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?
Correct Answer
D) Discuss the observed crack with the seller and recommend accurate disclosure, and independently disclose the material defect to the buyer
A licensee who observes a material defect has an independent duty to disclose it to the buyer under RELA. The agent should discuss the observation with the seller and recommend accurate disclosure, and if the seller refuses, the agent must still disclose the known defect.
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Related Topics & Key Terms
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Related Concepts
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.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
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?
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Previous Question
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?
Next Question
A buyer in Pennsylvania receives the Seller's Property Disclosure Statement, which reports that the property has a septic system. The disclosure states the system was last pumped two years ago and is in 'good condition.' After closing, the buyer learns the seller knew the system was failing and had received a condemnation notice from the township. What legal action can the buyer take under 68 Pa.C.S. §7311?