What Sellers Are Legally Required to Disclose in PA & DE

Disclosure requirements are one of the more misunderstood parts of selling a home — and getting them wrong isn't just a paperwork issue, it can create real legal exposure. Here's what Pennsylvania and Delaware actually require, and how the two states differ.

Pennsylvania: The Seller's Property Disclosure Statement

Under Pennsylvania's Real Estate Seller Disclosure Law, sellers of residential property (one to four units) must complete a Seller's Property Disclosure Statement and provide it to the buyer before the agreement of sale is signed. The form is designed to capture known material defects — problems that would have a significant adverse impact on the property's value or that pose an unreasonable risk to people on the property.

The standard form, approved by the Pennsylvania Association of Realtors, covers areas including:

• Structural elements — foundation, walls, basement, roof
• Water, rot, sewage, or drainage problems
• Termite or pest infestations and past treatment
• Plumbing, electrical, heating, and air conditioning systems
• Included appliances and their condition
• Environmental hazards or contaminants
• Any remodeling or additions

A few exceptions exist, including transfers between family members, sales by an estate's fiduciary, new construction that's never been occupied, and foreclosure transactions. But in most traditional residential sales, disclosure isn't optional.

What Pennsylvania does NOT require you to disclose: deaths on the property (as long as they don't affect its physical condition), a registered sex offender living nearby, or claims that a property is haunted. Buyers concerned about any of these can research public records independently.

Delaware: The Seller's Disclosure of Real Property Condition Report

Delaware's requirement, under Chapter 25, Title 6 of the Delaware Code, is similarly structured but has its own specific form: the Seller's Disclosure of Real Property Condition Report. Delaware requires this report to be given to prospective buyers before they make an offer to purchase — notably earlier in the process than Pennsylvania's requirement, which only requires disclosure before the agreement of sale is signed.

Delaware's disclosure also explicitly requires a radon disclosure, given the region's known radon presence — sellers must share any radon test results or inspection reports they're aware of.

Ongoing obligation: If a material defect becomes known after the report is provided but before final settlement, Delaware law requires the disclosure to be updated. This is a meaningful difference from a one-and-done disclosure — sellers need to stay attentive through the whole transaction.

Exemptions exist here too, including transfers by a fiduciary administering an estate, court-ordered transfers, and a few other specific circumstances.

Lead Paint: The Same Federal Rule in Both States

Regardless of state, federal law requires sellers of homes built before 1978 to disclose known lead-based paint hazards, provide the EPA's "Protect Your Family From Lead in Your Home" pamphlet, include a Lead Warning Statement in the contract, and give buyers a 10-day window to conduct a lead-based paint inspection if they choose to.

Why This Matters More Than It Might Seem

In both states, disclosure isn't a formality — it's a legal document that becomes part of the purchase agreement. Being vague, leaving out known issues, or assuming something "doesn't count" because it's been repaired can create real liability down the line. You're not required to investigate or uncover hidden problems, but you are required to disclose what you actually know.

A Few Tips for Sellers

• When in doubt, disclose it. A minor issue disclosed upfront is far less risky than the same issue surfacing after closing.
• Update your disclosure if anything changes before settlement — this is a legal requirement in both states, not just good practice.
• Work with an experienced local agent. Disclosure requirements shift periodically, and an agent who works across both PA and DE regularly can help make sure nothing gets missed.

The Bottom Line

Whether you're selling in Chester County or across the line in Delaware, understanding your disclosure obligations protects you as much as it protects the buyer. Being thorough and honest from the start is almost always the simpler, safer path.

Getting ready to list and want to make sure your disclosure is handled correctly? Contact Foraker Realty — we're happy to walk you through exactly what's required.