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When you're selling your home, it's important to be upfront about any known defects. This is not only the right thing to do, but it can also protect you from legal liability down the road. Property disclosures generally cover a wide range of known defects including, but not limited to:

    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Radon gas
    • Lead-based paint
    • Problems with the electrical or plumbing systems
    • Environmental hazards
    • Noncompliant structures
    • Liens or easements
    • Any other defects that could pose a health or safety hazard to the buyer
    • Any defect that could potentially financially damage the buyer

There are a number of reasons why it's good to disclose, even if you're not legally required to do so. First, it gives buyers the information they need to make an informed decision about the property. Second, it can help to avoid any surprises after the sale. Third, it can build trust and goodwill with buyers, which could lead to a smoother and more successful sale.

The disclosure laws of each state vary, so it's important to familiarize yourself with the laws in your state before you buy or sell a home. In some states, sellers are required to disclose all known material defects, while in other states, sellers are only required to disclose defects that are "material" or "significant."

There are also different types of disclosure laws. Some states have mandatory disclosure laws, which means that sellers are required to disclose all known material defects, regardless of whether the buyer asks about them. Other states have voluntary disclosure laws, which means that sellers are not required to disclose defects unless the buyer asks about them.

Even if you're not legally required to disclose a defect, it's still a good idea to do so. This is especially true if the defect is something that could potentially harm the buyer or their property.

By disclosing defects, you can protect yourself from legal liability and help to ensure that the sale goes smoothly. You can also build trust and goodwill with the buyer, which could lead to a long-term relationship.

Here are some examples of different types of disclosure laws:

  • Mandatory disclosure laws:These laws require sellers to disclose all known material defects, regardless of whether the buyer asks about them.
  • Voluntary disclosure laws:These laws allow sellers to disclose defects, but they are not required to do so.
  • Limited disclosure laws:These laws only require sellers to disclose certain types of defects, such as those that are considered to be material or significant.

It's important to familiarize yourself with the disclosure laws of your state so that you know what you're required to disclose and what you can choose to disclose voluntarily. This will help to protect you from legal liability and ensure that the sale of your home goes smoothly. See the general seller disclosure laws for your state below. Or, you can see a comprehensive explanation here.

Alabama

  • Alabama is a "buyer beware" state, which means that sellers are not legally required to disclose all known defects in the property to buyers.
  • However, sellers are required to disclose any known conditions that affect the health or safety of a prospective purchaser. This includes defects such as radon gas, lead paint, and flooding.
  • Sellers are also encouraged to disclose other defects that they are aware of, even if they do not believe that the defect affects the health or safety of the buyer.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages.
  • However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.

Alaska

  • Alaska is a "disclosure" state, which means that sellers are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The Alaska Department of Commerce, Community, and Economic Development has created a sample disclosure form that sellers can use.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure form must be given to the buyer before they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Arizona

  • Arizona is a "disclosure" state, which means that sellers are legally required to disclose all known defects in the property to buyers. This includes defects such as radon gas, lead paint, flooding, and any other condition that could materially affect the value of the property. Sellers are also required to disclose any known easements, liens, or other encumbrances on the property.
  • The Arizona disclosure law requires sellers to provide buyers with a completed written disclosure statement. The disclosure statement must be in substantially the same form as the sample form provided by the Arizona Department of Real Estate. The disclosure statement must be delivered to the buyer before the buyer makes a written offer to purchase the property.
  • There are a few exceptions to the Arizona disclosure law. For example, sellers are not required to disclose defects that are readily apparent to the buyer, such as a broken window. Sellers are also not required to disclose defects that are the result of the buyer's own inspection of the property.
  • If you are selling a home in Arizona, it is important to be aware of your disclosure obligations. By disclosing all known defects to buyers, you can help to avoid potential legal problems down the road.

