Pennsylvania law requires sellers to complete the Seller's Property Disclosure Statement (SPD) and provide it to buyers before the buyer signs the purchase agreement. The SPD covers the seller's known condition of all major property systems: roof, foundation, HVAC, plumbing, electrical, water and sewer (including well and septic), and the presence of hazardous materials such as radon, lead paint, mold, and asbestos. Sellers are required to disclose based on their actual knowledge. Knowingly omitting or misrepresenting a material defect can create legal liability that persists after closing.

The question we hear from sellers across North Central Pennsylvania is almost always phrased the same way: "Do I really have to disclose that?"

The honest answer is: if you know about it and it's material to the property, yes. And the risk of getting it wrong is not just losing a deal. It can mean a lawsuit years after you've moved on.

Here's exactly what the Pennsylvania Seller's Property Disclosure Statement covers and how to approach it correctly.

The SPD is a standardized form required by Pennsylvania law (the Real Estate Seller Disclosure Law, Act 49 of 1994). Sellers must complete it and deliver it to prospective buyers before the buyer signs the purchase agreement. [The buyer then has a right to terminate the agreement within a set period after receiving it.]

The SPD is based on the seller's actual knowledge. You are not required to hire a home inspector or conduct testing to answer it. But if you know something is wrong, or was wrong in the past, you are required to disclose it.

Pennsylvania's SPD is administered through the State Real Estate Commission and is used statewide, including across all 11 counties in our service area. As members of the Pennsylvania Association of Realtors, our agents have access to a form that covers more than the state-required minimum disclosure.

The form is organized into sections covering every major category of property condition. Here's what sellers must address:

Known defects, cracks, settlement, past repairs, or engineering work affecting the foundation, walls, ceilings, or floors. If there was ever a water intrusion event that caused structural damage, that goes here too.

Age, material, known leaks, past repairs, and current condition to the best of your knowledge. Sellers often ask if they need to disclose that the roof is old. The answer: if you know of a specific defect (active leak, flashing failure, storm damage), disclose it. Age alone is observable and not a hidden defect in the same way, but known leaks always must be disclosed.

This section requires disclosure of whether the property is connected to public water and sewer or uses a private well and/or septic system. For well and septic properties -- common in many of our 11 counties -- sellers must disclose known condition, service history, and any past failures.

Buyers purchasing rural properties in our area almost always request a water quality test and a septic inspection as part of their contingencies. Going into a sale with documented well and septic service history is a genuine advantage.

Known defects in heating, cooling, plumbing, or electrical systems. If the furnace has been acting up or the electrical panel has known issues, those must be disclosed. Deferred maintenance that you're aware of qualifies as a known condition.

This is the section that generates the most questions. Pennsylvania sellers must disclose known presence of:

Known flooding history, basement water intrusion, drainage problems, or location in a flood zone. If you've made an insurance claim related to water damage, that history is typically something buyers discover through other means, and non-disclosure creates risk.

Known zoning violations, pending legal actions, easements, encroachments, or HOA obligations. If there's an unpermitted addition, that is a disclosure item.

Radon deserves specific attention in this market. Pennsylvania ranks among the top states for radon prevalence, and the geology of North Central PA means radon is genuinely common, not theoretical.

If you have never tested for radon, you answer the SPD based on your knowledge (which is that you haven't tested). Many buyers will order a radon test during inspection regardless. If it comes back elevated and you've never disclosed prior testing, that's a manageable situation. If you did test, found high levels, and didn't disclose it, that's a much more serious problem.

Our guidance: if you haven't tested, consider doing so before listing. If levels are elevated, a mitigation system typically costs $800 to $1,500 and almost always brings the property into compliance. A mitigated property is easier to sell than one where buyers are waiting on radon results during their inspection period.

If a buyer discovers after closing that a seller knew about a material defect and failed to disclose it, they may pursue legal remedies. This can include claims for repair costs, diminished value, or rescission of the sale in extreme cases.

The SPD creates a paper trail. Buyers who suspect non-disclosure often look at seller documents, contractor records, and insurance histories during discovery. "I didn't know" is a valid defense when it's true. When it isn't, the SPD becomes evidence against you.

Sellers who work with experienced agents complete the SPD once, correctly, with guidance on what must be included and how to characterize past conditions accurately. Our team walks every seller through this form before it goes to any buyer.

The SPD is a legally required form that Pennsylvania home sellers must complete and provide to buyers before the buyer signs the purchase agreement. It documents the seller's known material defects and condition issues affecting the property. Failure to provide an accurate SPD can expose sellers to liability after closing, even years later.

Pennsylvania sellers must disclose known material defects across all major property systems: roof, foundation, water and sewer (including well and septic), HVAC, electrical, plumbing, hazardous materials (lead paint, radon, asbestos, mold, underground storage tanks), flooding history, zoning violations, and known legal encumbrances. You answer based on your actual knowledge -- you are not required to hire inspectors to complete it.

Yes. The SPD specifically asks about known radon levels. Pennsylvania has among the highest radon concentrations in the country, and many counties in North Central PA are in EPA Zone 1 (highest potential). If you've had radon tested and the results showed elevated levels, that must be disclosed. If you've never tested, you answer based on your knowledge.

If a buyer discovers after closing that a seller knowingly concealed or misrepresented a material defect, they may have legal recourse against the seller, even years later. Pennsylvania law does not protect sellers who lie or omit known material information. Non-disclosure of known defects is one of the most common sources of post-closing real estate litigation in PA.

Yes. If your property has a private well or septic system, the SPD requires you to disclose the condition of those systems to the best of your knowledge, including known defects, past failures, or service history. In rural communities across our 11-county area, well and septic are common, and buyers often request water quality tests and septic inspections as a condition of the sale.

Don't Complete the SPD Alone

The Seller's Property Disclosure is a legal document, and the answers you put on it follow you past closing. Our team at Berkshire Hathaway HomeServices Hodrick Realty walks every seller through the SPD before it goes to any buyer. If you're preparing to list in Lycoming, Clinton, Tioga, or any of our 11-county service area, reach out before you fill out a single form.

Call or text 570-321-7000, or visit bhhshodrickrealty.net to connect with our team.