The PA Disclosure Form, also known as the Seller's Property Disclosure Statement, is a document mandated by Pennsylvania law that requires sellers to reveal any known material defects in their property that are not easily observable. This form serves to protect buyers by providing essential information about the property's condition and helps sellers comply with legal obligations. If you're preparing to sell or buy a property, be sure to fill out the form by clicking the button below.
The Pennsylvania Disclosure Form, formally known as the Seller's Property Disclosure Statement (SPD), serves as a vital tool for real estate transactions in Pennsylvania. This form, recommended by the Pennsylvania Association of REALTORS®, mandates that sellers disclose any known material defects of the property that are not easily observable. This legal requirement is part of the Real Estate Seller Disclosure Law, which aims to protect buyers by ensuring they are informed about the property's condition before making a purchase. The SPD goes beyond the basic legal requirements, encouraging sellers to provide comprehensive information that helps buyers evaluate the property effectively. It captures the seller's knowledge regarding various aspects of the property, including its structural integrity, plumbing, heating systems, and any history of pests or water issues. Importantly, the SPD is not a substitute for professional inspections or warranties, and buyers are urged to seek additional assessments to address any concerns. Sellers must complete this disclosure form even if they have never occupied the property, ensuring transparency in the transaction process. The form also outlines what constitutes a material defect and provides a checklist for sellers to indicate the status of various property features. By doing so, it aims to facilitate an informed decision-making process for potential buyers.
SELLER'S PROPERTY DISCLOSURE STATEMENT
SPD
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).
1PROPERTY
2SELLER
3The Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires that a seller of a property must disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this state- 5 ment includes disclosures beyond the basic requirements of the Law in an effort to assist sellers in complying with seller disclosure 6 requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form 7 can find the form on the Web site of the Pennsylvania State Real Estate Commission.
8This Statement discloses Seller’s knowledge of the condition of the property as of the date signed by Seller and is not a substi- 9 tute for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a
10warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to
11address concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve
12Seller of the obligation to disclose a material defect that may not be addressed on this form. Any non-exempt seller is obligated to
13complete the disclosure form even if the seller does not occupy or has never occupied the property. For a list of exempt sellers,
14see Information Regarding the Real Estate Seller's Property Disclosure Law found on the last page of this document.
15A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on
16the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or
17subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a mate-
18rial defect.
19Check yes, no, unknown (unk) or not applicable (N/A) for each question. Be sure to check N/A when a question does not apply
20to the property. Check unknown when the question does apply to the property but you are not sure of the answer.
21
22
23A
24B
25C
29 1
30
312
323
341
352
363
374
385
39C
40D
441
452
463
474
48B
50C
Yes No Unk N/A
1.SELLER'S EXPERTISE
(A)Does Seller possess expertise in contracting, engineering, architecture, environmental assessment or other areas related to the construction and conditions of the property and its improvements?
(B)Is Seller the landlord for the property?
(C)Is Seller a real estate licensee?
Explain any "yes" answers in section 1:
2.OWNERSHIP/OCCUPANCY
(A)Occupation
1.When was the property most recently occupied?
2.Was the Seller the most recent occupant? If "no," when did the Seller most recently occupy the property?
3.How many persons most recently occupied the property?
(B)Role of Individual Completing This Disclosure. Is the individual completing this form:
1.The owner
2.The executor
3.The administrator
4.The trustee
5.An individual holding power of attorney
(C)When was the property purchased?