Arkansas

  • Arkansas is a "buyer beware" state, which means that sellers are not legally required to disclose all known defects in the property to buyers. However, there are a few exceptions to this rule.
  • Sellers in Arkansas are required to disclose any known defects that materially affect the value of the property. This includes defects such as radon gas, lead paint, flooding, and any other condition that could make the property unsafe or uninhabitable.
  • Sellers are also required to disclose any known easements, liens, or other encumbrances on the property. This means that sellers must disclose any rights that other people have to use the property, such as a right of way or an easement for utilities.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.
  • You are not required to disclose defects that are readily apparent to the buyer. For example, if there is a broken window, the buyer does not need to be told about it.
  • You are not required to disclose defects that are the result of the buyer's own inspection of the property. For example, if the buyer hires a home inspector and the inspector finds a defect, the seller does not need to disclose that defect to the buyer.
  • If you are unsure whether or not you need to disclose a particular defect, it is best to err on the side of caution and disclose it. This will help to protect you from legal liability down the road.

California

  • California is a "disclosure" state, which means that sellers are legally required to disclose all known defects in the property to buyers. This includes defects such as radon gas, lead paint, flooding, and any other condition that could materially affect the value of the property. Sellers are also required to disclose any known easements, liens, or other encumbrances on the property.
  • The California disclosure law requires sellers to provide buyers with a completed written disclosure statement. The disclosure statement must be in substantially the same form as the sample form provided by the California Department of Real Estate. The disclosure statement must be delivered to the buyer before the buyer makes a written offer to purchase the property.
  • There are a few exceptions to the California disclosure law. For example, sellers are not required to disclose defects that are readily apparent to the buyer, such as a broken window. Sellers are also not required to disclose defects that are the result of the buyer's own inspection of the property.
  • The California disclosure law also requires sellers to disclose any known environmental hazards on the property. This includes hazards such as asbestos, mold, and underground storage tanks.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.

Colorado

  • Colorado is a "disclosure" state, which means that sellers are legally required to disclose all known defects in the property to buyers. This includes defects such as radon gas, lead paint, flooding, and any other condition that could materially affect the value of the property. Sellers are also required to disclose any known easements, liens, or other encumbrances on the property.
  • The Colorado disclosure law requires sellers to provide buyers with a completed written disclosure statement. The disclosure statement must be in substantially the same form as the sample form provided by the Colorado Department of Regulatory Agencies. The disclosure statement must be delivered to the buyer before the buyer makes a written offer to purchase the property.
  • There are a few exceptions to the Colorado disclosure law. For example, sellers are not required to disclose defects that are readily apparent to the buyer, such as a broken window. Sellers are also not required to disclose defects that are the result of the buyer's own inspection of the property.
  • The Colorado disclosure law also requires sellers to disclose any known environmental hazards on the property. This includes hazards such as asbestos, mold, and underground storage tanks.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.

Connecticut

  • Connecticut is a "disclosure" state, which means that sellers are legally required to disclose all known defects in the property to buyers. This includes defects such as radon gas, lead paint, flooding, and any other condition that could materially affect the value of the property. Sellers are also required to disclose any known easements, liens, or other encumbrances on the property.
  • The Connecticut disclosure law requires sellers to provide buyers with a completed written disclosure statement. The disclosure statement must be in substantially the same form as the sample form provided by the Connecticut Department of Consumer Protection. The disclosure statement must be delivered to the buyer before the buyer makes a written offer to purchase the property.
  • There are a few exceptions to the Connecticut disclosure law. For example, sellers are not required to disclose defects that are readily apparent to the buyer, such as a broken window. Sellers are also not required to disclose defects that are the result of the buyer's own inspection of the property.
  • The Connecticut disclosure law also requires sellers to disclose any known environmental hazards on the property. This includes hazards such as asbestos, mold, and underground storage tanks.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.

