Pennsylvania Real Estate Forms & Disclosure Guide

Transaction Type: [[Transaction Type, e.g., residential resale, new construction, condominium, foreclosure, probate, vacant land]]

Property Type: [[Property Type, e.g., single-family detached, townhouse, condominium, duplex, multi-unit, manufactured home]]

User Role: [[User Role, Seller / Buyer / Listing Agent (Seller's Agent) / Buyer's Agent / Dual Agent]]

This guide summarizes the principal disclosure obligations and forms under Pennsylvania law for residential real estate transactions. It is a reference only. Always use the current approved forms from the Pennsylvania State Real Estate Commission (SREC), Pennsylvania Association of Realtors (PAR), and comply with the Pennsylvania Real Estate Licensing and Registration Act (RELRA, 63 P.S. §455.1 et seq.) and the Real Estate Seller Disclosure Law (68 Pa.C.S. §7301 et seq.). This is not legal advice.

All user-supplied values use `[[Token Name]]` placeholders., -

1. Agency Relationship Disclosure, Consumer Notice (RELRA)

Under RELRA and SREC regulations, a real estate licensee must provide a written "Consumer Notice" (agency disclosure) at the first substantive contact with a consumer (buyer or seller).

Key requirements:

1. The notice must disclose whether the licensee represents the seller, the buyer, or both (dual agency).

2. It must be provided before the consumer signs any offer, listing agreement, or buyer representation agreement in most cases.

3. The consumer must sign an acknowledgment of receipt.

4. Dual agency requires informed written consent from both parties and may limit the agent's duties (no undivided loyalty to either side).

Failure to provide the Consumer Notice can result in disciplinary action by the SREC and potential liability.

Recommended Form: Use the current SREC-approved Consumer Notice form or equivalent PAR form. Provide it early and retain the signed copy.

Role-Specific Notes:

• Listing Agent (Seller's Agent): Must disclose representation of the seller at first contact with a buyer or buyer's agent.

• Buyer's Agent: Must disclose representation of the buyer at first contact with a seller or listing agent.

• Dual Agent: Must obtain written consent from both parties before proceeding; duties are limited to fair dealing and disclosure of material facts., -

2. Seller's Property Disclosure Statement (SPD), Mandatory

The Pennsylvania Real Estate Seller Disclosure Law (68 Pa.C.S. §7301 et seq.) requires most sellers of 1-4 unit residential real property to complete and deliver a signed Seller's Property Disclosure Statement (SPD) disclosing known material defects prior to the buyer signing an agreement of transfer.

Delivery Timing: Prior to the buyer signing the purchase agreement (68 Pa.C.S. §7305). Delivery methods include personal delivery or other means permitted by statute.

Buyer Rescission: Buyer generally has three (3) business days after receipt of the SPD to rescind the purchase agreement in writing (subject to the specific agreement of sale terms and exemptions).

Content of SPD: The approved form covers:

• Structural items (foundation, roof, walls)

• Plumbing, electrical, and HVAC systems

• Water and sewage (public or private)

• Environmental hazards (including radon, mold, asbestos, lead, underground tanks)

• Title, zoning, assessments, HOA/condo issues

• Known repairs, defects, or material facts

Exemptions (see 68 Pa.C.S. §7303): Certain transfers such as new construction (with warranties), foreclosure or tax sales, transfers by court order, transfers between co-owners or certain family members, and others. Even in exempt transactions, common-law duties and federal disclosures may still apply.

Sellers must disclose based on actual knowledge. "Unknown" is acceptable where the seller genuinely lacks knowledge. Sellers may not actively conceal defects., -

3. Lead-Based Paint Disclosure (Pre-1978 Housing)

Federal law (Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §4852d) applies to all housing built before 1978.

Requirements:

1. Seller must disclose known lead-based paint and/or lead-based paint hazards.

2. Provide the EPA pamphlet "Protect Your Family From Lead in Your Home".

3. Buyer must be given a 10-day (or mutually agreed) opportunity to conduct a risk assessment or inspection.

4. Must be included in or as an addendum to the purchase agreement; signatures required.

This is separate from but often attached with the SPD., -

4. Radon Disclosure and Guidance

Pennsylvania has significant radon risk in many counties. The Pennsylvania Department of Environmental Protection (DEP) provides guidance and encourages testing.

• While not always a statutory "form" requirement in every transaction, disclosure of known radon issues or test results is expected under the SPD and common-law duties.

• Many PAR forms and local practices require or recommend a radon addendum or test contingency.

• Buyers should be advised to test or require a test as part of due diligence.

• Sellers who have test results should disclose them., -

5. Mold and Moisture Disclosure

Mold is addressed in the SPD. Sellers must disclose known visible mold, water intrusion, or moisture problems that have not been fully remediated.