(D)Are you aware of any pets having lived in the house or other structures during your ownership? Explain section 2 (if needed):
3.CONDOMINIUMS/PLANNED COMMUNITIES/OTHER HOMEOWNERS ASSOCIATIONS
(A)Type. Is the Property part of a(n):
1.Condominium
2.Homeowners association or planned community
3.Cooperative
4.Other type of association or community
(B) If "yes," how much are the fees? $
, paid (
Monthly)(
Quarterly)(
Yearly)
(C)If "yes," are there any community services or systems that the association or community is responsible for supporting or maintaining? Explain:
52 Seller's Initials
/
Date
SPD Page 1 of 9
Buyer's Initials
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2012
9/12
Scott L. Yocum, Broker of Record 1375 Martin Street State College, PA 16803
Phone: 814-231-8200
Fax:
Todd Costello
Untitled
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
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D
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PROPERTY
(D) How much is the capital contribution/initiation fee? $
Notice to Buyer: A buyer of a resale unit in a condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the by-laws, the rules or regulations, and a certificate of resale issued by the association in the condominium, cooperative, or planned community. Buyers may be respon- sible for capital contributions, initiation fees or similar one-time fees in addition to regular monthly maintenance fees. The buyer will have the option of canceling the agreement with the return of all deposit monies until the cer- tificate has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first.
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631
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672
691
702
73
74
751
762
773
784
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82
832
843
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901
912
931
942
4.ROOF
(A)Installation
1.When was the roof installed?
2.Do you have documentation (invoice, work order, warranty, etc.)?
(B)Repair
1.Has the roof or any portion of it been replaced or repaired during your ownership?
2.If it has been replaced or repaired, was the existing roofing material removed?
(C)Issues
1.Has the roof ever leaked during your ownership?
2.Are you aware of any current/past problems with the roof, gutters, flashing or downspouts? Explain any "yes" answers in section 4, including the location and extent of any problem(s) and any repair or remediation efforts:
5.BASEMENTS AND CRAWL SPACES
(A)Sump Pump
1.Does the property have a sump pit? If yes, how many?
2.Does the property have a sump pump? If yes, how many?
3.If it has a sump pump, has it ever run?
4 If it has a sump pump, is the sump pump in working order?
(B)Water Infiltration
1. Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space?
2. Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
3. Are the downspouts or gutters connected to a public system?
Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
6.TERMITES/WOOD-DESTROYING INSECTS, DRYROT, PESTS
(A)Status
1.Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property?
2.Are you aware of any damage caused by termites/wood-destroying insects, dryrot, or pests?
(B)Treatment
1.Is your property currently under contract by a licensed pest control company?
2.Are you aware of any termite/pest control reports or treatments for the property?
Explain any "yes" answers in section 6, including the name of any service/treatment provider, if applicable:
98
99
100A
102B
104C
1061
1082
1093
110E
111F
Yes No Unk N/A 7. STRUCTURAL ITEMS
(A)Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other structural components?
(B)Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
(C)Are you aware of any past or present water infiltration in the house or other structures, other
than the roof, basement or crawl spaces?
(D) Stucco and Exterior Synthetic Finishing Systems
1.Is your property constructed with stucco?
2.Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as
Dryvit or synthetic stucco, synthetic brick or synthetic stone?
3. If "yes," when was it installed?
(E) Are you aware of any fire, storm, water or ice damage to the property?
(F) Are you aware of any defects (including stains) in flooring or floor coverings?
Explain any "yes" answers in section 7, including the location and extent of any problem(s) and any repair or remediation efforts:
115 Seller's Initials
SPD Page 2 of 9
116
117
118A
120B
Yes
No Unk N/A
8.ADDITIONS/ALTERATIONS
(A)Have any additions, structural changes, or other alterations been made to the property during your ownership? Itemize and date all additions/alterations below.
(B)Are you aware of any private or public architectural review control of the property other than zoning codes?
Note to Buyer: The PA Construction Code Act, 35 P.S. §7210.101 et seq. (effective 2004), and local codes establish standards for building and altering properties. Buyers should check with the municipality to deter- mine if permits and/or approvals were necessary for disclosed work and if so, whether they were obtained. Where required permits were not obtained, the municipality might require the current owner to upgrade or remove changes made by prior owners. Buyers can have the property inspected by an expert in codes com- pliance to determine if issues exist. Expanded title insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval.
