{"id":276665,"date":"2025-06-06T07:38:25","date_gmt":"2025-06-06T07:38:25","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/real-estate\/what-does-and-doesnt-have-to-be-disclosed-when-you-sell-a-house\/"},"modified":"2025-06-06T07:38:25","modified_gmt":"2025-06-06T07:38:25","slug":"what-does-and-doesnt-have-to-be-disclosed-when-you-sell-a-house","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=276665","title":{"rendered":"What Does and Doesn't Have to Be Disclosed When You Sell a House"},"content":{"rendered":"


\n<\/p>\n

Selling your home comes with responsibilities, including the requirement to candidly communicate all known issues with your property. The seller\u2019s disclosure ensures buyers are aware of anything that could negatively affect the home or its occupants.<\/p>\n

Like many other aspects of selling a property, seller disclosure requirements vary from state to state. There are also federal requirements and even some local laws.<\/p>\n

Working with a top-quality local real estate agent can help you understand the requirements in your area and navigate other issues. Don\u2019t have an agent yet? Clever can help you find one; simply answer a few questions about your property and your goals, then get matched with top local agents<\/a> for half of the standard listing fee \u2014 1.5%.<\/p>\n

1. What is a seller disclosure \u2014 and why does it matter? <\/h2>\n

A seller disclosure<\/strong> is a printed or written statement a seller provides to buyers reporting known property issues that may affect the livability, appeal, safety, or value. These issues can include anything from mold problems and water damage to foundational cracks and even noisy neighbors.<\/p>\n

Many states provide a templated checklist or form for disclosing issues, and your realtor can help you determine the best way to fulfill this requirement.<\/p>\n

Seller disclosures are important because they were created to protect both parties. For buyers, it allows them to make an informed decision on what could be their largest-ever purchase in life. For sellers, honest disclosure can save them from potential legal liability down the road. To be safe, if you\u2019re uncertain whether you should disclose something or not, it\u2019s best to do so.<\/p>\n

2. Who sets disclosure requirements? <\/h2>\n

Seller disclosure laws exist at multiple levels in the United States. Federal law<\/strong> is limited in scope and mostly relates to the disclosure of lead-based paint. Regulations regarding what sellers need to disclose are left mostly to state laws.<\/p>\n

Almost every state<\/strong> has its own requirements regarding seller disclosures. Also, these requirements can be known by different names, depending on the location. For instance, seller disclosures are known as the Transfer Disclosure Statement (TDS) in California and the Real Estate Condition Report in Wisconsin.<\/p>\n

A few states follow the caveat emptor<\/em> (Latin for \u201clet the buyer beware\u201d) doctrine and may not have formal disclosure requirements. However, even in these states, known defects must still be disclosed.<\/p>\n

In certain cases, municipalities<\/strong> may have seller disclosure obligations in addition to federal laws and state laws governing the city’s location.<\/p>\n

For example, in New York City, where co-ops and condos are common, there may be additional considerations for sellers, such as disclosing known issues in the building as a whole even if you\u2019re selling a single unit.<\/p>\n

3. What are sellers typically required to disclose?<\/h2>\n

Common disclosures checklist<\/strong><\/p>\n

\n
\n
\n\n\n\n\n\n\n
Property condition and structural issues<\/td>\n\n
    \n
  • Structural defects<\/li>\n
  • Roof leaks<\/li>\n
  • Electric issues and faulty wiring<\/li>\n
  • Plumbing leaks<\/li>\n
  • Water damage, flooding, and mold<\/li>\n
  • Termite or pest infestation<\/li>\n
  • History of repairs and renovations<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Environmental hazards<\/td>\n\n
    \n
  • Lead-based paint<\/li>\n
  • Asbestos, radon, or other hazardous materials<\/li>\n
  • Location in wetlands or floodplain<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Legal and regulatory issues<\/td>\n\n
    \n
  • Easements and boundary disputes<\/li>\n
  • Limitations on land use or building<\/li>\n
  • Property liens<\/li>\n
  • Ongoing lawsuits related to the property<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Other<\/td>\n\n