When you purchase Real Estate in Pennsylvania, the Seller of the property is required to provide the Buyer with a Seller Disclosure Statement as required by the Real Estate Seller Disclosure Law, 68 P.S. § 7301 et seq. The Seller is obligated to disclose to a Buyer all known material defects about the property being sold that are not readily observable.
A “material defect” is a problem with the property that would have a significant adverse impact on the value of the property or that involves unreasonable risk to the people on the property. The Standard Seller’s Property Disclosure Statement warns that a structural element, system or sub-system that is at or beyond the normal useful life of such structural element, system or sub-system is not by itself a material defect.
Items that are typically disclosed on the Disclosure Statement include the following:
- Whether the roof leaks or has ever required repairs.
- Whether there are any water leaks in the basement.
- Whether there is termite, insect, or pest damage.
- Information regarding the water supply, sewage system, plumbing system, air conditioning system, heating system, and electrical system.
- Whether there are any hazardous substances and environmental issues affecting the property.
Please also note that a seller will not be liable if they are not aware of the error, inaccuracy or omission, or they reasonably believed corrections were made to the issue. In the event that there is a violation of the Real Estate Seller Disclosure Law, the Buyer’s recourse is to repair the conditions and to seek the actual damages from the Seller.
If you purchased real estate and believe that the Seller failed to provide you with a required disclosure of a material defect, please feel free to contact me for a consultation. Call me at (610) 417-6345 to discuss your case. My office is located in Bethlehem, Pennsylvania, and I represent Buyers located in Northampton County and Lehigh County.
