Do You Still Have to Disclose Problems When Selling “As-Is” in Pennsylvania?

A lot of homeowners assume that selling a house as-is means they can skip the disclosure conversation entirely. The thinking makes sense on the surface. If you’re selling the home in its current condition and the buyer knows that going in, why would you need to list every problem?

Pennsylvania law has a clear answer to that question, and it’s not the one most sellers expect.

Selling as-is means you’re not agreeing to make repairs before closing. It doesn’t mean you’re off the hook for telling buyers what’s wrong with the property.

Those are two very different things, and mixing them up creates real legal exposure after the sale closes. A buyer who discovers a problem you knew about and didn’t disclose has grounds to come back at you regardless of whether the sale was marketed as-is. The as-is label protects you from repair requests. It doesn’t protect you from a claim over hidden defects.

Pennsylvania’s Real Estate Seller Disclosure Law, commonly known as Act 114, requires sellers to disclose all known material defects to any prospective buyer. A material defect is anything that would significantly affect the value of the property or the buyer’s decision to purchase it.

The disclosure is completed on a standard form that covers a wide range of property conditions, including:

• Roof condition and any history of leaks or damage.
• Foundation and structural issues.
• Water intrusion or flooding history.
• Electrical, plumbing, and HVAC system condition.
• Presence of mold, asbestos, lead paint, or radon.
• Pest or termite damage.
• Any zoning violations or code issues.
• Environmental hazards on or near the property.

The key word throughout all of this is “known.” You’re required to disclose what you know. You’re not legally required to hire an inspector and discover new problems before selling. But if you’re aware of an issue and don’t put it on the form, that’s where the legal risk sits.

Failing to disclose a known defect in Pennsylvania can lead to the buyer pursuing a claim after closing. Under the law, a seller who violates the disclosure requirement can be held liable for the buyer’s actual damages, and courts have discretion to consider additional remedies in cases involving deliberate concealment.

The as-is sale structure doesn’t change this. Buyers who find out after closing that a seller knew about a significant problem and left it off the disclosure form can still pursue a claim in Pennsylvania. The fact that the home was sold as-is doesn’t eliminate that liability.

Disclosing everything you know upfront actually protects you. It documents your honesty, limits your post-sale exposure, and removes the uncertainty of wondering whether something will surface later.

Most sellers who underreport on disclosure forms aren’t trying to commit fraud. They’re usually in one of a few situations.

1. They’re selling an inherited property they never lived in and genuinely don’t know the full history of the home. That’s a legitimate gap, and the disclosure form accounts for it. You disclose what you know and note what you don’t.
2. They’re worried that disclosing problems will kill the deal or drive the price down significantly. That concern is understandable, but withholding known defects trades a short-term negotiation problem for a much bigger legal problem down the road.
3. They’re under financial pressure and trying to move quickly. Sellers dealing with financial distress or trying to avoid foreclosure sometimes feel like full disclosure will make an already difficult situation worse. It won’t. Accurate disclosure on an as-is sale is still a completely sellable transaction.

Selling as-is is a legitimate and common approach in Pennsylvania, especially for older homes, inherited properties, and situations where repairs simply aren’t in the budget. But as-is and non-disclosure are not the same thing, and treating them as if they are creates a liability that follows you after the closing table.

If you’re selling a property with known issues and want to understand what it’s worth without the complication of a traditional sale, contact BuyBox — call (412) 305-5175 or fill out our online form for your free no-obligation cash offer.