Delaware

  • Delaware is a "disclosure" state, which means that sellers are legally required to disclose all known defects in the property to buyers. This includes defects such as radon gas, lead paint, flooding, and any other condition that could materially affect the value of the property. Sellers are also required to disclose any known easements, liens, or other encumbrances on the property.
  • The Delaware disclosure law requires sellers to provide buyers with a completed written disclosure statement. The disclosure statement must be in substantially the same form as the sample form provided by the Delaware Department of State. The disclosure statement must be delivered to the buyer before the buyer makes a written offer to purchase the property.
  • There are a few exceptions to the Delaware disclosure law. For example, sellers are not required to disclose defects that are readily apparent to the buyer, such as a broken window. Sellers are also not required to disclose defects that are the result of the buyer's own inspection of the property.
  • The Delaware disclosure law also requires sellers to disclose any known environmental hazards on the property. This includes hazards such as asbestos, mold, and underground storage tanks.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.

Florida

  • Florida is not a "disclosure" state, which means that sellers are not legally required to disclose all known defects in the property to buyers. However, there are a few exceptions to this rule.
  • Sellers in Florida are required to disclose any known defects that materially affect the value of the property. This includes defects such as radon gas, lead paint, flooding, and any other condition that could make the property unsafe or uninhabitable.
  • Sellers are also required to disclose any known easements, liens, or other encumbrances on the property. This means that sellers must disclose any rights that other people have to use the property, such as a right of way or an easement for utilities.
  • If a seller fails to disclose a known defect and the buyer later discovers the defect, the buyer may be able to sue the seller for damages. However, the buyer will need to prove that the seller knew about the defect and that the defect caused the buyer damages.
  • You are not required to disclose defects that are readily apparent to the buyer. For example, if there is a broken window, the buyer does not need to be told about it.
  • You are not required to disclose defects that are the result of the buyer's own inspection of the property. For example, if the buyer hires a home inspector and the inspector finds a defect, the seller does not need to disclose that defect to the buyer.
  • If you are unsure whether or not you need to disclose a particular defect, it is best to err on the side of caution and disclose it. This will help to protect you from legal liability down the road.

Georgia

  • Georgia does not have a specific state law requiring sellers to disclose known defects in a property. However, sellers are still legally obligated to disclose any latent or known material defects in the condition of the home.
  • A latent defect is a defect that is not readily observable by a buyer during a reasonable inspection of the property. A material defect is a defect that is significant enough to affect the value of the property or the buyer's decision to purchase the property.
  • If a seller fails to disclose a latent or known material defect, the buyer may be able to sue the seller for damages.
  • There are a few exceptions to the disclosure requirement in Georgia. For example, sellers are not required to disclose defects that were caused by the buyer or that were known to the buyer before the purchase.
  • It is important for sellers to be aware of their disclosure obligations in Georgia. If you are selling a home in Georgia, it is a good idea to consult with an attorney to discuss your specific disclosure obligations.

Hawaii

  • Hawaii has a mandatory seller disclosure law.This means that sellers of residential real property in Hawaii are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Hawaii Association of Realtors.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer within ten calendar days after accepting a prospective buyer's real estate purchase offer.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Idaho

  • Idaho has amandatory seller disclosure law. This means that sellers of residential real property in Idaho are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Idaho Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer within10 daysof the date of their offer to purchase your property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Illinois

  • Illinois has a mandatory seller disclosure law.This means that sellers of residential real property in Illinois are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Illinois Association of REALTORS®.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore the purchase agreement is signed.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Indiana

  • Indiana has a mandatory seller disclosure law.This means that sellers of residential real property in Indiana are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Indiana Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore an offer is accepted.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • has a specific exemption for "psychologically affected" properties. This means that sellers are not required to disclose whether someone died on the property, or if there have been any other incidents that could potentially make buyers feel uncomfortable.

