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Selling in Pennsylvania After a Mold Problem: Reading Section 19 of the Disclosure Form

Quick answer

Before the agreement of sale is signed, a Pennsylvania seller of a one- to four-unit home generally owes the buyer a written statement of the material defects the seller knows about. The statute doesn't name mold, but the Pennsylvania Association of Realtors' form does: it asks whether you know of any mold tests and whether you've done anything beyond household cleaning to control or remediate mold. You don't have to test. You do have to answer honestly and update the form if you learn more. A written contractor's report helps both sides.

“We had a little mold in the basement a few years back. Do we have to say anything?” The honest answer is that Pennsylvania’s form asks you directly. Under the state’s Real Estate Seller Disclosure Law, the seller of a one- to four-unit home generally has to hand the buyer a signed statement of known material defects, and it has to happen before anyone signs the agreement of sale. The statute doesn’t use the word mold, but the Pennsylvania Association of Realtors’ form does, in two plain questions. You don’t have to test. You do have to answer what you know, and paperwork from a proper repair is the best thing you can hand a buyer.

I’m a mold contractor, not a lawyer. This page explains the public rules and the moisture side. For your sale, talk to your agent and a real estate attorney.

What the law actually requires

The statute is short and readable. The parts sellers ask about most:

Topic What the law says
Which sales Transfers of one to four residential units, including condos and co-ops (for your own unit)
When A signed, dated statement before the agreement of transfer is signed
What Material defects known to the seller
Testing The seller is not obligated to make any specific investigation or inquiry
Honesty No statements the seller knows or has reason to know are false or misleading
Changes If information becomes inaccurate before settlement, the seller must notify the buyer
Deadline for a claim Within two years after final settlement
Warranty? The Commission’s form says the statement is not a warranty of any kind

And the definition that does the heavy lifting: a material defect is a problem that would have a significant adverse impact on the value of the property or involves an unreasonable risk to people on it.

The two mold questions on the form

Here’s a detail most sellers don’t know. Mold isn’t named in the statute or in the State Real Estate Commission’s basic form, whose hazardous substances question lists, including but not limited to, asbestos, PCBs, radon, lead paint and urea-formaldehyde. It’s the Realtors’ Seller’s Property Disclosure Statement, the one most agents use, that asks about it by name. Its section on mold and indoor air quality asks:

  1. Are you aware of any tests for mold, fungi or indoor air quality in the property?
  2. Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like substances?

The same form asks about water leakage, accumulation or dampness in the basement or crawl space, any repairs to control water or dampness, past or present water elsewhere in the house, and whether the roof has leaked during your ownership. Mold almost always comes with one of those, so expect to answer several questions about the same event.

Why a written report matters

This is where my work and the law meet. The statute says a seller isn’t liable for a defect they had a reasonable belief had been corrected, and that a written report from a contractor or inspector, given to the buyer, can protect the seller as to what that report covers. That’s a strong reason to keep paperwork from any mold job: what was found, where the water came from, what was fixed, what was removed and the moisture readings at the end. The EPA’s own test for a finished cleanup is that the moisture problem is fixed, no visible mold or moldy odor remains, and a later revisit shows no new water damage or growth.

What a buyer’s side pays attention to, too: FHA appraisal guidelines tell appraisers to report evidence like a water-stained ceiling or the smell of mold in an attic or crawl space and make the appraisal subject to inspection or repair, and to notify the lender if a basement isn’t free of dampness. A musty basement can slow a sale even when nobody says the word mold.

What can go wrong

A 2018 Superior Court case, Medlock v. Chilmark Home Inspections, shows how these play out. Months after closing, the buyers opened an access panel and found wet, rotting wood and soaked insulation. The court found the sellers’ “no” answer on a disclosure question about alterations violated the law, but that claim failed because no one proved damages caused by the omission. The buying side of the same case is on buying a house with a past mold problem. The lesson for sellers is simple: answer the questions as asked, and don’t count on the outcome of a lawsuit.

Older houses, longer water histories

In Gettysburg borough the median home went up in 1942, by the Census Bureau’s estimate, so a lot of houses here have had a leak or two by now. FEMA’s flood insurance records add 83 claims in ZIP 17325 going back to 1978. If your house has a past leak, a sump story or a basement that was dried out once, the form will ask about it. The Gettysburg housing data page has those numbers, and if you’re near the creeks, homes near Stevens Run and Rock Creek covers the flood map side.

Before you list

Fix the source, document the repair and have the moisture readings in writing. A seller who hands over a folder answers most buyer questions before they’re asked. Buyers reading this side of it can start with buying a house with a past mold problem.

This is John Calhoun at Mold Remediation Gettysburg PA. If you’re getting ready to list, I’ll check the trouble spots and give you a plain written report of what I found. What I check, and how, is on the list of mold services; the bigger picture is on mold remediation in Gettysburg, PA.

More questions from sellers

If I had mold fixed years ago, do I still have to mention it?

The Realtors' form asks whether, other than general household cleaning, you've taken any efforts to control or remediate mold, and it doesn't limit that to the present. The statute adds that a seller isn't liable for a defect they reasonably believed had been corrected, and that handing the buyer a written report from a contractor or inspector can protect the seller as to what that report covers. So answer the question, and attach the paperwork. Ask a real estate attorney how it applies to your sale.

Do I have to get a mold test before I list?

No. The law says a seller is not obligated to make any specific investigation or inquiry to complete the disclosure. What it does require is that you not make statements you know, or have reason to know, are false or misleading. If you know about a musty basement or a past leak, the form has specific questions about water and dampness in basements, crawl spaces and elsewhere. Answer those based on what you know.

Does selling as-is get me out of the disclosure?

Generally no. In Phelps v. Caperoon (2018), the Pennsylvania Superior Court held that an as-is clause doesn't excuse a seller from providing the disclosure statement. The exemptions are written into the law itself, such as certain court-ordered sales, foreclosures, transfers between co-owners or to a spouse or direct descendant, estate fiduciaries and some never-occupied new construction. If you think yours is exempt, confirm it with your attorney.

Getting ready to list?

Have John check it and put the readings in writing

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