether they currently occupy the property or have ever lived there. This includes individuals who may have inherited the property or are selling it as part of an estate. Exempt sellers are typically defined in the Real Estate Seller Disclosure Law, and a list of these exemptions can be found in the accompanying information provided with the form.

What constitutes a material defect?

A material defect is defined as a significant problem with the property that could adversely affect its value or pose a risk to the safety of individuals on the property. For example, issues with the roof, plumbing, or structural integrity may be considered material defects. It's important to note that just because a component is at the end of its useful life, it doesn't automatically qualify as a material defect unless it presents a risk or significant impact on value.

Can the PA Disclosure form replace a home inspection?

No, the PA Disclosure form is not a substitute for a home inspection. While it provides valuable information about the property's condition, buyers are encouraged to conduct their own inspections to uncover any additional issues that may not be disclosed. The form serves as a starting point for discussions and evaluations but does not provide warranties or guarantees about the property's condition.

What should a buyer do if they have concerns not addressed in the form?

If a buyer has concerns about the property's condition that are not addressed in the PA Disclosure form, they should communicate these concerns to the seller or their agent. Buyers are encouraged to ask questions and seek clarifications. Additionally, obtaining a professional inspection can help identify potential issues that the seller may not be aware of or may not have disclosed.

What happens if a seller fails to disclose a material defect?

If a seller fails to disclose a known material defect, they may be held liable for any resulting damages. The law mandates that sellers disclose all known issues, and failure to do so could lead to legal repercussions. Buyers who discover undisclosed defects after the sale may have grounds to pursue a claim against the seller, emphasizing the importance of honesty and transparency in the disclosure process.

Common mistakes

Inaccurate Information: Providing incorrect details about the property can lead to legal issues. Sellers must ensure that all information is accurate and reflects the current condition of the property.
Failure to Disclose Material Defects: Sellers are required to disclose all known material defects that are not readily observable. Neglecting to mention these issues can have serious consequences.
Not Checking All Relevant Boxes: Each question on the form must be answered. Sellers should not leave any questions blank. Checking "N/A" or "unknown" when appropriate is crucial.
Inadequate Explanations: If a seller answers "yes" to any question, they must provide a detailed explanation. Vague responses can lead to misunderstandings and potential disputes.
Ignoring the Role of the Individual Completing the Form: It is essential to clarify who is completing the form. If someone other than the owner is filling it out, their relationship to the property must be disclosed.
Not Updating the Form: If any changes occur after the form is filled out, such as new issues arising with the property, sellers must update the disclosure accordingly.
Neglecting to Consult Professional Help: Sellers may benefit from seeking advice from real estate professionals or legal experts to ensure compliance with all disclosure requirements.

Documents used along the form

The Pennsylvania Disclosure Form is an essential document for real estate transactions, ensuring that sellers disclose any known material defects about the property. Alongside this form, several other documents are commonly utilized to provide a comprehensive view of the property and its conditions. Here are four important forms that often accompany the Pennsylvania Disclosure Form:

Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers about the potential presence of lead-based paint and its hazards. Sellers must disclose any known lead hazards and provide buyers with a pamphlet on lead safety.
Home Inspection Report: This document is generated by a professional inspector who evaluates the property's condition. It details findings on various systems and structures, helping buyers make informed decisions based on the property's state.
Real Estate Purchase Agreement: This contract outlines the terms of the sale between the buyer and seller, including the purchase price, contingencies, and closing details. It serves as the legal basis for the transaction.
Title Report: A title report confirms the ownership of the property and reveals any liens, encumbrances, or claims against it. This document is crucial for ensuring that the buyer receives clear title to the property.

These documents work together to create transparency in real estate transactions, protecting both buyers and sellers. Understanding each of these forms can help facilitate a smoother transaction process.

Similar forms

The Seller's Property Disclosure Statement (SPD) in Pennsylvania shares similarities with the Residential Property Disclosure Form commonly used in many states. Both documents serve as a means for sellers to inform potential buyers about the condition of the property. They require sellers to disclose known issues that could affect the buyer's decision. This transparency aims to protect buyers from unforeseen problems and helps sellers avoid future legal disputes by ensuring they have provided all necessary information about the property.

Another comparable document is the Seller's Disclosure Notice, often used in real estate transactions. Like the SPD, this notice requires sellers to provide details about the property's condition, including any defects or issues that could impact its value. The purpose of both documents is to promote honesty in the transaction process, allowing buyers to make informed decisions based on the seller's disclosures.

The Home Inspection Report also bears resemblance to the SPD. While the SPD is completed by the seller, the Home Inspection Report is typically prepared by a professional inspector who evaluates the property for any hidden issues. Both documents aim to inform the buyer about the property's condition, but the Home Inspection Report provides a more detailed analysis of the physical state of the home, including structural, electrical, and plumbing systems.