Iowa

  • Iowa has a mandatory seller disclosure law.This means that sellers of residential real property in Iowa are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Iowa REALTORS® Association.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Kansas

  • Kansas has a mandatory seller disclosure law.This means that sellers of residential real property in Kansas are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Kansas Association of REALTORS®.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Kentucky

  • Kentucky has a mandatory seller disclosure law.This means that sellers of residential real property in Kentucky are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Kentucky Association of REALTORS®.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Louisiana

  • Louisiana has a mandatory seller disclosure law. This means that sellers of residential real property in Louisiana are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Louisiana Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer before the purchase contract is signed.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • The Louisiana disclosure form also includes a section where the seller must disclose whether they have received any notices of environmental contamination on the property. This includes notices from the Environmental Protection Agency (EPA) or the Louisiana Department of Environmental Quality (LDEQ).

Maine

  • Maine has aseller disclosure law.This means that sellers of residential real property in Maine are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Maine Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer before they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • The Maine disclosure law also has a catchall provision that requires sellers to disclose any other defects that they know about and that they believe would be important to a buyer in making an informed decision about the property.

Maryland

  • Maryland has aseller disclosure law.This means that sellers of residential real property in Maryland are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller.The seller can use a standard disclosure form, such as the one provided by the Maryland Department of Housing and Community Development.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The Maryland disclosure form is called the Residential Property Disclosure and Disclaimer Statement.
  • The disclosure must be given to the buyer before they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Massachusetts

  • Massachusetts is a "caveat emptor" state, which means that buyers are responsible for inspecting the property and discovering any defects before they buy it. However, there are a few specific defects that sellers are required to disclose to buyers in Massachusetts.
  • These defects include:
    • Lead-based paint:If the property was built before 1978, the seller must disclose whether or not there is lead-based paint on the property.
    • Septic system:If the property has a septic system, the seller must disclose whether or not the system is working properly.
    • Environmental contamination:If the property is located in an area that has been contaminated by environmental hazards, the seller must disclose this information to the buyer.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • There is no specific disclosure form that sellers must use in Massachusetts. However, there are a number of standard disclosure forms that are available, and sellers are encouraged to use one of these forms.
  • The disclosure must be given to the buyerbefore they make an offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.

Michigan

  • Michigan has a mandatory seller disclosure law. This means that sellers of residential real property in Michigan are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Michigan Department of Licensing and Regulatory Affairs.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Minnesota

  • Minnesota has a mandatory seller disclosure law. This means that sellers of residential real property in Minnesota are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Minnesota Department of Commerce.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Mississippi

  • Mississippi has a mandatory seller disclosure law. This means that sellers of residential real property in Mississippi are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Mississippi Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Missouri

  • Missouri has no mandatory seller disclosure law. This means that sellers of residential real property in Missouri are not required to disclose any defects in the property to buyers before the sale is finalized.
  • However, sellers in Missouri may still be required to disclose defects if they are considered "material defects" under the law. A material defect is a defect that is significant enough to affect the value of the property or the buyer's decision to purchase the property. Whether or not a defect is considered material will depend on the specific circumstances of the case.
  • If you are selling a property in Missouri, and you are aware of any defects on the property, it is important to consult with an attorney to determine whether or not you are required to disclose the defects to the buyer.
  • The Missouri Real Estate Commission does provide a Seller's Property Condition Report (SPCR) that sellers can use to disclose defects in the property. The SPCR is not required by law, but it is a good way to document the condition of the property and to protect yourself from liability in the future.

Montana

  • Montana does not have a mandatory seller disclosure law. This means that sellers of residential real property in Montana are not required to disclose any defects in the property to buyers before the sale is finalized.
  • However, sellers in Montana may still be required to disclose defects if they are considered "material defects" under the law. A material defect is a defect that is significant enough to affect the value of the property or the buyer's decision to purchase the property. Whether or not a defect is considered material will depend on the specific circumstances of the case.
  • If you are selling a property in Montana, and you are aware of any defects on the property, it is important to consult with an attorney to determine whether or not you are required to disclose the defects to the buyer.
  • There is no standard disclosure form that sellers must use in Montana. However, there are a number of standard disclosure forms that are available, and sellers are encouraged to use one of these forms.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable. If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Nebraska

