A Pennsylvania seller inherited a property and lived in it for only six months before selling. The seller has limited knowledge of the property's history. On the disclosure form, the seller marks most items as 'unknown.' A buyer later discovers that there was a documented oil tank removal on the property 10 years ago, before the seller's ownership. Under 68 Pa.C.S. §7308 and §7311, is the seller liable?
Correct Answer
C) No, because the seller had no actual knowledge of the oil tank removal and had no duty to investigate
Under 68 Pa.C.S. §7308, the seller has no duty to make any specific investigation. Combined with §7311, which bases liability on the seller's actual knowledge, a seller who genuinely did not know about a prior oil tank removal is not liable for failing to disclose it.
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
Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
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
Under Pennsylvania law, a buyer exercises the 10-day rescission right after receiving a late Seller's Property Disclosure Statement. What happens to the buyer's deposit?
Next Question
A Pennsylvania listing agent assists the seller in completing the Seller's Property Disclosure Statement. The agent notices that the seller checked 'no' for foundation problems, but the agent personally observed a large crack in the foundation during the listing appointment. What should the agent do?