One of the most common questions I get from Lancaster County sellers — especially those who haven’t sold a home in years — is some version of: “Do I have to tell buyers about that?”
The roof that leaked two years ago. The basement that had standing water after a heavy storm. The addition built by a previous owner without permits. The HVAC that’s been running fine but is well past its expected lifespan.
Pennsylvania has a specific law that answers this question, and the form you complete before listing — the Seller’s Property Disclosure Statement — is not optional. Here’s what the law requires, what Lancaster County sellers most commonly miss, and how to protect yourself through the entire process.
What Is the Pennsylvania Seller’s Property Disclosure Statement?
Pennsylvania’s Real Estate Seller Disclosure Law requires every residential seller to disclose all known material defects about the property to the buyer before the buyer signs the Agreement of Sale. The Pennsylvania Association of Realtors® administers the standard form — called the SPD — that sellers complete to satisfy this requirement.
A “material defect” is defined as any problem with the property that would:
- Have a significant adverse impact on the value of the property, or
- Involve an unreasonable risk to people living on or using the land
The seller alone is responsible for the accuracy of the form. You sign it under penalty of law, and the buyer receives it before committing to purchase.
The SPD is not a substitute for a home inspection — buyers should still conduct their own inspections. But the form gives buyers a documented record of what you knew about the property when you sold it. That record matters a lot if a dispute arises after settlement.
What the SPD Requires You to Disclose
The form covers several major categories. Here’s what each one means for Lancaster County sellers:
Structure
You must disclose any known issues with the foundation, roof, walls, floors, windows, and the building’s overall structural integrity. This includes water infiltration — any history of water entering through the roof, walls, basement, or crawlspace, even if it was repaired.
Lancaster County has a large stock of older homes, particularly in the city and surrounding boroughs. If your home has had past structural issues — settlement cracks, a repaired foundation wall, a replaced roof section — those need to be documented on the form.
Mechanical Systems
The SPD asks about the condition of your electrical system, plumbing, heating, cooling, and water heater. Known deficiencies in any of these need to be disclosed.
If your electrical panel hasn’t been updated since the 1970s and you’re aware that it’s a concern, that’s something you should address — either by disclosing it or by upgrading it before listing. Your agent can help you think through which approach makes more sense for your situation.
Water Supply and Sewage
This section is particularly important in Lancaster County, where a substantial portion of homes — especially in rural and semi-rural townships like Penn Manor, Hempfield, and parts of Lititz — use private wells and septic systems rather than public utilities.
If your home uses a private well, you’ll need to disclose the age and condition of the well and any known water quality issues. If you use a septic system, you must disclose its condition, estimated age, and any known failures or repairs. Buyers with lenders often need a septic inspection and well water test as conditions of their financing, so any issues you’re aware of should be on the form.
Hazardous Materials
This is where Lancaster County sellers often have questions, because two of the most common hazardous material concerns in Pennsylvania are highly relevant to this market.
Radon: Lancaster County sits in a high-radon zone — one of the highest-risk areas in the country for elevated radon levels. The SPD asks whether you’ve tested for radon and, if so, what the results were. You don’t have to test if you haven’t, but you cannot disclose that you tested when you haven’t, and you cannot misrepresent known results. If you have elevated radon and a mitigation system, disclose both. If you’ve never tested, say so. Buyers in Lancaster County almost always test for radon during their inspection period. (Here’s what to know about radon testing when buying or selling in Lancaster County.)
Lead paint: If your home was built before 1978, you’re required to complete a separate federal Lead-Based Paint Disclosure addendum in addition to the standard SPD. Lancaster City in particular has one of the highest concentrations of pre-1978 housing stock in Pennsylvania — if you own a row home or older property in the city, this applies to you.
Asbestos and underground storage tanks are also covered. Asbestos-containing materials were commonly used in homes built before 1980 in insulation, floor tiles, and pipe wrapping. If you know of asbestos in your home, it goes on the form.
Environmental Concerns and Flooding
Flooding history is one of the most frequently litigated disclosure issues in Pennsylvania. If your property has flooded — basement, yard, crawlspace, any part of it — you must disclose it, even if you’ve since repaired the problem or installed drainage improvements.
You must also disclose if the property is located in a FEMA-designated 100-year floodplain, if you’re aware of any drainage easements affecting the property, or if neighboring properties’ drainage impacts your land.
Zoning and Permits
Did a previous owner finish the basement without pulling permits? Did someone add a garage, a deck, or a sunroom without going through the township’s building department? These are known material defects in Pennsylvania, and they go on the SPD.
This comes up more than you’d think in Lancaster County’s older housing stock. Sellers sometimes inherit these situations from prior owners and aren’t sure whether to disclose them. The answer is: if you’re aware of it, it belongs on the form. Failing to disclose a known permit violation — even one you didn’t create — can expose you to a post-settlement claim.
