4.4 Pennsylvania Environmental Issues and Special Topics

Lead-Based Paint: The Federal Floor

For any residential property built before 1978, the federal Residential Lead-Based Paint Hazard Reduction Act (Title X) governs, enforced by the EPA and HUD. The duties apply to sellers, landlords, and the licensees representing them:

Trap: The 1978 cutoff is the construction date, not the sale date. A 1977 home triggers the rule; a 1979 home does not. The 10-day period is for the buyer's lead inspection, not a general home inspection.

Radon: A Pennsylvania Signature Issue

Pennsylvania sits over uranium-rich geology and has among the highest indoor radon levels in the nation — the EPA action level is 4.0 picocuries per liter (pCi/L), and large portions of the state routinely exceed it. Radon is a colorless, odorless radioactive gas and the second-leading cause of lung cancer.

Underground Storage Tanks (USTs)

Many older Pennsylvania homes used heating-oil tanks, frequently buried. Known tanks — in use, abandoned, or removed — and any contamination are material facts that must be disclosed. Soil contamination from a leaking tank can cost tens of thousands to remediate, and both current and former owners can bear liability, so an environmental assessment is prudent before purchase.

The Seller's Property Disclosure Statement

Pennsylvania's Real Estate Seller Disclosure Law (68 Pa.C.S. Section 7301 et seq.) requires the seller of most residential property of one to four units to complete a Seller's Property Disclosure Statement and deliver it to the buyer before the agreement of sale is signed. It captures defects across systems, sewage, water, environmental hazards, and prior repairs.

On-lot (septic) sewage

Under the Pennsylvania Sewage Facilities Act (Act 537), on-lot systems require permits for installation and repair, and many municipalities require a point-of-sale inspection or pumping. A failing or malfunctioning system is a material defect.

Real Estate Auctions

Auctioning real property in Pennsylvania can require both an auctioneer license and, for the real estate brokerage services, compliance with RELRA. Know the auction types:

Condominiums and the Section 3407 Resale Right

The Pennsylvania Uniform Condominium Act (UCA), 68 Pa.C.S. Chapter 34, governs resales of existing condo units. Before conveyance, the seller must deliver a resale certificate (Section 3407) disclosing assessments, budget, reserves, liens, and rules. The cancellation right is a top exam fact:

Worked example: A buyer signs to purchase a resale condo on the 1st but receives the resale certificate on the 6th. The buyer may rescind for any reason through the 11th (five days after delivery). Had the certificate been delivered before signing, the five-day clock would run from the contract date.

Trap: The condo cancellation period is 5 days from delivery of the resale certificate, not from the contract date and not 3 or 10 days. Do not confuse it with the lead-paint 10-day inspection window.

Stormwater, Wetlands, and Stigmatized Property

A few special topics round out the chapter. Pennsylvania's Department of Environmental Protection (DEP) regulates wetlands and floodplain development; a buyer purchasing near water should be told that wetlands may restrict building and that flood-zone status affects insurance cost and lender requirements. Mine subsidence is a real Pennsylvania concern in former coal regions, where the state offers subsidence insurance and disclosure of known mining is prudent.

Finally, the Real Estate Seller Disclosure Law expressly states that a seller is not required to disclose psychologically stigmatizing events — a death, suicide, or alleged haunting on the property are not material defects under Pennsylvania law and need not be volunteered. This is a favorite trap: a candidate's instinct says "disclose everything," but Pennsylvania draws the line at physical/material conditions, not psychological stigma.

Worked example: A buyer asks an agent whether anyone died in the home. The agent knows a prior owner passed away there. Under Pennsylvania's disclosure law the death is not a material defect, so silence is permissible — but the agent must never affirmatively lie if directly asked, and many brokers counsel deferring the question to the seller. Misrepresentation, even about a non-material fact, can still expose a licensee to a RELRA claim under 4.2.