Do you have to disclose problems when selling a house as-is in PA, NJ, DE or FL?
Short answer
Usually, yes. Selling "as-is" means you won't make repairs, but in all four states you generally still have to tell the buyer about serious problems you know about. Pennsylvania and Delaware require a written disclosure form for most home sales, New Jersey applies its Consumer Fraud Act and a flood-risk disclosure, and Florida courts require sellers to disclose known hidden defects that affect value.
Pennsylvania: the Real Estate Seller Disclosure Law
Pennsylvania's Real Estate Seller Disclosure Law applies to residential real estate transfers. A seller has to disclose any known material defects by completing a property disclosure statement and delivering a signed, dated copy before the agreement of sale is signed (68 Pa.C.S. § 7303). The form covers subjects such as the roof, basement, pests, structural problems, water and sewage, plumbing, heating, electrical, drainage, hazardous substances and legal issues affecting title (§ 7304).
A material defect is a problem that would have a significant adverse impact on the property's value or involves an unreasonable risk to people on it. An old system near the end of its useful life isn't one by itself (68 Pa.C.S. § 7102). You don't have to investigate or open walls, but you can't make representations you know are false or "fail to disclose a known material defect" (§ 7308). A seller who willfully or negligently violates the law is liable for the buyer's actual damages, and the buyer has two years after settlement to sue (§ 7311).
The law lists two exemptions: transfers by a fiduciary while administering a decedent's estate, guardianship, conservatorship or trust, and certain never-occupied new construction (§ 7302). The specific items on the form don't limit any other duty to disclose that exists "to avoid fraud, misrepresentation or deceit" (§ 7313).
New Jersey: no all-purpose statute, but fraud rules apply
New Jersey has no statute like Pennsylvania's that makes every seller fill out one disclosure form. What it has is broad:
- Consumer Fraud Act. Deception, misrepresentation, or "the knowing, concealment, suppression, or omission of any material fact with intent that others rely" on it, in connection with the sale of real estate, is an unlawful practice (N.J.S.A. 56:8-2). How it applies to a particular private sale depends on the facts, so ask a New Jersey attorney.
- Flood risk. A 2023 law requires a seller of New Jersey real property to disclose, on the property condition disclosure statement and before the buyer is bound, whether the property is in a FEMA flood hazard area and what the seller actually knows about its flood risks, including past flood damage, insurance claims and federal flood assistance (N.J.S.A. 56:8-19.2; P.L. 2023, c. 93).
- The disclosure form itself. The state regulates the content of the property condition disclosure statement real estate licensees rely on, including a question about lead plumbing (N.J.S.A. 56:8-19.1).
Delaware: the Buyer Property Protection Act
A Delaware seller of residential property (one to four units) must disclose in writing all material defects known when the property is offered for sale or before final settlement, and update the disclosure for material changes (6 Del. C. § 2572). The Seller's Disclosure of Real Property Condition Report goes to prospective buyers before they make an offer and becomes part of the purchase agreement (§ 2573). Sellers must also pass along any radon test results they have and notify buyers of known radon hazards (§ 2572A).
The form is a good-faith disclosure, not a warranty (§ 2574). Delaware's exemption list is longer than Pennsylvania's. It includes transfers by a fiduciary administering a decedent's estate, guardianship or trust; court-ordered transfers; sheriff's sales; deeds in lieu of foreclosure; transfers between co-owners; transfers to a spouse or to children, grandchildren, parents or other lineal relatives; and divorce property settlements (§ 2577).
Florida: the Johnson v. Davis duty to disclose
Florida's rule comes from its Supreme Court: "where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer" (Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)). Known hidden problems, such as a roof that leaks only in heavy rain, can fall into that category.
Two statutes narrow or add to the rule. A homicide, suicide or death on the property, or an occupant's HIV or AIDS diagnosis, is not a material fact that must be disclosed (Fla. Stat. § 689.25). And at least one document signed at or before the contract must include the state's radon gas notice (Fla. Stat. § 404.056(5)).