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139
Addition, structural
Approximate date
Were permits
Final inspections/
change, or alteration
of work
obtained?
approvals obtained?
(Yes/No/Unknown)
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1431
1442
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1464
1475
1486
1497
1508
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1532
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1595
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1632
1643
1661
1672
A sheet describing other additions and alterations is attached.
9.WATER SUPPLY
(A)Source. Is the source of your drinking water (check all that apply):
1.Public
2.A well on the property
3.Community water
4.A holding tank
5.A cistern
6.A spring
7.Other
8.No water service (explain):
(B)Bypass Valve (for properties with multiple sources of water)
1.Does your water source have a bypass valve?
2.If "yes," is the bypass valve working?
(C)Well
1.Has your well ever run dry?
2.Depth of Well
3. Gallons per minute
, measured on (date)
4.Is there a well used for something other than the primary source of drinking water?
5.If there is an unused well, is it capped?
(D)Pumping and Treatment
1.If your drinking water source is not public, is the pumping system in working order? If "no," explain:
2.Do you have a softener, filter, or other treatment system?
3.Is the softener, filter, or other treatment system leased? From whom?
(E)General
1.
When was your water last tested?
Test results:
2.
Is the water system shared? With whom?
168 Seller's Initials
SPD Page 3 of 9
169Yes No Unk N/A
1711
1722
177
178Yes No Unk N/A
179 1
1802
1813
1831
1842
1853
1864
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1881
1892
1903
1914
1925
1936
1947
1958
196
1971
1982
1993
2004
2015
2026
2037
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205 1
2062
207
208 1
2092
2103
2114
212
213 1
214
2152
219
220Yes No Unk N/A
2211
2222
2233
2244
2255
2266
2277
228
229B
(F)Issues
1.Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items?
2.Have you ever had a problem with your water supply?
Explain any "yes" answers in section 9, including the location and extent of any problem(s) and any repair or remediation efforts:
10.SEWAGE SYSTEM
(A)General
1.Is your property served by a sewage system (public, private or community)?
2.If no, is it due to availability or permit limitations?
3.When was the sewage system installed (or date of connection, if public)?
(B)Type Is your property served by:
1.Public (if "yes," continue to E, F and G below)
2.Community (non-public)
3.An individual on-lot sewage disposal system
4.Other, explain:
(C)Individual On-lot Sewage Disposal System. Is your sewage system (check all that apply):
1.Within 100 feet of a well
2.Subject to a ten-acre permit exemption
3.A holding tank
4.A drainfield
5.Supported by a backup or alternate drainfield, sandmound, etc.
6.A cesspool
7.Shared
8.Other, explain:
(D)Tanks and Service
1.Are there any metal/steel septic tanks on the Property?
2.Are there any cement/concrete septic tanks on the Property?
3.Are there any fiberglass septic tanks on the Property?
4.Are there any other types of septic tanks on the Property?
5.Where are the septic tanks located?
6.How often is the on-lot sewage disposal system serviced?
7.When was the on-lot sewage disposal system last serviced?
(E)Abandoned Individual On-lot Sewage Disposal Systems and Septic
1.Are you aware of any abandoned septic systems or cesspools on your property?
2.Have these systems or cesspools been closed in accordance with the municipality’s ordinance?
(F)Sewage Pumps
1.Are there any sewage pumps located on the property?
2.What type(s) of pump(s)?
3.Are pump(s) in working order?
4.Who is responsible for maintenance of sewage pumps?
(G)Issues
1.Is any waste water piping not connected to the septic/sewer system?
2.Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items?
Explain any "yes" answers in section 10, including the location and extent of any problem(s) and any repair or remediation efforts:
11.PLUMBING SYSTEM
(A)Material(s). Are the plumbing materials (check all that apply):
1.Copper
2.Galvanized
3.Lead
4.PVC
5.Polybutylene pipe (PB)
6.Cross-linked polyethyline (PEX)
(B)Are you aware of any problems with any of your plumbing fixtures (e.g., including but not lim- ited to: kitchen, laundry, or bathroom fixtures; wet bars; exterior faucets; etc.)?
