What obligations does a Seller have regarding pre-sale disclosures?

A seller of residential real estate is required under Pennsylvania law (the Real Estate Seller Disclosure Law codified at 68 Pa. C.S. §§ 7301-7314) to provide a prospective buyer with a signed and dated copy of a form setting forth all “material defects” known to the seller, prior to entering into the agreement to sell the property. A “material defect” is one that would have “a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property.” There is no duty on the part of the seller to perform any independent inspections before placing his or her home on the market. However, the duty to notify the buyer of any material defects continues until the closing occurs and the seller no longer owns the property. That means if a seller learns of a material defect after the sales agreement is signed, the seller must inform the buyer of the material defect in writing through an update to the Seller's Disclosure Form. There are also special obligations for a seller to disclose if he or she has any “expertise” in areas such as general contracting, carpentry, roofing, HVAC repair, etc.

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