  • Nebraska has a mandatory seller disclosure law. This means that sellers of residential real property in Nebraska are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Nebraska Department of Revenue.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make a written offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Nevada

  • Nevada has a mandatory seller disclosure law. This means that sellers of residential real property in Nevada are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Nevada Real Estate Division.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerat least ten days before the closing of the sale.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

New Hampshire

  • New Hampshire has a limited seller disclosure law. This means that sellers of residential real property in New Hampshire are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make an offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

New Jersey

  • New Jersey does not have a mandatory seller disclosure law. This means that sellers of residential real property in New Jersey are not required to disclose any known material defects in the property to buyers before the sale is finalized.
  • However, there is a common law obligation for sellers to disclose known material defects to buyers. This means that sellers may be liable to buyers for damages if they fail to disclose a known material defect, even if there is no law requiring them to do so.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • There is no standard disclosure form that sellers must use in New Jersey.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

New Mexico

  • New Mexico has a limited seller disclosure law. This means that sellers of residential real property in New Mexico are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make an offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • New Mexico does not have a catchall provision, so sellers are only required to disclose defects that are specifically listed in the law.

New York

  • New York has a mandatory seller disclosure law. This means that sellers of residential real property in New York are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the New York State Department of State.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make an offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

North Carolina

  • North Carolina has a mandatory seller disclosure law. This means that sellers of residential real property in North Carolina are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the North Carolina Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerno later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Ohio

  • Ohio has a limited seller disclosure law. This means that sellers of residential real property in Ohio are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Radon gas
    • Lead-based paint
    • Problems with the electrical or plumbing systems
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerbefore they make an offer on the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Oklahoma

  • Oklahoma has two seller disclosure laws:
    • The Home Seller's Property Condition Disclosure Act:This law requires sellers of residential real property in Oklahoma to disclose anyknownmaterial defects in the property to buyers before the sale is finalized.
    • The Residential Property Condition Disclosure Statement:This law allows sellers to choose to disclose known material defects in the property, or to provide a disclaimer stating that they are not aware of any defects.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • TheHome Seller's Property Condition Disclosure Actrequires sellers to disclose defects that arematerialto the property's value or suitability for its intended use.
  • TheResidential Property Condition Disclosure Statementdoes not define what constitutes a "material" defect, so sellers should err on the side of caution and disclose any defects that they are aware of.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Oregon

  • Oregon has a mandatory seller disclosure law. This means that sellers of residential real property in Oregon are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Oregon Real Estate Agency.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerat least 10 days before the closing of the sale.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Pennsylvania

  • Pennsylvania has a mandatory seller disclosure law. This means that sellers of residential real property in Pennsylvania are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Pennsylvania Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerat least 15 days before the closing of the sale.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Rhode Island

  • Rhode Island has a mandatory seller disclosure law. This means that sellers of residential real property in Rhode Island are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Rhode Island Department of Environmental Management.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer at least 10 days before the closing of the sale.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • Rhode Island has a catchall provision, which means that sellers are required to disclose any other defects that they know about and that they believe would be important to a buyer in making an informed decision about the property.
  • The disclosure must also include information about the property's radon levels, if any.

South Carolina

  • South Carolina has a limited seller disclosure law. This means that sellers of residential real property in South Carolina are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.

Here are some additional things to keep in mind about South Carolina's real estate disclosure law:

  • The disclosure must be given to the buyerno later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • South Carolina does not have a catchall provision, so sellers are only required to disclose defects that are specifically listed in the law.
  • The South Carolina disclosure form also includes a section where the seller must disclose whether they have received any notices of environmental contamination on the property. This includes notices from the Environmental Protection Agency (EPA) or the South Carolina Department of Environmental Protection (SCDEQ).
  • Sellers must also provide the buyer with a copy of any lead-based paint disclosure form that was completed at the time the property was built or renovated.