If "yes," explain:
232 Seller's Initials
SPD Page 4 of 9
233
234
2351
2362
2373
2384
2395
2406
2417
2428
243B
244C
2481
2492
2503
2514
2525
2536
2547
2558
2571
2582
2593
2604
2615
2626
2637
2648
2659
2671
2682
2693
2704
2721
2732
2743
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2765
2776
2787
279E
2811
2822
2833
284P
2891
2902
2913
2924
2935
12.DOMESTIC WATER HEATING
(A) Type(s). Is your water heating (check all that apply):
1.Electric
2.Natural gas
3.Fuel oil
4.Propane
5.Solar
6.Geothermal
8.Is your water heating a summer-winter hook-up (integral system, hot water from the boiler, etc.)?
(B)
How many water heaters are there?
When were they installed?
(C)
Are you aware of any problems with any water heater or related equipment?
13.
HEATING SYSTEM
No
Unk N/A
(A) Fuel Type(s). Is your heating source (check all that apply):
Electric
Natural gas
3.
Fuel oil
4.
Propane
5.
Geothermal
6.
Coal
7.
Wood
8.
Other
(B) System Type(s) (check all that apply):
Forced hot air
Hot water
Heat pump
Electric baseboard
Steam
Radiant
Wood stove(s) How many?
Coal stove(s) How many?
9.
(C) Status
When was your heating system(s) installed?
When was the heating system(s) last serviced?
How many heating zones are in the property?
Is there an additional and/or backup heating system? Explain:
(D) Fireplaces
Are there any fireplace(s)? How many?
Are all fireplace(s) working?
3. Fireplace types(s) (wood, gas, electric, etc.):
4.Were the fireplace(s) installed by a professional contractor or manufacturer’s representative?
Are there any chimney(s) (from a fireplace, water heater or any other heating system)?
How many chimney(s)?
When were they last cleaned?
7.Are the chimney(s) working? If "no," explain:
(E) List any areas of the house that are not heated:
(F) Heating and Fuel Tanks
1. Are you aware of any heating fuel tank(s) on the property?
2. Location(s), including underground tank(s):
3. If you do not own the tank(s), explain:
Are you aware of any problems or repairs needed regarding any item in section 13? If "yes," explain:
14.AIR CONDITIONING SYSTEM
(A) Type(s). Is the air conditioning (check all that apply):
1.Central air
2.Wall units
3.Window units
4.Other
5.None
294 Seller's Initials
SPD Page 5 of 9
295
2961
2972
2983
300C
301P
3051
3062
307B
308C
309P
(B) Status
1.When was the central air conditioning system installed?
2.When was the central air conditioning system last serviced?
3.How many air conditioning zones are in the property?
(C)List any areas of the house that are not air conditioned:
Are you aware of any problems with any item in section 14? If "yes," explain:
15.
ELECTRICAL SYSTEM
(A) Type(s)
Does the electrical system have fuses?
Does the electrical system have circuit breakers?
(B) What is the system amperage?
(C) Are you aware of any knob and tube wiring in the home?
Are you aware of any problems or repairs needed in the electrical system? If "yes," explain:
16.OTHER EQUIPMENT AND APPLIANCES
This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will determine which items, if any, are included in the purchase of the Property.