The Lead-Based Paint Disclosure is another important document that shares a similar function with the SPD. This disclosure is required for homes built before 1978 and mandates that sellers inform buyers about the potential presence of lead-based paint. Like the SPD, it emphasizes the seller's responsibility to disclose known hazards, ensuring that buyers are aware of any health risks associated with the property.

The Property Condition Disclosure Statement is also akin to the SPD. This document is often required in various states and serves to inform potential buyers about the overall condition of the property. It includes questions related to the property's systems and structures, similar to the SPD, thus fostering transparency and trust between the seller and the buyer.

Lastly, the Real Estate Purchase Agreement often includes a section for disclosures that aligns with the purpose of the SPD. While this agreement outlines the terms of the sale, it typically requires the seller to disclose any known defects or issues with the property. Both documents aim to ensure that buyers are fully informed before finalizing their purchase, promoting a smoother transaction process.

Dos and Don'ts

When filling out the Pennsylvania Disclosure Form, there are important guidelines to follow. Adhering to these can help ensure clarity and compliance with the law. Below is a list of things to do and avoid:

Do provide accurate information. Ensure all details about the property are truthful and complete.
Do disclose known defects. If you are aware of any material defects, they must be reported.
Do check all applicable boxes. Make sure to answer each question, selecting yes, no, unknown, or not applicable as appropriate.
Do keep a copy of the completed form. Retain a copy for your records after submission.
Do seek assistance if needed. If you are unsure about any part of the form, consider consulting a real estate professional.

Don't omit information. Failing to disclose relevant details can lead to legal issues down the line.
Don't guess on unknowns. If you are unsure about a question, select "unknown" rather than making assumptions.
Don't provide misleading information. Avoid exaggerating or downplaying issues related to the property.
Don't forget to sign and date the form. Ensure that your signature is included, as it validates the information provided.
Don't ignore the importance of the form. Recognize that this disclosure is a legal requirement and plays a crucial role in the sale process.

Misconceptions

Understanding the Seller's Property Disclosure Statement (SPD) in Pennsylvania is crucial for both buyers and sellers. However, several misconceptions can lead to confusion. Here are six common misconceptions about the PA Disclosure form, along with clarifications for each.

Misconception 1: Sellers can withhold information about property defects.

This is not true. Pennsylvania law requires sellers to disclose all known material defects that are not readily observable. Failing to disclose such defects can lead to legal consequences.

Misconception 2: The disclosure form guarantees the condition of the property.

The SPD is not a warranty. It reflects the seller's knowledge of the property's condition at the time of signing. Buyers should still conduct their own inspections to assess the property's condition thoroughly.

Misconception 3: Only homeowners need to fill out the disclosure form.

Even if a seller has never occupied the property, they are still required to complete the disclosure form. This obligation applies to all non-exempt sellers.

Misconception 4: All defects must be disclosed, regardless of their significance.

Sellers are only required to disclose material defects. A material defect is one that significantly affects the property's value or poses an unreasonable risk to people on the property.

Misconception 5: The disclosure form is optional.

The form is mandatory for non-exempt sellers. Not completing the form can lead to complications during the sale process and may expose the seller to liability.

Misconception 6: Buyers cannot ask questions about the property after receiving the disclosure form.

Buyers are encouraged to ask questions and address any concerns regarding the property's condition, even if those issues are not covered in the disclosure form. Open communication can help clarify any uncertainties.

Key takeaways

Understanding Disclosure Requirements: Sellers must disclose all known material defects that are not easily observable by buyers.
Beyond Basic Requirements: The Seller's Property Disclosure Statement (SPD) includes disclosures that go beyond the minimum legal requirements to help sellers comply and assist buyers in evaluating the property.
Importance of Accuracy: Sellers are encouraged to provide accurate information about the property's condition as of the date they sign the form.
Not a Substitute for Inspections: This statement is not a warranty and does not replace the need for buyers to conduct their own inspections or obtain warranties.
Obligation to Disclose: Sellers must complete the form even if they have never occupied the property, unless they qualify as exempt sellers.
Material Defects Defined: A material defect is any significant problem that could negatively affect the property's value or pose a risk to individuals on the property.
Filling Out the Form: Sellers should check "yes," "no," "unknown," or "not applicable" for each question to provide clear information.
Encouragement for Buyer Questions: Buyers are encouraged to ask about any concerns regarding the property's condition that may not be covered in the statement.
Legal Resources: Sellers can find the basic disclosure form and additional resources on the Pennsylvania State Real Estate Commission's website.