A Pennsylvania seller completes the Seller's Property Disclosure Statement and honestly reports all known conditions. Two years after closing, the buyer sues the seller claiming that the disclosure statement was 'incomplete' because it did not mention the age of the water heater, which failed shortly after closing. The seller responds that they did not know the exact age. Under 68 Pa.C.S. §7308, how should a court MOST likely rule?
Correct Answer
C) In favor of the seller because the disclosure law does not require the seller to make any specific investigation or inspection
Under 68 Pa.C.S. §7308, the seller is not obligated to make any specific investigation or inspection of the property. If the seller did not know the age of the water heater, they have no duty to research it. The disclosure obligation is limited to the seller's actual knowledge.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Pa Seller Disclosure Question
Background Knowledge for Pa Seller Disclosure
Real World Application in Pa Seller Disclosure
Common Mistakes to Avoid on Pa Seller Disclosure Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
More Pa Seller Disclosure Questions
A Pennsylvania seller is selling a home built in 2005. Must the seller provide a federal lead paint disclosure to the buyer?
Under Pennsylvania's seller disclosure law, which of the following statements about the Seller's Property Disclosure Statement is correct?
Under the federal Lead-Based Paint Hazard Reduction Act as applied in Pennsylvania, the lead paint disclosure requirement applies to all of the following transactions EXCEPT:
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
- → A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
- → A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
- → A Pennsylvania seller had their home tested for radon and the result was 2.5 pCi/L, which is below the EPA action level of 4.0 pCi/L. Must the seller disclose this test result?
- → A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
- → A Pennsylvania seller is selling a manufactured home that is permanently affixed to a foundation on land the seller also owns. Under 68 Pa.C.S. §7301, is the Seller's Property Disclosure Statement required?
- → A seller in Pennsylvania provides the lead paint disclosure form but forgets to include the EPA pamphlet when selling their 1970 home. Has the seller satisfied the federal lead paint disclosure requirements?
- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
- → In Pennsylvania, the lead paint disclosure form for a pre-1978 home sale must be signed by which parties?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Real Estate Exam Pass Rates by State: 2026 Data Report
Last updated: March 2026 | Sources: State licensing boards, ARELLO, Bureau of Labor Statistics
What to Do When Your Real Estate Exam Study Plan Looks Good on Paper but Keeps Slipping
If you are searching for real estate exam study plan keeps slipping , the practical answer is usually more useful than a motivational one. The biggest...
How to Prepare for the Real Estate Exam If You Learn Better by Writing Things Out
If you are searching for how to prepare for real estate exam by writing notes , the practical answer is usually more useful than a motivational one. The...
Previous Question
A Pennsylvania buyer signs an agreement of sale and only afterward receives the Seller's Property Disclosure Statement, which reveals a previously undisclosed underground oil tank. Under Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Ch. 73), what right does the buyer have because the disclosure was delivered after signing?
Next Question
Under Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. §7302), the term 'material defect' in the context of the required disclosure is BEST defined as which of the following?