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321
322
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325
326
327
328
329
330
331
332
333
334
335
336
337P
3431
3452
3473
Item
Electric garage door opener
Trash compactor
Garage transmitters
Garbage disposal
Keyless entry
Stand-alone freezer
Smoke detectors
Washer
Carbon monoxide detectors
Dryer
Security alarm system
Intercom
Interior fire sprinklers
Ceiling fans
In-ground lawn sprinklers
A/C window units
Sprinkler automatic timer
Awnings
Swimming pool
Attic fan(s)
Hot tub/spa
Satellite dish
Deck(s)
Storage shed
Pool/spa heater
Electric animal fence
Pool/spa cover
Other:
Whirlpool/tub
Pool/spa accessories
Refrigerator(s)
Range/oven
Microwave oven
Dishwasher
Are you aware of any problems or repairs needed regarding any item in section 16? If "yes," explain:
17.LAND/SOILS
(A)Property
1.Are you aware of any fill or expansive soil on the property?
2.Are you aware of any sliding, settling, earth movement, upheaval, subsidence, sinkholes or earth stability problems that have occurred on or affect the property?
3.Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you received written notice of sewage sludge being spread on an adjacent property?
349 Seller's Initials
SPD Page 6 of 9
350Yes No Unk N/A
351
4
Are you aware of any existing, past or proposed mining, strip-mining, or any other excava-
tions that might affect this property?
353
Note
to Buyer: The property may be subject to mine
subsidence
damage.
Maps of
354
the counties and mines where mine subsidence damage
may
occur
and mine
subsi-
355
dence
insurance are available through: Department
of
Environmental
Protection,
356
Mine
Subsidence Insurance Fund, 25 Technology Drive,
California
Technology
Park,
357
Center, PA 15423 (800) 922-1678 (within Pennsylvania)
or
(724)
769-1100
358
(outside Pennsylvania).
359
Preferential Assessment and Development Rights
360
Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited
361
development rights under the:
362
1
Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program)
2
Open Space Act - 16 P.S. §11941 et seq
364
3
Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights)
365
Any other law/program:
366
Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort
367
to limit the circumstances under which agricultural operations may be subject to nuisance suits
368
or ordinances. Buyers are encouraged to investigate whether any agricultural operations cov-
369
ered by the Act operate in the vicinity of the property.
370
Property Rights
371
Are you aware of the transfer, sale and/or lease of any of the following property rights (by you
372
or a previous owner of the property):
373
Timber
375
Oil
376
377
5
Other minerals or rights (such as farming rights, hunting rights, quarrying rights) Explain:
378
379
Note to Buyer: Before entering into an agreement of sale, Buyer can investigate the status of
380
these rights by, among other means, engaging legal counsel, obtaining a title examination of
381
unlimited years and searching the official records in the county Office of the Recorder of Deeds,
382
and elsewhere. Buyer is also advised to investigate the terms of any existing leases, as Buyer
383
may be subject to terms of those leases.
384
Explain any "yes" answers in section 17:
386
18. FLOODING, DRAINAGE AND BOUNDARIES
387
Unk
N/A
(A) Flooding/Drainage
388
Is any part of this property located in a wetlands area?
389
Is any part of this property located in a a FEMA flood zone?
390
Are you aware of any past or present drainage or flooding problems affecting the property?
391
Are you aware of any drainage or flooding mitigation on the property?
392
Explain any "yes" answers in section 18(A), including dates and extent of flooding:
393
394Yes No Unk N/A
3961
4032
404 3
405
4064
(B)Boundaries
1.Are you aware of any encroachments, boundary line disputes, or easements affecting the property?
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 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.
2.Do you access the property from a private road or lane?
3.If "yes," do you have a recorded right of way or maintenance agreement?
4.Are you aware of any shared or common areas (driveways, bridges, docks, walls, etc.) or maintenance agreements?
Explain any "yes" answers in section 18(B):
410 Seller's Initials
SPD Page 7 of 9
411
412Yes No Unk N/A
4131
414
4152
4231
429 2
430
436Yes No Unk N/A
4371
4392
440
4411
4422
443E
444
4461
4482
4503
4524
460Yes No Unk N/A
4611
4632
4653
4664
467
4691
4722
19.HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES
(A)Mold and Indoor Air Quality (other than radon)
1.Are you aware of any tests for mold, fungi, or indoor air quality in the property?
