Pennsylvania Code
Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS
Part I - DEPARTMENT OF STATE
Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS
Chapter 35 - STATE REAL ESTATE COMMISSION
Subchapter E - STANDARDS OF CONDUCT AND PRACTICE
REAL ESTATE DOCUMENTS
Section 35.335a - Seller property disclosure statement
Current through Register Vol. 54, No. 44, November 2, 2024
The seller's property disclosure statement must, at a minimum, contain the following disclosures:
Seller's Property Disclosure Statement
Property address: ________________
Seller: ________________
A seller must disclose to a buyer all known material defects about property being sold that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure requirements and to assist the buyer in evaluating the property being considered.
This statement discloses the seller's knowledge of the condition of the property as of the date signed by the seller and is not a substitute for any inspections or warranties that the buyer may wish to obtain. This statement is not a warranty of any kind by the seller or a warranty or representation by any listing real estate broker, any selling real estate broker or their agents. The buyer is encouraged to address concerns about the condition of the property that may not be included in this statement. This statement does not relieve the seller of the obligation to disclose a material defect that may not be addressed on this form.
A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the residential real property or that involves an unreasonable risk to people on the land. The fact that a structural element, system or subsystem is near, at or beyond the end of its normal useful life is not by itself a material defect.
(1) Seller's expertise. The seller does not possess expertise in contracting, engineering, architecture or other areas related to the construction and condition of the property and its improvements, except as follows:________________
(2) Occupancy. Do you, the seller, currently occupy this property?________________ yes ________________ no If "no," when did you last occupy the property? ________________
(3) Roof.
Explain any "yes" answers that you give in this section:
________________________________________________________________________________
________________________________________________________________________________
(4) Basements and crawl spaces (Complete only if applicable).
________________
If "yes," describe the location, extent, date and name of the person who did the repair or control effort:
___________________________________________________________
____________________________________________________________
(5) Termites/wood destroying insects, dry rot, pests.
Explain any "yes" answers that you give in this section:
________________
________________
(6) Structural items.
Explain any "yes" answers that you give in this section:
________________
________________
When explaining efforts to control or repair, please describe the location and extent of the problem and the date and person by whom the work was done, if known:
________________
________________
(7) Additions/remodeling. Have you made any additions, structural changes or other alterations to the property?________________ yes ________________ no
If "yes," please describe: _______________________________
____________________________________________________
(8) Water and sewage.
If "other," please explain: ________________________
____________________________________________
When was your water last tested? ________________
What was the result of the test? ________________
Is the pumping system in working order? ________________ yes ________________ no
If "no," please explain: ________________
_____________________________________
If "yes," is the system: ________________ leased ________________ owned
If "other," please explain: ________________
If "yes," is it in working order? ________________ yes ________________ no
If "yes," please explain: ________________
If "yes," please explain: ________________
(9) Plumbing system.
If "other," please explain: ________________
If "yes," please explain: _________________________________
(10) Heating and air conditioning.
________________
If "other," please explain: ________________
________________
If "other," please explain: ________________
If "yes," please describe: ________________
Are you aware of any problems with any item in this section? ________________ yes ________________ no
If "yes," please explain: ________________
(11) Electrical system.Are you aware of any problems or repairs needed in the electrical system?________________ yes ________________ no
If "yes," please explain:___________________________
_________________________________
(12) Equipment and appliances.
The following items included in the sale are in need of repair or replacement:
________________
(13) Land (soils, drainage, boundaries and sinkholes).
NOTE TO BUYER: Some properties may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence damage may occur and mine subsidence insurance are available through the Department of Environmental Protection, Mine Subsidence Insurance Fund.
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 the 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.
Explain any "yes" answers that you give in this section:
________________
________________
(14) Hazardous substances.
Explain any "yes" answers that you give in this section:
________________
________________
________________
(15) Condominiums and other homeowners associations (complete only if applicable).
Type: ________________ condominium* ________________ cooperative ________________ homeowners association ________________ other
If "other," please explain: ________________
NOTICE REGARDING CONDOMINIUMS AND COOPERATIVES:
According to section 3407 of the Uniform Condominium Act (68 Pa.C.S. § 3407) (relating to resales of units) and 68 Pa.C.S. § 4409 (relating to resales of cooperative interests), a buyer of a resale unit in a condominium or cooperative must receive a certificate of resale issued by the association in the condominium or cooperative. The buyer will have the option of canceling the agreement with return of all deposit moneys until the certificate has been provided to the buyer and for 5 days thereafter or until conveyance, whichever occurs first.
(16) Storm water facilities.
Explain any "yes" answers that you give in this section:
________________
________________
________________
(17) Miscellaneous.
A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the residential real property or that involves an unreasonable risk to people on the land.
Explain any "yes" answers that you give in this section:
___________________________________________________
___________________________________________________
The undersigned seller represents that the information set forth in this disclosure statement is accurate and complete to the best of the seller's knowledge. The seller hereby authorizes any agent for the seller to provide this information to prospective buyers of the property and to other real estate agents. The seller alone is responsible for the accuracy of the information contained in this statement. The seller shall cause the buyer to be notified in writing of any information supplied on this form that is rendered inaccurate by a change in the condition of the property following the completion of this form.
SELLER_________ | DATE__________ |
SELLER_________ | DATE__________ |
SELLER _________ | DATE__________ |
EXECUTOR, ADMINISTRATOR, TRUSTEE
The undersigned has never occupied the property and lacks the personal knowledge necessary to complete this disclosure statement.
_______________________________________________
________________ DATE__________________________
RECEIPT AND ACKNOWLEDGMENT BY BUYER
The undersigned buyer acknowledges receipt of this disclosure statement. The buyer acknowledges that this statement is not a warranty and that, unless stated otherwise in the sales contract, the buyer is purchasing this property in its present condition. It is the buyer's responsibility to satisfy himself or herself as to the condition of the property. The buyer may request that the property be inspected, at the buyer's expense and by qualified professionals, to determine the condition of the structure or its components.
BUYER__________ | DATE_________ |
BUYER__________ | DATE_________ |
BUYER__________ | DATE_________ |