Guide 11 of 12

Pennsylvania seller disclosure: what it covers, and what it won't tell you about the lake

References checked Oct 4, 2026.

Short answer: Pennsylvania sellers must give you a signed property disclosure statement listing known material defects before you both sign the agreement.¹ It covers 17 subjects, but the seller doesn't have to investigate, and it says little about the lake, the dam or the association's money.¹

The rule

Any seller transferring an interest in residential real property must disclose known material defects by completing the property disclosure statement, and must deliver a signed and dated copy before the agreement of transfer is signed.¹ A "material defect" is a problem with the property, or any part of it, that would significantly hurt its value or that involves an unreasonable risk to people on the property.² Something being at or past the end of its normal useful life is not, by itself, a material defect.²

Who is exempt

The disclosure chapter has exemptions. They include certain transfers by a fiduciary administering an estate, guardianship, conservatorship or trust, and certain sales of new, unoccupied construction that come with a written warranty of at least one year, a code inspection and a certificate of occupancy.¹

Condos are different

A condominium seller discloses only about the seller's own unit. Section 3407 of the condominium law controls what the seller must disclose about the common elements.¹ For a condo on a lake, look to the resale certificate and the association's documents for the lake, beach and docks, not to the seller's form.

The 17 subjects

The form the State Real Estate Commission sets must ask about: (1) the seller's expertise in building-related fields; (2) when the seller last occupied the property; (3) the roof; (4) basements and crawl spaces; (5) termites, wood-destroying insects, dry rot and pests; (6) structural problems; (7) additions, remodeling and structural changes; (8) water and sewage systems or service; (9) plumbing; (10) heating and air conditioning; (11) the electrical system; (12) other equipment and appliances included in the sale; (13) soils, drainage, boundaries and sinkholes; (14) hazardous substances; (15) condominiums and other homeowners associations; (16) legal issues affecting title or use and enjoyment; and (17) the condition, if known, and location of storm water facilities, including who must maintain them.¹

Limits worth knowing

• No duty to investigate. The seller doesn't have to investigate or inquire to complete the form, but must not make statements the seller or the seller's agent knows or has reason to know are false or misleading, and must not hide a known material defect.¹
• Best information. If something is unknown or unavailable, the seller may answer based on the best information available.¹
• Changes before settlement. If something on the form becomes inaccurate before settlement, the seller must tell the buyer.¹
• Delivery. The form can be delivered in person, by first-class or certified mail, or by fax to the buyer or the buyer's agent.¹

What the disclosure won't tell you about the lake

• The dam. None of the form's 17 subjects asks for the dam's federal record, Pennsylvania category or inspection reports.¹ The National Inventory of Dams has fields for a dam's hazard potential, owner type and last reported inspection.³ See Dam records explained.
• Algae. The form doesn't cover state algae sampling.¹ Sample results are on the Pennsylvania HABs Dashboard.⁴ See Algae blooms and buying a lake home.
• The association's money. Reserves, planned projects and special assessments come from the resale certificate, not the seller's form.⁵
• Rental rules. Municipal ordinances and community rules are separate. See Short-term rentals: two layers.
• Flood zone. Check FEMA's flood map for the address yourself.⁶ See Flood insurance for lake homes.

Three documents, three jobs

Reading the form with the lake in mind

• Item 8, water and sewage. If the seller notes a septic system or a well, ask for permits, pumping receipts and lab results. A clean form is not a test.
• Item 13, soils, drainage and boundaries. Ask about erosion at the shore, standing water, and where the lot line runs at the water.
• Item 15, associations. The seller's answer is a starting point; the resale certificate and documents give the detail.
• Item 16, legal issues. Ask about disputes over docks, shoreline use or access paths.
• Item 17, storm water facilities. Ask who maintains any basins, pipes or swales on the lot.

Questions to add to your list

• For item 8 (water and sewage): When was the septic tank last pumped? Any water test results?
• For item 13 (soils and drainage): Has water ever entered the house? Any shoreline erosion?
• For item 15 (associations): What does the association own: the lake, the dam, the beach? Any special assessments?
• For item 16 (legal issues): Any disputes with the association, a neighbor or the lake owner?

FAQ

Does the seller have to tell me about the dam?

Only to the extent the form's subjects and the seller's knowledge reach it, and the seller need not investigate.¹ Ask for dam documents directly.

What counts as a material defect?

A problem that would significantly hurt the property's value or that involves an unreasonable risk to people on it.²

My lake home is a condo. Does the seller disclose the beach and docks?

The seller discloses about the unit. Common elements are covered by the condominium resale rules.¹

Lakes where this comes up

• Arrowhead LakeMonroe County
• Gold Key LakePike County
• Big Bass LakeLackawanna County
• Canadohta LakeCrawford County
• Deer LakeFayette County
• Indian Mountain LakeMonroe County