Short answer
Under section 7311 of the Real Estate Seller Disclosure Law, damages are limited to the buyer's actual damages, and the limitations period is two years from settlement. Sellers are not liable for errors they did not know about, though knowing concealment is another matter.
The statute's limits
Section 7311 of Title 68 says a buyer's damages for a violation of the disclosure law are limited to actual damages suffered. It also sets a two-year statute of limitations measured from the date of settlement. The two years are not a promise that a claim is safe after that time under every other legal theory, so ask an attorney about related claims.
Protection for innocent mistakes
Sections 7309 and 7310 say sellers and agents have no liability for errors they did not know about, and an agent is protected unless the agent had actual knowledge of an undisclosed material defect. Section 7308 says a seller need not investigate. These rules protect honest sellers who answered truthfully based on what they knew.
Where sellers get in trouble
Trouble comes from knowing about a defect and hiding it. Conflicting statements, repairs painted over and refusal to answer questions can all feed a claim. Keep invoices and photos. If you were unsure, say you were unsure instead of guessing.
Practical steps
Answer each question on the form honestly. Update the buyer if facts change. Keep a closing file for several years. This page is general information and not legal advice. A Pennsylvania real estate attorney can explain how your facts fit the statute. Questions about whether a claim is still open belong with a lawyer. Deadlines can differ by the type of claim, and this page cannot say how a court would treat a particular dispute.
Selling for cash instead
Some owners want a clean break from future disputes about an old house and compare cash. Kaizen Home Buyers buys houses for cash, as-is, with no repairs and no agent commission. We can make an offer within 24 hours and close in 14 to 30 days, or on the date you choose. Call 267-329-0084.