South Dakota

  • South Dakota has a limited seller disclosure law. This means that sellers of residential real property in South Dakota are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Tennessee

  • Tennessee has a mandatory seller disclosure law. This means that sellers of residential real property in Tennessee are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Tennessee Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerno later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Texas

  • Texas has a mandatory seller disclosure law. This means that sellers of residential real property in Texas are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Texas Real Estate Commission (TREC).
  • The disclosure must cover a wide range of potential defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Radon gas
    • Lead-based paint
    • Problems with the electrical or plumbing systems
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

Utah

  • Utah has a limited seller disclosure law. This means that sellers of residential real property in Utah are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyerno later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • Utah does not have a catchall provision, so sellers are only required to disclose defects that are specifically listed in the law.

Vermont

  • Vermont has a mandatory seller disclosure law. This means that sellers of residential real property in Vermont are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Vermont Department of Health.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • Sellers must also provide the buyer with a copy of any lead-based paint disclosure form that was completed at the time the property was built or renovated.

Virginia

  • Virginia has a limited seller disclosure law. This means that sellers of residential real property in Virginia are not required to disclose all known material defects in the property to buyers before the sale is finalized.
  • However, sellers are required to disclose certain defects, including:
    • Structural defects
    • Flooding or water damage
    • Pest infestations
    • Any other defects that could pose a health or safety hazard to the buyer
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • The buyer and seller can agree to waive the disclosure requirement, but this is not advisable.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • Virginia does not have a catchall provision, so sellers are only required to disclose defects that are specifically listed in the law.
  • Sellers of properties in Virginia that were built before 1978 must also provide buyers with a copy of the property's lead-based paint disclosure form.

Washington

  • Washington has a mandatory seller disclosure law. This means that sellers of residential real property in Washington are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Washington State Real Estate Commission.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.

West Virginia

  • West Virginia does not have any specific laws requiring sellers of residential real property to disclose any known material defects to buyers before the sale is finalized.
  • However, sellers may still choose to disclose this information voluntarily.
  • If you are considering buying a home in West Virginia, you should do your own due diligence to learn as much as you can about the property, including its history and any potential defects. You may want to have the property inspected by a qualified professional.
  • It is important to note that West Virginia courts have held that sellers are not required to disclose defects that they are not aware of, even if they could have been discovered with reasonable diligence.

Wisconsin

  • Wisconsin has a mandatory seller disclosure law. This means that sellers of residential real property in Wisconsin are required to disclose all known material defects in the property to buyers before the sale is finalized.
  • The disclosure must be made in writing and signed by the seller. The seller can use a standard disclosure form, such as the one provided by the Wisconsin REALTORS® Association.
  • Sellers are not required to disclose defects that they are not aware of, but they are required to disclose defects that they have been told about by a third party.
  • Sellers who fail to disclose a known material defect may be liable to the buyer for damages.
  • The disclosure must be given to the buyer no later than the time the purchaser makes an offer to purchase, exchange, or option the property.
  • If the seller fails to disclose a known material defect, the buyer may be able to sue the seller for misrepresentation, negligence, suppression of material facts, or even fraud.
  • Sellers of properties in Wisconsin that are located in a floodplain must also disclose this information to buyers. This is because these properties may be subject to certain restrictions, such as flood insurance requirements.

Wyoming

  • Wyoming has no seller disclosure regulations. This means that sellers of residential real property in Wyoming are not required to disclosany known material defects to buyers before the sale is finalized.
  • Caveat emptor is the legal principle that applies in Wyoming, which means "let the buyer beware." This means that buyers are responsible for inspecting the property and discovering any defects before they buy it.
  • This article does not constitute legal advice. If you need legal advice, please consult a real estate attorney. Disclosures.ai doesn’t guarantee the accuracy of any of the information provided in this article.