The Pennsylvania Real Estate Seller Disclosure Law (68 Pa.C.S.A. §7301 et seq.) requires that before an Agreement of Sale is signed, the Seller in a residential sale must disclose all known material defects about the property that are not readily observable.
A Seller of residential property in Indiana, PA, must disclose known material defects even if the contract states that the sale is being made “as is”. For example, if the roof once leaked or the furnace has issues, a Seller in Indiana PA must disclose these defects even if the sale is “as is”.
The Pennsylvania Association of Realtors (PAR) provides a Form of a Seller’s Property Disclosure Statement. This PAR Seller Disclosure Form lists a series of questions that a Seller has to fill out. However, an issue with this PAR Form is that there may be a defect in the real estate not covered by the PAR Form. A Seller in Indiana Pennsylvania must still make the disclosure of the defect even if it is not listed as a question on the PAR Form.
A “material defect” is a problem with the property that would have a significant adverse impact on the value of the residential property or that involves an unreasonable risk to people on the land. For example, if there is a large tree in the yard that the Seller knows is rotten and may fall, that is something that the Seller needs to disclose to the Buyer. If the Seller does not disclose, the Seller could be held liable for any property damage or personal injury caused by the tree. Even if the Buyer discovers the problem with the tree before it falls, the Seller could be held responsible for removing the tree.
When you are in doubt of whether something needs to be disclosed, the safest course is generally to disclose any known past or present problems.
The Seller Disclosure Form in Indiana Pennsylvania can be amended at any time prior to signing the Sales Agreement.
A Buyer should not think that the Seller Disclosure Form is any type of warranty as to the condition of the real estate. In other words, it is not a substitute for getting home inspections. It is always recommended that a Buyer in Indiana obtain the appropriate home inspections.
A legal claim against a Seller for failure to disclose a material defect has to be commenced within two years after the sale. Therefore, it is important that you, as the Buyer, act quickly to obtain legal advice if you believe you have a claim against the Seller.
The attorneys at Supinka & Supinka, PC are available to assist you in Indiana, Pennsylvania, and surrounding counties, with all your real estate sales and purchases, both residential and commercial.