Side-by-side: disclosure rules in all four states
| Question | Pennsylvania | New Jersey | Delaware | Florida |
|---|---|---|---|---|
| Main source | 68 Pa.C.S. § 7301 et seq. | N.J.S.A. 56:8-2, 56:8-19.2 | 6 Del. C. § 2570 et seq. | Johnson v. Davis |
| Written form required by statute? | Yes, before the agreement of sale | Flood questions go on the property condition disclosure statement | Yes, before the buyer's offer | No general form; radon notice required |
| What must be disclosed | Known material defects | No knowing concealment of material facts; flood risk | Known material defects; radon information | Known facts materially affecting value that aren't readily observable |
| Estate sales by an executor | Exempt from the form | No specific exemption in the statutes cited here | Exempt from the form | No form to be exempt from |
| Pre-1978 homes | Federal lead-based paint disclosure applies in every state (40 CFR 745 Subpart F) | |||
The federal lead paint rule for pre-1978 homes
For housing built before 1978, the seller must give the buyer an EPA-approved lead hazard pamphlet, disclose any known lead-based paint or hazards, and share available records and reports before the buyer is obligated under the contract (40 CFR 745.107). Buyers get a 10-day period to test unless the parties agree otherwise in writing or the buyer waives it (§ 745.110). Sales at foreclosure are exempt (§ 745.101). The EPA summarizes the rule on its real estate disclosure page.
"As-is" doesn't mean "hide it"
An as-is sale tells the buyer you won't fix anything. It doesn't make known defects disappear. Pennsylvania and Delaware apply their disclosure laws to residential sales unless an exemption applies, and Florida's duty is about what you know, not what you promise to repair. The safest approach is simple: write down what you know, say "unknown" when you don't know, and let the buyer inspect.
When we buy a house as-is, we expect problems. Telling us about them up front helps us make a firm offer that doesn't change later. See our Philadelphia or Tampa pages for the local rules.
Hoarder and estate homes: what to disclose
Executors often never lived in the house and don't know its history. Pennsylvania and Delaware exempt fiduciaries administering an estate from the disclosure form (68 Pa.C.S. § 7302; 6 Del. C. § 2577), but an exemption from the form isn't permission to mislead a buyer. If you've seen water in the basement or a cracked foundation while cleaning out the house, say so. For a hoarder home, disclose damage you can see once items are removed, and be clear about what you couldn't inspect. See selling an inherited house in Pennsylvania and inherited houses in Philadelphia.
Frequently asked questions
Do I have to disclose problems if I sell my house as-is?
Generally, yes. Pennsylvania and Delaware require a written disclosure of known material defects for most residential sales, New Jersey prohibits knowingly concealing material facts and requires flood-risk disclosure, and Florida requires sellers to disclose known hidden defects that materially affect value.
Does an executor have to fill out a disclosure form?
Not in Pennsylvania or Delaware, which exempt fiduciaries selling during the administration of an estate. The exemption covers the form, so it is still wise not to hide problems you know about.
What if I don't know about a problem?
Disclosure duties are about what you know. Pennsylvania says a seller isn't required to investigate and isn't liable for errors the seller had no knowledge of. Answer honestly and mark items you don't know as unknown.
Do I have to disclose a death in the house in Florida?
No. Florida law says a homicide, suicide or death on the property is not a material fact that must be disclosed in a real estate transaction.
Does the lead paint rule apply to a cash sale?
Yes, if the home was built before 1978. The federal rule applies to sales of pre-1978 housing whether or not a lender is involved, with exceptions such as sales at foreclosure.
Can a buyer sue me after closing for something I didn't disclose?
It is possible. In Pennsylvania, a seller who willfully or negligently fails to disclose is liable for the buyer's actual damages, and the buyer has two years after settlement to sue. Other states rely on fraud and consumer protection law.
Sources
- Pennsylvania General Assembly, Real Estate Seller Disclosure Law: 68 Pa.C.S. § 7302, § 7303, § 7304, § 7308, § 7311, § 7313; definitions, § 7102
- New Jersey Statutes: 56:8-2, 56:8-19.1, 56:8-19.2; New Jersey Legislature, P.L. 2023, c. 93
- Delaware Code, Title 6, Chapter 25, Subchapter VII (Buyer Property Protection Act, §§ 2570–2578)
- Supreme Court of Florida, Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) (opinion text via CourtListener)
- Florida Statutes: § 689.25, § 404.056
- U.S. EPA, 40 CFR Part 745, Subpart F and Real Estate Disclosures about Potential Lead Hazards
This is general information, not legal or tax advice. Disclosure duties depend on the facts and on how courts apply the law. Talk to a real estate attorney in your state before you fill out a disclosure form or sign a contract.