2.Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like substances in the property?
Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. If mold contamination or indoor air quality is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Information on this issue is available from the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318.
(B)Radon
1.Are you aware of any tests for radon gas that have been performed in any buildings on the property? If "yes," list date, type, and results of all tests below:
First Test
Second Test
Type of Test
Results (picocuries/liter)
Name of Testing Service
2.Are you aware of any radon removal system on the property?
If "yes," list date installed and type of system, and whether it is in working order below:
Date Installed
Type of System
Provider
Working?
(C)Lead Paint
If property was constructed, or if construction began, before 1978, you must disclose any knowledge of, and records and reports about, lead-based paint on the property.
1.Are you aware of any lead-based paint or lead-based paint hazards on the property?
2.Are you aware of any reports or records regarding lead-based paint or lead-based paint haz- ards on the property?
(D)Tanks
1.Are you aware of any existing or removed underground tanks? Size:
2.If "yes," have any tanks been removed during your ownership?
(E)Dumping. Are you aware of any dumping on the property?
(F)Other
1.Are you aware of any existing hazardous substances on the property (structure or soil) such as, but not limited to, asbestos or polychlorinated biphenyls (PCBs)?
2.Have you received written notice regarding the presence of an environmental hazard or bio- hazard on your property or any adjacent property?
3.Are you aware of testing on the property for any other hazardous substances or environ- mental concerns?
4.Are you aware of any other hazardous substances or environmental concerns that might
impact upon the property? Explain any "yes" answers in section 19:
20.MISCELLANEOUS
(A)Deeds, Restrictions and Title
1.Are you aware of any deed restrictions that apply to the property?
2.Are you aware of any historic preservation restriction or ordinance or archeological desig- nation associated with the property?
3.Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the property?
4.Are you aware of any insurance claims filed relating to the property?
(B)Financial
1.Are you aware of any public improvement, condominium or homeowner association assess- ments against the property that remain unpaid or of any violations of zoning, housing, build- ing, safety or fire ordinances or other use restriction ordinances that remain uncorrected?
2.Are you aware of any mortgage, judgment, encumbrance, lien, overdue payment on a sup- port obligation, or other debt against this property or Seller that cannot be satisfied by the proceeds of this sale?
474 Seller's Initials
SPD Page 8 of 9
Completing the Pennsylvania Disclosure Form is an important step for sellers to provide potential buyers with essential information about the property. By accurately filling out this form, sellers can help ensure a smoother transaction process and build trust with prospective buyers.
What is the purpose of the PA Disclosure Form?
The PA Disclosure Form, officially known as the Seller's Property Disclosure Statement, is designed to inform potential buyers about the condition of a property. Under Pennsylvania law, sellers are required to disclose any known material defects that are not readily observable. This form goes beyond the basic legal requirements, providing a comprehensive overview of the property's condition to help buyers make informed decisions. It is important to note that this statement does not serve as a substitute for a professional inspection.
Who is required to complete the PA Disclosure Form?
Any non-exempt seller of residential real estate in Pennsylvania must complete the PA Disclosure Form, regardless of whether they have occupied the property. This includes individuals who may have inherited the property or are acting as executors or trustees. Certain sellers may be exempt, such as those selling new construction or properties being sold at a foreclosure auction. For a complete list of exemptions, refer to the last page of the disclosure document.
What constitutes a "material defect" according to the form?
A material defect is defined as a problem with the property that could significantly affect its value or pose an unreasonable risk to individuals on the property. Examples might include structural issues, water damage, or problems with the plumbing system. It's crucial for sellers to disclose any known material defects, as failing to do so can lead to legal consequences.
What should buyers do if they have concerns about the property?
Buyers are strongly encouraged to address any concerns regarding the property's condition that may not be covered in the PA Disclosure Form. While the form provides valuable information, it is not exhaustive. Buyers should consider hiring a qualified inspector to evaluate the property thoroughly. This can help identify any issues that may not be immediately apparent and ensure that buyers are making a well-informed purchase decision.
