Seller Disclosure by State
Understand mandatory disclosure requirements, required forms, and key timelines for sellers in every state. Know your legal obligations before listing your property.
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Seller Disclosure FAQ
What is a seller disclosure form?+
A seller disclosure is a legal document where the property seller lists known defects, repairs, and material facts about the home — roof age, water damage history, lead paint, pest issues, HOA rules, and environmental hazards. Most states require sellers to complete this form before or at the time of listing.
Do all states require seller disclosures?+
No. Most states mandate some form of written disclosure, but a handful — including Alabama, Wyoming, and parts of Massachusetts — operate under "caveat emptor" (buyer beware) with minimal requirements. Even in these states, sellers must still disclose known latent defects that pose safety risks.
What happens if a seller fails to disclose a defect?+
The buyer may have legal grounds to sue for damages, rescind the sale, or negotiate repairs after closing. In states with statutory disclosure requirements, sellers who omit known issues can face fines and civil liability. This is why agents strongly encourage full and honest disclosure.
What is the difference between a disclosure and an inspection?+
A disclosure is the seller's written statement about conditions they know of. An inspection is an independent professional evaluation of the property's current condition. Disclosures cover history (past flooding, past repairs); inspections cover present condition (current roof status, HVAC function).