Montco Selling a house as-is in Pennsylvania
You can sell a house as-is in Pennsylvania, meaning you won't make repairs, but "as-is" doesn't remove your duty to disclose. Most sellers of 1–4 unit homes must give buyers a disclosure statement listing known material defects before the agreement of sale is signed (68 Pa.C.S. §7303).
What "as-is" does and doesn't change
- It does tell the buyer you won't repair or credit for problems.
- It doesn't remove the Seller Disclosure Law. You must disclose material defects you know about. You don't have to investigate for ones you don't know about (§7308).
A "material defect" is a problem with a significant adverse effect on the property's value or an unreasonable risk to people. Something that's simply old or near the end of its useful life isn't a material defect for that reason alone (§7102).
Who doesn't have to fill out the disclosure
The law covers 1–4 unit residential sales (§7103(a)). Exempt transfers include:
- executors and other fiduciaries selling estate, guardianship or trust property (§7302);
- court-ordered sales, foreclosures and deeds in lieu;
- transfers between co-owners, to a spouse or lineal relative, and between spouses under a divorce decree or settlement;
- property the buyer will demolish or convert to non-residential use (§7103(b)).
Lead paint (homes built before 1978)
Federal law applies even when the state disclosure doesn't. Before the buyer is bound, the seller must give the EPA lead pamphlet, disclose any known lead paint or hazards, and hand over any lead reports. The buyer gets 10 days for a lead inspection unless both agree in writing to a different period or the buyer waives it in writing (42 U.S.C. §4852d; 40 CFR 745.110). Estate sales aren't exempt; foreclosure sales are.
New: flood disclosure
Act 74 of 2026 adds flood questions to Pennsylvania's disclosure form (past flood damage, flood zone, required flood insurance, flood claims) and a standard flood-insurance notice. It takes effect around late December 2026. Check that you're using the current form.
Municipal resale inspections (U&O)
Many Montgomery County towns require an inspection and a use and occupancy certificate before a sale. Norristown, Pottstown and Bridgeport all do. Under the state Municipal Code and Ordinance Compliance Act:
- if the inspection finds violations that aren't "substantial," the town must issue a temporary certificate so the buyer can move in and fix them;
- if it finds a substantial violation, it issues a temporary access certificate: the buyer can enter to repair, but nobody new can move in;
- the buyer generally has 12 months to fix the problems, and the town can't require an escrow or bond.
This is what lets an as-is house sell even when it can't pass inspection yet.
Common questions
Can I sell my house as-is in Pennsylvania?
Yes. You can refuse to make repairs, but most sellers must still disclose known material defects on the state disclosure form before the agreement of sale (68 Pa.C.S. §7303).
Do I have to disclose problems if I'm selling as-is?
Generally yes. As-is doesn't remove the duty to disclose known material defects, unless the sale is exempt, such as an executor selling estate property (68 Pa.C.S. §7302, §7308).
What if my house can't pass the town's resale inspection?
Under the Municipal Code and Ordinance Compliance Act, the town issues a temporary certificate for non-substantial violations, or a temporary access certificate for substantial ones, and the buyer generally gets 12 months to make the repairs.
Does lead-paint disclosure apply to as-is sales?
Yes, for homes built before 1978. The seller must disclose known lead hazards and give the EPA pamphlet; estate sales are not exempt (42 U.S.C. §4852d).
Sources: 68 Pa.C.S. §7303, §7302, §7103, §7305.2; Municipal Code and Ordinance Compliance Act (Act 99 of 2000); 42 U.S.C. §4852d; Norristown U&O. Checked November 15, 2026.