5 Things to Know About Disclosures in Pennsylvania

While the basic gist of seller disclosures is pretty consistent nationwide, each state’s combination of history, topography, and geography is bound to throw some unique questions into the mix. Florida has sinkholes, California has earthquakes, the Carolinas have hurricanes…but what do you need to know about Pennsylvania disclosures before the ink hits the paper? Here are a few things to keep in mind while completing your property disclosure in Pennsylvania:

Seller’s Expertise

The first section on the Pennsylvania disclosure form asks the seller to disclose his/her “expertise.” This doesn’t just ask if he/she designed, built, or improved upon the house – this question wants to know whether or not the seller possesses any expertise in fields related to contracting and architecture that can underscore the credibility of any claims made on the disclosure. While the letter of the law in these matters can be imprecise, sellers should disclose their level of expertise to avoid future liability issues.      

Material Defects

 By law, the seller must disclose “any material defects with the property known to the seller.” Disclosure forms do a pretty good job of helping sellers cover their bases – there are specific sections devoted to roofs and basements and almost everything in between. But the onus is on the seller to provide knowledge of any and all material defects, whether or not attention is called to it on the form. 

So what counts as a “material” defect? Cracks in the wall are an obvious red flag, but what about an aggressively squeaky door? A basic rule of thumb is this: if it can’t be fixed with a relatively straight-forward repair, like tightening a nut on a leaky sink or replacing a dirty air filter, it should be considered a material defect. However, when in doubt, disclose. It’s always best to err on the side of caution. 

Avoiding Surprises

Winter is rarely subtle in Pennsylvania, and most homeowners are familiar with the havoc it can wreak on a house (cracks in pipes, split gutters, and saggy roofs just to name a few things). Melting snow and heavy rains can also erode outbuildings, damage fences, and tear up driveways. Remember to assess the condition of everything on your property, not just the primary residence. 

Pests

Pest sections are common to disclosure forms, and frequently focus on termites and other wood-destroying insects. In recent years, there has been a lot of discussion within the Pennsylvania Association of Realtors regarding the need to disclose other pests. With so much of the state covered in National and State Forest land, animals like bats, raccoons, and opossums don’t think twice before inviting themselves inside a nice warm house. Floods can drive snakes from their natural habitat into the safety of a dry basement, and has even become a common issue in some counties. As always, plan on disclosing as much as possible - from the raccoon that sometimes gets into the garbage can to the summer mosquito swarm.  

Grey Areas

We covered material defects, but what about more nebulous property issues? Is your house downstream from a mine? Do you have excessively noisy or otherwise troublesome neighbors? Or worse – did someone die on your property? Pennsylvania law does not require you to disclose any of these things, but you may want to add these to your disclosures for good measure.. It may not be necessary in terms of liability, but it’s always good practice to disclose anything you feel the buyer would want to know. In terms of liability, it is always best practice to disclose as much as possible, to avoid legal troubles down the road. 

Learn more about how Glide can help realtors and home sellers in Pennsylvania here.