No separate statewide mold disclosure form is universally mandated like lead, but known mold is a material defect that must be disclosed on the SPD and in any marketing or conversations if asked., -

6. Zoning, Land Use, Permits, and Stormwater

Sellers and agents should disclose:

• Current zoning classification and permitted uses.

• Any known zoning violations or pending changes.

• Stormwater management fees or obligations (many Pennsylvania municipalities impose stormwater fees; disclosure is increasingly important).

• Any known unpermitted work or open permits.

• Flood zone status (FEMA maps) and any history of flooding.

• Conservation easements, agricultural security areas, or historic district restrictions.

These items are typically covered in the SPD or a supplemental local disclosure., -

7. Deed Transfer Tax and Recording Disclosures

Pennsylvania realty transfer tax is generally 2% total (state + local share), subject to local rates and exemptions. Allocation (split between buyer and seller) is negotiable but commonly 50/50 unless otherwise stated in the agreement.

The purchase agreement and closing documents should disclose:

• Responsibility for payment of transfer taxes.

• Any local surcharges or additional fees.

• Recording fees and who pays them.

At closing, parties execute the required Realty Transfer Tax Statement of Value or affidavit., -

8. Other Common Required or Recommended Disclosures

• Death on the property within recent years (may be material; check SPD and local practices).

• Sex offender registry (Megan's Law), agents often provide a link or notice that public information is available at the Pennsylvania State Police Megan's Law website.

• Shared utilities or metering arrangements.

• Any known nuisances, neighbor disputes, or special assessments.

• Private road or shared driveway maintenance agreements.

• Oil, gas, or mineral rights reservations (common in some Pennsylvania regions)., -

9. Role-Specific Duties

Seller's Agent (Listing Agent):
- Provide Consumer Notice at first substantive contact.
- Deliver SPD from seller to buyer in timely manner.
- Disclose known material defects (cannot conceal).
- Present all offers promptly.
- Advise seller on required disclosures and marketing claims.
- Maintain confidentiality of seller's information except as required by law or dual agency consent.

Buyer's Agent:
- Provide Consumer Notice at first substantive contact with seller side.
- Advise buyer on importance of inspections, title review, and SPD review.
- Disclose any known material facts learned during representation.
- Negotiate on buyer's behalf within scope of agency agreement.
- Protect buyer's confidential information.

Dual Agent:
- Must obtain written informed consent from both parties.
- Cannot provide undivided loyalty or advocate strongly for one side.
- Must disclose all material facts known to the agent about the property (with limited exceptions for confidential information).
- Facilitate the transaction fairly.

Unrepresented Parties (Customer Status):
Licensees may work with a customer (not client) and must still provide the Consumer Notice and treat the customer honestly and fairly, but do not owe fiduciary duties., -

10. Timing Summary Table

11. Exemptions and Special Transactions

Common exemptions from the SPD requirement (68 Pa.C.S. §7303) include:

1. Transfers of newly constructed residential property with applicable warranties.

2. Foreclosure sales, tax sales, or transfers by a lender after foreclosure.

3. Court-ordered transfers (divorce, bankruptcy, estate administration in some cases).

4. Transfers between co-owners, spouses, or certain family members.

5. Transfers of property acquired by inheritance or devise in some circumstances.

Even in exempt transactions, federal lead disclosure (if pre-1978), common-law disclosure duties, and any contractual requirements still apply. Agents should advise parties accordingly., -

12. Best Practices and Recommendations

1. Use the most current approved forms from SREC and PAR.

2. Provide the Consumer Notice early and document delivery with signatures.

3. Encourage (or require via contract) professional inspections regardless of SPD.

4. Disclose known material defects in writing, do not rely on oral statements alone.

5. For radon, mold, or environmental concerns, consider specific addenda or test contingencies.

6. Retain copies of all signed disclosures for at least the applicable statute of limitations period (generally two years for RESDL claims after settlement).

7. Agents should never complete the SPD for the seller; the seller must complete it based on the seller's knowledge.

8. Verify local ordinances (Philadelphia, Pittsburgh, and other municipalities may have additional rental or disclosure rules)., -

13. Quick Reference, Key Pennsylvania Authorities

• Real Estate Seller Disclosure Law: 68 Pa.C.S. §§7301, 7315

• Pennsylvania Real Estate Licensing and Registration Act (RELRA): 63 P.S. §§455.1 et seq.

• State Real Estate Commission regulations and approved forms

• Federal Lead-Based Paint rules: 42 U.S.C. §4852d and implementing regulations

• Pennsylvania Human Relations Act (anti-discrimination in housing)

• Local realty transfer tax ordinances and recording requirements, -

*Sample template for Pennsylvania, not legal advice. This guide summarizes common disclosure requirements under RELRA and the Real Estate Seller Disclosure Law. Required forms and deadlines can change. Always use current SREC/PAR approved forms, verify against primary statutes, and consult legal counsel or the State Real Estate Commission for specific transactions. References current as of 2026-06. Local rules and lender requirements may impose additional obligations.*