Completing the Pennsylvania Disclosure form is a crucial step for sellers in real estate transactions. However, several common mistakes can lead to complications down the line. Understanding these pitfalls can help ensure that the form is filled out accurately and comprehensively.
One significant mistake is failing to disclose known material defects. Sellers are legally obligated to reveal any issues that could affect the property's value or safety. Omitting this information, whether intentionally or accidentally, can lead to legal repercussions. Buyers rely on the disclosure to make informed decisions, and withholding critical details undermines that trust.
Another common error involves misunderstanding the terms of the form itself. Sellers may check "unknown" or "not applicable" when they actually have relevant information. If a seller is aware of a problem but is unsure of its extent, it is better to disclose what is known rather than leaving it blank. This approach fosters transparency and can prevent disputes later on.
Additionally, sellers often neglect to provide adequate explanations for their answers. For example, if a seller indicates that there has been a past issue with the roof, they should elaborate on the nature of the problem, any repairs made, and the current condition. This additional context can help buyers understand the situation better and make informed choices.
Another mistake involves the role of the individual completing the form. If the seller is not the property owner but rather an executor or someone with power of attorney, this should be clearly indicated. Misrepresentation of authority can lead to complications in the transaction and might even render the disclosure invalid.
Furthermore, sellers sometimes overlook the importance of updating the form. If significant changes occur after the initial completion, such as repairs or new inspections, the form should be revised. Keeping the disclosure current is essential for compliance and for maintaining trust with potential buyers.
Lastly, some sellers fail to seek advice or clarification when uncertain about specific questions. Rather than guessing or leaving answers blank, consulting with a real estate professional can provide the necessary guidance. This step can help ensure that all aspects of the property are accurately represented and that the seller fulfills their legal obligations.
By being aware of these common mistakes, sellers can navigate the Pennsylvania Disclosure form more effectively. Taking the time to complete the form accurately not only protects the seller legally but also builds trust with potential buyers.
The Seller's Property Disclosure Statement (SPD) is an important document in real estate transactions in Pennsylvania. Along with the SPD, several other forms and documents are commonly used to ensure transparency and provide essential information about the property. Each of these documents plays a unique role in the buying and selling process.
Understanding these documents can help buyers and sellers navigate the real estate process more effectively. Each form serves a specific purpose, contributing to a transparent and informed transaction. Buyers should review all documents carefully and consult professionals when needed to ensure a smooth process.
When filling out the Pennsylvania Disclosure Form, it’s essential to approach the process with care and attention. Here’s a list of things you should and shouldn’t do to ensure a smooth and effective disclosure.
By following these guidelines, you can help ensure that your property disclosure is thorough and effective, fostering trust between you and potential buyers.
Understanding the Pennsylvania Seller's Property Disclosure Statement (SPD) is crucial for both sellers and buyers. However, several misconceptions can lead to confusion. Here are six common misconceptions about the PA Disclosure form:
The Seller's Property Disclosure Statement (SPD) is a legal requirement in Pennsylvania, mandating sellers to disclose known material defects that are not easily observable.
Sellers must complete the disclosure form even if they have never occupied the property, ensuring transparency for potential buyers.
A material defect is defined as any issue that could significantly impact the property's value or pose a risk to individuals on the property.
Sellers should check "yes," "no," "unknown," or "not applicable" for each question, providing clarity on the condition of the property.
Disclosures in the SPD go beyond the basic legal requirements to assist sellers and buyers in understanding the property's condition.
While the SPD informs buyers, it does not replace the need for independent inspections or warranties that buyers may wish to obtain.
Buyers are encouraged to address any concerns about the property's condition that may not be covered in the SPD.
It is crucial for sellers to be honest and thorough in their disclosures to avoid potential legal issues arising from undisclosed defects.