What If You Genuinely Didn’t Know About a Problem?
Here’s the part that gives a lot of sellers relief: Pennsylvania’s disclosure law covers what you know, not what you could have discovered if you’d investigated.
You are not required to hire a home inspector before listing. You’re not required to pull permits to check for prior violations. You’re not expected to crawl into the attic and look for evidence of an old roof leak you’ve never seen.
What the law prohibits is knowingly withholding information. A seller who checks “No known issues” on a section of the form when they’re aware of a problem faces a much more serious legal situation than a seller who checked a box incorrectly because they genuinely didn’t know.
That said, be honest with yourself about what you actually know. If you noticed water stains in the basement last spring and chalked it up to a wet season, that’s something a buyer’s attorney could argue you “knew or should have known.” If you’ve lived in the home for 20 years and repaired the same leaking window three times, that’s a pattern — not a mystery.
My advice: when in doubt, disclose. A disclosed problem is something a buyer can evaluate and price in. An undisclosed problem that surfaces two years after settlement is a lawsuit. The SPD protects you when completed honestly and thoughtfully.
Getting the SPD Right Before You List
The SPD is typically completed before the home goes on the market so that buyers can review it during showings and before making an offer. Taking your time with it is worth it.
Walk through your home with fresh eyes when you complete the form. Think back over your ownership: Has there been any water in any part of the house? Any HVAC repairs beyond routine maintenance? Electrical work? Any disputes with neighbors about property lines? Any township notices about permits or violations?
Your agent can walk you through the form section by section, which is exactly the kind of conversation I have with every seller before we list. It’s not about finding things to scare buyers away — it’s about getting ahead of what the buyer’s inspector is going to find anyway and presenting it in a way that builds trust rather than creating a crisis at the inspection deadline.
Homes where sellers complete the SPD thoroughly and address key issues upfront tend to move smoother through the inspection and appraisal process. Buyers feel more confident, and that confidence often translates into stronger, cleaner offers. If you’re thinking about how to position your home for a fast sale, a thorough and honest SPD is one of the most underrated tools you have. (Here’s more on how to sell fast in Lancaster, PA.)
After the SPD is delivered and accepted and the buyer has completed their inspections, the path to settlement day gets a lot smoother when everyone is working with accurate information from the start.
Frequently Asked Questions
Do I have to disclose if someone died in my home in Pennsylvania?
No. Pennsylvania does not require sellers to disclose deaths, suicides, or homicides that occurred on the property. This is considered a psychological stigma rather than a material defect, and it is explicitly not covered by the state’s Real Estate Seller Disclosure Law.
What if something breaks after settlement — am I still liable?
Generally, no. Your disclosure obligation covers known material defects at the time you complete the form, not future wear and tear or things that break after settlement. If you disclosed the property’s condition accurately, routine post-settlement failures are the buyer’s responsibility.
Do I have to disclose a prior flood if the problem has been fixed?
Yes. A prior flooding event is a known material defect even if you’ve remediated it. The SPD specifically asks whether the property has experienced water infiltration or flooding, regardless of whether repairs were made. Buyers deserve to know the history so they can evaluate ongoing risk.
When must I give the buyer the Seller’s Property Disclosure Statement?
Pennsylvania law requires you to deliver the completed SPD to the buyer before they sign the Agreement of Sale. In practice, most sellers complete the form before listing so buyers can review it during showings or before submitting an offer. Your agent will guide you through the timing.
What happens if I forget to disclose something?
Pennsylvania buyers have up to two years after settlement to bring a claim under the Real Estate Seller Disclosure Law. Claims typically seek damages equal to the cost of repairing the undisclosed defect. The risk is highest when a seller actively checked “no known issues” for a problem they were aware of — courts distinguish between accidental omissions and intentional misrepresentation.
The Seller’s Property Disclosure Statement is one of the most important documents you’ll complete before listing your Lancaster County home — and one of the most straightforward ways to protect yourself through the sale. Complete it carefully, be honest about what you know, and use it as the foundation for a clean and confident transaction.
If you’re thinking about selling and want to walk through the SPD together before you list, I’m happy to do that. It’s one of the first things we cover with every seller on my team. Reach out through lancasterhome.com or call us directly — we’re here to help you sell with confidence.
About Craig Hartranft
Craig Hartranft is a top-ranked Lancaster County REALTOR® and Founder of The Craig Hartranft Team, Berkshire Hathaway’s #1 real estate team in Lancaster County, with 460 homes sold and $195M+ in sales in 2025, plus over 1,400 five-star reviews across Google and Zillow.