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Seller Disclosure in PA, DE and MD: What Do You Have to Tell a Buyer?

All three states we work in make sellers put what they know in writing, but the forms, the timing and the escape hatches differ. Here's what Pennsylvania, Delaware and Maryland require, including Maryland's revised form from September 2026.

Cover: Seller Disclosure in PA, DE and MD: What Do You Have to Tell a Buyer?

Short answer: In Pennsylvania and Delaware, a seller of a 1-to-4-unit home must disclose the material defects they know about on a state-approved form, and the buyer gets it before signing (PA) or before making an offer (DE). In Maryland, the seller chooses between a disclosure statement and a disclaimer statement that sells the home "as is," but even a disclaimer must still reveal known latent defects that threaten health or safety. In all three states, homes built before 1978 also need the federal lead-based paint disclosure.

I'm Brian Foraker, owner of Foraker Realty Co., and we list homes in Chester County PA, New Castle County DE and Cecil County MD. The disclosure is the one document I tell every seller to slow down on, because the honest version protects you and the vague version follows you to settlement. Last reviewed October 12, 2026. General information, not legal advice; talk to a real estate attorney about your specific situation.

What does Pennsylvania require sellers to disclose?

Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. §§ 7301-7314) says a seller must disclose any material defects with the property known to the seller, using a property disclosure statement that meets the Commission's form. Key points:

  • Timing: a signed, dated copy goes to the buyer before the agreement of sale is signed (§ 7305).
  • Changes: if something on the form becomes inaccurate before final settlement, the seller must tell the buyer (§ 7307).
  • Not a warranty: the form reports what you know; it doesn't guarantee the house. A seller isn't liable for an error they didn't know about, or for relying on a licensed professional's report within that professional's expertise (§ 7309).
  • If a seller willfully or negligently gets it wrong: the buyer can recover actual damages, and must bring that claim within two years of final settlement (§ 7311).

Some transfers are exempt, such as certain sales by fiduciaries settling an estate and certain new construction. Your agent should confirm whether yours is.

What does Delaware require?

Delaware's Buyer Property Protection Act (Title 6, §§ 2570-2578) covers homes with 1-4 dwelling units, manufactured housing lots and vacant land zoned residential. The seller:

  • completes the Delaware Real Estate Commission's Seller's Disclosure of Real Property Condition Report, disclosing all known material defects, before signing the listing agreement (§ 2572);
  • has it delivered to buyers before they make an offer (§ 2573), and the signed report becomes part of the agreement of sale;
  • updates it for material changes before final settlement.

The report is a good-faith disclosure, not a warranty (§ 2574). Exclusions include court-ordered and foreclosure sales, sheriff's sales, transfers between co-owners or family members, and divorce settlements (§ 2577).

Can I sell a house "as is" in Maryland?

Yes, with a catch. Under Real Property § 10-702, a Maryland seller of a 1-4 unit home gives the buyer either:

  • a disclosure statement describing known conditions (roof, systems, water, insects, structure and more), or
  • a disclaimer statement saying the home is sold as is with no representations.

The catch: a seller who disclaims must still disclose any latent defect they actually know about, meaning a defect a buyer couldn't spot with a careful visual inspection that poses a direct threat to health or safety.

If the buyer never got the form: a buyer who didn't receive it on or before signing can rescind the contract before receiving it or within 5 days after receiving it, and get the deposit back. That right ends at closing or occupancy, whichever comes first.

New for fall 2026: the Maryland Real Estate Commission revised the disclosure/disclaimer form, adding new options for septic, cooling, basement and smoke-alarm types, a flooding or fire question, and home-inspection notice language. A notice published September 8, 2026 says brokerages should now use the revised form and update current non-exempt listing agreements. Buyers looking in Elkton, North East or Rising Sun will see the new version.

Which is better in Maryland: disclose or disclaim?

For an owner who has lived in the home, I almost always recommend the full disclosure. Buyers and their agents read a disclaimer as "something to hide," and you still owe them the latent defects you know about. Disclaimers make more sense for estates or investors who genuinely don't know the house's history.

What about lead paint?

Federal law applies in all three states. For most housing built before 1978, the seller must disclose known lead-based paint and hazards, share any reports, give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home, include the Lead Warning Statement in the contract, and give the buyer 10 days to test, unless the parties agree in writing to a different period or the buyer waives it.

Does a disclosure replace a home inspection?

No. The disclosure tells a buyer what the seller knows; an inspection finds what nobody knew. We cover the difference in Inspection contingency vs. seller disclosures.

How do we handle disclosures at Foraker?

Every Foraker listing is held to the same office-wide listing standards, and our own transaction system runs the 30 steps of every deal, from ratification to settlement, so deadlines don't get dropped. If you're thinking about selling, start on our selling page or call (484) 406-3004.

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