Pennsylvania Seller Disclosure Requirements | 68 P.S. §7301 Guide

Key Information

Pennsylvania's Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires residential sellers to complete a written disclosure statement covering 16 specific categories — including structural systems, water supply and sewage, mechanical systems, environmental hazards, and legal/zoning issues — before any agreement of sale is executed. The Pennsylvania Association of Realtors (PAR) publishes a standard Seller's Property Disclosure Statement form aligned with the statute. For pre-1978 homes, the federal Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies in addition. Pennsylvania agents must also comply with the real estate licensee disclosure duty under Pennsylvania Real Estate Licensing and Registration Act (RELRA, 63 P.S. §455.606a). BuildMyListing helps Pennsylvania agents document all required disclosure categories and produce compliant listing packages.

Pricing: Starting $99/month

Time Required: Complete disclosure documentation in one workflow

The Problem

Pennsylvania's 16-category disclosure requirement is more detailed than many agents realize — particularly the water supply and sewage sections, which are critical for the many Pennsylvania properties with private wells and septic systems. Missing these categories or treating the PAR form as a formality creates real liability exposure under 68 P.S. §7301.

The Solution

BuildMyListing helps Pennsylvania listing agents document all 16 disclosure categories with sellers, flag private water and sewage system status, generate the documentation record required under 68 P.S. §7301, and produce a complete listing package — photos, MLS description, and compliance documentation — in one workflow.

Key Features

16-Category Disclosure Documentation

Structured documentation of all 16 Pennsylvania Seller Disclosure Law categories: structural systems (roof, foundation, walls), water supply (public/private well), sewage (public/private septic), plumbing, electrical, HVAC, other mechanical systems, environmental hazards, zoning, legal/title issues, and community associations.

Benefit: Complete 68 P.S. §7301 coverage before the listing agreement

Private Well and Septic System Section

Pennsylvania has substantial rural and suburban housing with private water wells and on-lot septic systems. The disclosure law specifically covers these in Sections 7308 (water supply) and 7309 (sewage). BuildMyListing prompts sellers to document well condition, water quality test results, and septic system status — the categories most commonly disputed in Pennsylvania post-closing claims.

Benefit: Well and septic categories documented — the most litigated PA disclosure sections

Environmental Hazard Disclosure

68 P.S. §7313 requires disclosure of known environmental hazards including hazardous waste sites, underground storage tanks, and known soil contamination. Pennsylvania has significant industrial history creating brownfield adjacency risk in many markets. BuildMyListing flags environmental hazard categories for documentation.

Benefit: Environmental liability categories documented and timestamped

Federal Lead Paint Addendum

For homes built before 1978, the federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies in addition to the 68 P.S. §7301 disclosure. BuildMyListing flags pre-1978 construction and includes the lead paint checklist — covering the seller disclosure form, EPA pamphlet, and 10-day buyer inspection right.

Benefit: Federal overlay documented for Pennsylvania's large pre-1978 housing stock

How It Works

Enter Property Details

Input property address, construction year, water supply type (public/private well), and sewage type (public/private septic). BuildMyListing maps to the applicable 68 P.S. §7301 categories and flags the federal lead paint overlay for pre-1978 construction.

Document All 16 Disclosure Categories with Seller

Walk through all 16 categories with your seller. BuildMyListing captures and timestamps responses, with particular prompts for the water supply, sewage, and environmental sections — the categories with highest post-closing dispute frequency in Pennsylvania.

Download Listing Package with Disclosure Record

Download the full listing package: enhanced photos, Bright MLS-compatible description, and a timestamped disclosure documentation record for the broker file — all ready before the listing goes live.

Compliance Reference

68 P.S. §7301 Section	Disclosure Category	Key Items	Notes
§7304-§7306	Structural systems	Roof, foundation, walls, ceilings, floors, windows, doors	Known structural defects including foundation cracks, roof leaks, and past structural repairs must be disclosed. Foundation issues are among the most litigated PA disclosure categories.
§7308	Water supply	Public water vs. private well; well condition, water quality	Private well condition, age, water test results, and known quality issues must be disclosed. Pennsylvania has many rural and suburban communities on private wells — this section is frequently the source of post-closing disputes.
§7309	Sewage	Public sewer vs. private septic; septic system age and condition	Private on-lot sewage system condition, age, capacity, and known defects must be disclosed. Pennsylvania requires septic systems to comply with Chapter 73 sewage regulations — known violations must be disclosed.
§7310	Plumbing	Water pressure, pipe condition, leaks, water heater	Known plumbing defects, low water pressure, and water heater age/condition must be disclosed.
§7311	Electrical	Panel condition, wiring type, known defects	Known electrical issues — including outdated knob-and-tube wiring common in older Pennsylvania homes — must be disclosed.
§7312	Heating and cooling	HVAC type, age, known defects; fuel type	Known HVAC deficiencies, heating system age, and fuel type must be disclosed.
§7313	Environmental hazards	Hazardous waste, underground storage tanks, radon, asbestos	Known environmental hazards on or affecting the property must be disclosed. Pennsylvania has industrial legacy areas with higher environmental risk. Radon is prevalent in many Pennsylvania counties. Lead paint for pre-1978 homes: 42 U.S.C. §4852d.
§7315	Legal and title	Zoning violations, encroachments, deed restrictions, pending assessments	Known legal or title issues affecting the property must be disclosed. Zoning violations and unpermitted work are common categories.

Common Use Cases

Chester County Colonial with Private Well and Septic

Scenario: Agent listing a 1985 Chester County colonial with private well and on-lot septic system. Last well test was 2019; septic was pumped in 2022 with no issues noted. Both §7308 (water supply) and §7309 (sewage) disclosure categories must be addressed specifically.

Process: Flag private well and septic → Water test date and results documented → Septic service history recorded → Full 16-category disclosure completed → Listing package generated

Compliance: Well and septic disclosure completed per 68 P.S. §7308-§7309 before listing

Philadelphia Rowhouse from 1918

Scenario: Agent listing a 1918 Philadelphia rowhouse. Pre-1978 construction triggers federal lead paint (42 U.S.C. §4852d). Known condition: knob-and-tube wiring in attic, disclosed by seller. Public water and sewer.

Process: Pre-1978 → Federal lead paint checklist added → Electrical section documents knob-and-tube wiring → 16-category disclosure completed → Listing package generated

Compliance: Electrical defect and federal lead paint requirement both documented before listing

Frequently Asked Questions

What is the Pennsylvania Real Estate Seller Disclosure Law?

Pennsylvania's Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires sellers of residential real property to complete a written disclosure statement before any agreement of sale is executed. The disclosure covers 16 specific categories defined in the statute, including structural systems, water supply, sewage, plumbing, electrical, HVAC, other mechanical systems, environmental hazards, zoning and legal issues, and community association status. The Pennsylvania Association of Realtors (PAR) publishes a standard Seller's Property Disclosure Statement form aligned with the statute. Sellers must sign the form and provide it to buyers before signing the sales agreement.

What are the 16 disclosure categories under 68 P.S. §7301?

The Pennsylvania Seller Disclosure Law covers: (1) Structural systems (roof, foundation, walls, ceilings, floors, windows, doors); (2) Water supply (public/private well, quality); (3) Sewage (public/private septic system); (4) Plumbing (pipes, water heater); (5) Electrical systems (panel, wiring); (6) Heating/cooling (HVAC type and condition); (7) Other mechanical systems (built-in appliances); (8) Presence of hazardous substances (asbestos, lead, radon, USTs); (9) Zoning violations; (10) Encroachments, easements, deed restrictions; (11) Flood zone designation; (12) Property tax status; (13) Pending litigation; (14) Other legal and title issues; (15) Community association status; (16) Other known material defects. The seller certifies responses to the best of their knowledge.

What transactions are exempt from Pennsylvania's disclosure requirement?

68 P.S. §7302 exempts several transactions from the disclosure requirement: foreclosure sales; transfers by a fiduciary in the course of administering an estate, guardianship, or trust; transfers to or from a government entity; and new construction where the buyer has received a new home warranty. The foreclosure exemption is notable — REO and bank-owned sales in Pennsylvania are not required to complete the 68 P.S. §7301 form. However, the federal lead-based paint disclosure (42 U.S.C. §4852d) applies to pre-1978 homes regardless of these exemptions.

How important are the water and sewage disclosure sections in Pennsylvania?

They are among the most important — and most litigated — sections of the Pennsylvania disclosure form. Pennsylvania has a large population of rural and suburban homes with private water wells and on-lot septic systems (also called on-lot disposal systems). Section 7308 requires disclosure of the type of water supply, well condition, and any known water quality issues; sellers who have had water testing done should disclose results. Section 7309 requires disclosure of the type of sewage disposal and any known defects in a private system. These sections are frequently the subject of post-closing disputes when buyers discover well contamination or septic system failure not disclosed at sale.

Does Pennsylvania require radon disclosure?

The Pennsylvania Seller Disclosure Law's environmental hazards section (§7313) requires disclosure of known hazardous substances including radon. Pennsylvania is in EPA Radon Zone 1 (highest potential) across much of the state — including the Philadelphia suburbs, Central Pennsylvania, and Western Pennsylvania. If a radon test has been performed on the property, results should be disclosed. Pennsylvania also has the Pennsylvania Radon Certification Act (63 P.S. §2001 et seq.), which certifies radon professionals. Agents in Pennsylvania should be familiar with radon's prevalence in their specific counties and markets.

Does the federal lead-based paint rule apply in Pennsylvania?

Yes. The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any residential housing built before 1978, in all 50 states including Pennsylvania. Pennsylvania has substantial pre-1978 housing stock — particularly in Philadelphia, Pittsburgh, Allentown, Scranton, and older suburban communities. Sellers must provide the lead paint disclosure form, the EPA pamphlet 'Protect Your Family From Lead in Your Home,' disclose any known lead hazards, and give buyers a 10-day inspection right. This applies in addition to the Pennsylvania Seller Disclosure Law.

What is the Pennsylvania real estate agent's disclosure duty?

Pennsylvania Real Estate Licensing and Registration Act (RELRA, 63 P.S. §455.606a) requires real estate agents to disclose to all parties any material defects in the property known to the licensee — independent of what the seller discloses. An agent who knows about a material defect that the seller failed to disclose in the statutory form is still independently obligated to disclose. The Pennsylvania State Real Estate Commission (SREC) can discipline agents for failing to comply with this duty, including license suspension or revocation.

How does Pennsylvania disclosure compare to nearby states?

Among Mid-Atlantic and Northeast states, Pennsylvania's 16-category mandatory form places it among the more structured disclosure states. New York's Property Condition Disclosure Act (PCDA) technically requires a form but allows sellers to pay a $500 credit to avoid it — a widely used escape hatch that Pennsylvania does not have. New Jersey uses a standard Seller's Property Condition Disclosure Statement. Maryland and Virginia require seller disclosures similar to Pennsylvania's. Massachusetts has no mandatory form. Pennsylvania's detailed water supply and sewage sections stand out as particularly important for agents in rural and suburban Pennsylvania markets.

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Pennsylvania Seller Disclosure Law — 16 Required Categories for Listing Agents