Seller Disclosure Requirements
in Utah

In years litigating real estate disputes across Utah, I’ve seen the principle of “caveat emptor,” or “buyer beware,” consistently misunderstood. While Utah law does place a significant burden of due diligence on the buyer, it is not a free pass for sellers to hide problems. The core of the state's approach is rooted in the concept of disclosing known, material defects—issues that could influence a reasonable buyer's decision. The primary vehicle for this is the Utah Association of Realtors' (UAR) standard Seller's Property Condition Disclosure form, which is incorporated by reference into nearly every Real Estate Purchase Contract (REPC) from St. George to Logan. This isn't a state-mandated document, but its universal use creates a contractual obligation. Answering the question of **what must sellers disclose** begins with understanding that you must reveal any known fact that materially and adversely affects the property's value. The focus of any future legal battle will be on what you *actually knew* and when you knew it, making this form a critical piece of evidence in any potential **seller disclosure Utah** dispute.

Specifically, the **Utah seller disclosure form** guides sellers through a comprehensive checklist of a home’s vital systems and conditions. You are legally required to answer each question to the best of your actual knowledge. This includes everything from the basics of the roof, plumbing, and electrical systems to more nuanced issues. Market trends show cases hinge on a seller's failure to mention a slow drain that signaled a significant sewer line problem, or a past ice damming issue that was painted over but not properly repaired. The form explicitly asks about structural problems, water intrusion (a huge issue in basements across the Salt Lake Valley during spring runoff), pest infestations like termites or carpenter ants, and the history of any major repairs. This **property disclosure** must also cover non-physical items like boundary disputes with a neighbor, enforceable HOA claims, or any unrecorded easements you're aware of. Every “yes” answer requires a detailed explanation, which is often where sellers get into trouble by being too vague.

Utah's unique geography and geology introduce specific risks that demand careful attention in your disclosures. The Wasatch Fault, for instance, makes seismic stability a material fact. If you know your Salt Lake City Avenues home is unreinforced masonry, this is a critical disclosure. Similarly, radon gas is prevalent throughout the state, particularly in basements from Ogden to Provo. Disclosing a past high radon test, even if a mitigation system was installed, is a non-negotiable part of the **Utah disclosure requirements**. In southern Utah, expansive soils can cause significant foundation movement, a far cry from simple settling. I’ve handled cases involving undisclosed meth contamination, which Utah has specific decontamination standards for, and failure to disclose proximity to old mine shafts in areas around Park City. These location-specific hazards are precisely the kind of latent defects a typical buyer wouldn't discover without an explicit heads-up from the seller.

When a seller plays fast and loose with disclosure, the consequences can be financially devastating. I’ve represented buyers who discovered, after a heavy Bountiful rainstorm, that the seller had strategically hidden evidence of a perpetually flooded basement. The legal standard for fraud or misrepresentation in Utah requires the buyer to prove the seller had *actual knowledge* of the defect and intentionally concealed it. This can lead to a lawsuit seeking not only the cost of repairs but also potentially the rescission of the sale, forcing the seller to buy the house back. The distinction between a “known defect” and a “latent defect” the seller was unaware of is the battleground. A seller cannot claim ignorance if there is evidence they should have known—for example, if they performed a shoddy patch job on a leaking roof themselves. A thorough **property disclosure** is your best defense against such claims.

To avoid my office entirely, the most effective strategy is radical honesty, starting with the **Utah seller disclosure form**. I strongly advise my seller clients to invest in a pre-listing inspection from a reputable local company. This report serves as an unbiased guide for filling out the disclosure, reminding you of that faulty GFCI outlet in the bathroom or the aging water heater you’d forgotten about. When you complete the form, over-disclose. If you had a window leak five years ago that was professionally repaired by a firm like Jones Paint & Glass, state it clearly and attach the receipt. This transparency not only builds immense trust with potential buyers but also legally insulates you. A buyer who is informed of a past, repaired issue upfront cannot later claim they were deceived by it. This is the cornerstone of a successful and lawsuit-free **seller disclosure Utah** process.

For the buyer, receiving the Seller's Property Condition Disclosure is the starting pistol for your due diligence, not the finish line. This document is a road map of issues to investigate further, not a warranty from the seller. If the seller discloses a past plumbing repair, you should consider a sewer scope inspection to check the main line. If they check “yes” for any water penetration, even if they claim it was a one-time event from a misplaced sprinkler, you should hire a mold inspector or an engineer to evaluate the area. The Due Diligence period outlined in the Utah REPC is your non-negotiable window to verify every claim on that disclosure form and uncover any issues the seller may have missed or, in worst-case scenarios, concealed. Treat the seller’s disclosure as a first draft of the property’s story, and use your inspection rights to write the final, verified chapter.