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Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 7303 (2026)

 Disclosure of material defects.

✓ current as of May 2026
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§ 7303.  Disclosure of material defects.

Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.

Notes of Decisions
Cited in 18 cases (7 in the last 5 years), 2005–2026 · leading case: Phelps, N. v. Caperoon, L., 190 A.3d 1230 (Pa. Super. Ct. 2018).
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Phelps, N. v. Caperoon, L., 190 A.3d 1230 (Pa. Super. Ct. 2018). · cites it 6× “68 Pa.C.S. § 7303 (emphases added). Generally, a seller "should only be required to reveal material defects with the actual physical structure of the house, with legal impairments on the property, and with hazardous materials located there.”
Youndt v. First Nat'l Bank of Port Allegany, 868 A.2d 539 (Pa. Super. Ct. 2005). · cites it 2× “§ 7103, it does not implicate the statutorily imposed duty to disclose any material defects set forth in 68 Pa.C.S. § 7303.”
Milliken v. Jacono, 60 A.3d 133 (Pa. Super. Ct. 2012). “]” 68 Pa. C.S. § 7303. Nevertheless, the Majority attempts to limit the circumstances subject to disclosure as “material defects” to the conditions itemized in RESDL section 7304, which directs the State Real Estate Commission to promulgate “a disclosure statement that satisfies…”
Star v. Rosenthal, 884 F. Supp. 2d 319 (E.D. Pa. 2012). “Under 68 Pa. Cons.Stat. Ann. § 7303, Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the…”
Conway, M., et ux v. The Cutler Grp., Inc., Aplt., 99 A.3d 67 (Pa. 2014). “” 68 Pa.C.S. § 7303. The RESDL enumerates sixteen subjects requiring disclosure, relating to various aspects of the property, including, inter alia, the roof, basement, termites, sewage, electrical and heating systems, as well as the presence of hazardous substances.”
Rock v. Voshell, 397 F. Supp. 2d 616 (E.D. Pa. 2005). “” 68 Pa. Cons.Stat. § 7303. Plaintiffs allege that Defendant seller failed to make disclosures of the true condition of the Home in her disclosure statement.”
Vaughn v. Drab, 73 Pa. D. & C.4th 550 (2005). “68 Pa.C.S. §7303. The Disclosure Law also provides that any seller who willfully or negligently violates or fails to perform any duty prescribed by this law “shall be liable in the amount of actual damages suffered by the buyer as a result of a violation of this chapter.”
Williams, G. v. Nancy J. Shattuck Real Est. (Pa. Super. Ct. 2024). · cites it 4× “at ¶¶ 114-18 (citing 68 Pa.C.S. §§ 7303, 7305, 7311). Wherefore, Appellant demanded judgment against Woods “in the amount of $96,588.”
Termini, J. v. Redel, W. (Pa. Super. Ct. 2026). · cites it 2× “” 68 Pa.C.S. § 7303. A “material defect” is defined by statute as “A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property.”
Aberts, L. v. Verna, P. (Pa. Super. Ct. 2017). “]” 68 Pa.C.S. § 7303. The trial court concluded from the circumstantial evidence presented by Appellee that Appellant knew about, but failed to disclose to Appellee, a material defect, i.”
Oliphant, T. v. Thai, M. (Pa. Super. Ct. 2020). “68 Pa.C.S. § 7303. Section 7308 of RESDL imposes an affirmative duty on the seller: The seller is not obligated by this chapter to make any specific investigation or inquiry in an effort to complete the property disclosure statement.”
Nicholas, K. v. McDonald, C. (Pa. Super. Ct. 2023). “68 Pa.C.S. § 7303. If a seller does not know of certain information that is required to be disclosed WERE: at the time disclosure is made, “the seller may make a disclosure based on the best information 3676.”
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