This document is required in most states and covers a wide range of property conditions. It typically asks about structural issues, water damage, pest problems, neighborhood nuisances, HOA information, utility problems, and legal disputes affecting the property. The seller signs the form attesting that the information is accurate to the best of their knowledge. Real estate agents should not complete the form for the seller, as the seller is the one with personal knowledge of the property.
A seller's disclosure form asks whether the property has ever had water damage. The seller knows the basement flooded three years ago and was repaired. The seller must disclose this history even though the problem has been fixed, because the question asks about past occurrences, not just current conditions.
The seller—not the agent—should complete the disclosure form. Past problems must be disclosed even if they have been repaired. Agents should review the form for completeness but should not fill it out on behalf of the seller. Some states require the form to be provided before an offer is accepted.
Related Terms
Related Concepts
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.
Frequently Asked Questions
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Seller's Disclosure Statement may have state-specific rules. Choose your state to study Mandated Disclosures with localized content: