Sell in Philadelphia with Meydomo

Seller Property Disclosure Law

Pennsylvania’s Real Estate Seller Disclosure Law (68 P.S. §102 et seq.) requires sellers of residential real property (1–4 units) to provide a **Property Disclosure Statement** to the buyer before the buyer signs an agreement of sale. The law specifies the minimum information to be disclosed, including: the condition of roof, basement, structural components, plumbing, heating, cooling, electrical, appliances, water/sewer (and if it’s on a private well/septic, results of any tests), the presence of termites/wood-destroying insects, any structural problems, any hazardous substances (like radon, asbestos, lead paint), legal issues like property line disputes or violations, and any other material defects. The Pennsylvania Association of REALTORS® has a standard form that covers all required items. If a seller fails to disclose a known material defect, they can be liable for actual damages suffered by the buyer, and possibly punitive damages if fraud is proven. Some transfers (estate executors, foreclosures by banks, new construction with builder warranty, etc.) are exempt. Notably, the law says no action can be brought for error in disclosure if the seller had no knowledge of the issue. Pennsylvania does not require disclosing that a property was the site of a death or crime, nor if an occupant had HIV (those are explicitly not material defects by law).

• 68 Pa. Stat. §§102-108:contentReference[oaicite:204]{index=204}

MLS Policies

Pennsylvania’s MLS systems (e.g., Bright MLS which covers a large portion of PA, West Penn MLS around Pittsburgh) require a listing agreement. Bright MLS enforces Clear Cooperation (1 business day rule) strictly with fines. MLS listings typically include the seller’s disclosure form as an attached PDF for agents to review – since it’s required by law, buyer agents expect to see it early. Also, in many PA MLS listings, agent remarks will mention required local certificates (like “City U&O required, seller will order” or “buyer responsible for U&O”). Bright MLS has specific fields for whether a property is in an HOA and the fees, which ties into disclosing that via the state form (and separately, PA law requires a resale certificate from the HOA by law after contract). Fair housing compliance is monitored by the MLS (they will remove any language hinting “nice Jewish neighborhood” or such). Notably, in Philadelphia, there’s a field to indicate if the property is a registered historic property – something a seller should disclose because it affects renovations. The MLS doesn’t mandate filling that field, but agents typically do. MLS rules also require an exterior photo. If the seller’s disclosure is not yet available (like if an estate sale and executor is filling it out), the MLS may allow listing to go active but buyer’s agent will insist on it per law within 5 days of contract signing. Thus the MLS cooperates with the disclosure process but doesn’t override it.

• Bright MLS Rules & Regs
• West Penn MLS Rules

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of pre-1978 homes to disclose any known lead-based paint or hazards and provide the EPA pamphlet on lead safety. Buyers must be allowed a 10-day period for lead testing (unless they waive it in writing). Pennsylvania also has state regulations echoing this requirement.

• 42 U.S.C. 4852d
• 40 CFR 745
• 68 Pa. Stat. 322

Fair Housing Act (No Discriminatory Advertising)

Under federal and Pennsylvania law, housing advertisements cannot express preferences or limitations based on protected classes. Pennsylvania’s Human Relations Act adds classes like age (40+) and use of support animal. Thus, no listing can say things like 'adults only' or 'ideal for Christian families'.

• 42 U.S.C. §3604(c)
• 43 Pa. Stat. §955(h)(3)