In Pennsylvania, which of the following is NOT a required disclosure?
Question & Answer
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Known defects
Lead-based paint (pre-1978 homes)
Lead-based paint disclosure is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. § 4852d) for all pre-1978 homes, and Pennsylvania sellers must comply with this federal mandate, making it a required disclosure.
Property tax amount
While the property tax amount is not explicitly listed in the Seller Disclosure Law's mandated items, buyers are routinely informed of tax obligations through the disclosure statement's financial section and settlement documents, and agents have a duty to ensure buyers understand ongoing tax liabilities.
Recent deaths in the property
Why is this correct?
Pennsylvania law, specifically the Real Estate Seller Disclosure Law (68 Pa. C.S. § 7301 et seq.) and the stigmatized property statute (68 Pa. C.S. § 7304), explicitly exempts sellers from disclosing deaths, murders, suicides, or the fact that a prior occupant had HIV/AIDS. Because recent deaths in a property are classified as psychological stigmas rather than material physical defects, disclosure is not required and agents cannot be held liable for failing to mention them.
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