Question 1

Does a home seller have to disclose the property’s condition in California?

Accepted Answer

In California, the seller of single-family residential property must deliver the completed Real Estate Transfer Disclosure Statement to the buyer as soon as practicable before title transfers, and a buyer who receives it after making an offer may terminate the offer by written notice within three days of delivery in person or five days of delivery by mail or electronic record. Any waiver of these requirements is void as against public policy. They do not apply to court-ordered and foreclosure sales, to most sales by a fiduciary administering a trust or estate, or to transfers between co-owners or to a spouse or a relative by blood. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is Cal. Civ. Code §§ 1102, 1102.2, 1102.3, 1102.6.

Question 2

Does a home seller have to disclose the property’s condition in Texas?

Accepted Answer

In Texas, the seller of a home with not more than one dwelling unit must give the buyer the statutory seller’s disclosure notice on or before the effective date of the purchase contract, and a buyer who signs a contract without it may terminate the contract for any reason within seven days after receiving the notice. The notice is completed to the best of the seller’s belief and knowledge, and a seller who marks information as unknown complies with the law. The seller has no duty to disclose a death by natural causes, suicide or an accident unrelated to the property’s condition. Transfers under a court order or foreclosure sale, between co-owners, to or from a governmental entity and of a new residence never previously occupied are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is Tex. Prop. Code § 5.008.

Question 3

Does a home seller have to disclose the property’s condition in Florida?

Accepted Answer

In Florida, the seller of residential real property must give the buyer a written flood disclosure (knowledge of flooding that damaged the property, flood insurance claims and federal flood assistance) at or before the time the sales contract is signed, and the buyer must also be given a property tax disclosure summary and a radon gas notice by then. The property tax disclosure summary warns the buyer not to rely on the seller’s current property taxes; if it is not in the contract, the seller must provide it and the contract must incorporate it by reference. The radon notice, in wording set by the statute, must appear on at least one document signed at or before the contract for sale of any building. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is Fla. Stat. §§ 404.056, 689.261, 689.302.

Question 4

Does a home seller have to disclose the property’s condition in New York?

Accepted Answer

In New York, every seller of a one- to four-family home must complete and sign the statutory property condition disclosure statement and have it delivered to the buyer or the buyer’s agent before the buyer signs a binding contract of sale, with a copy signed by both attached to the contract, and a seller who willfully fails to comply is liable for the buyer’s actual damages. The statement does not cover condominium units, cooperative apartments, unimproved land or property in a homeowners’ association that the seller does not own in fee simple, and the form asks whether the property is in a FEMA floodplain or flood hazard area. A seller who learns something that makes the statement materially inaccurate must deliver a revised statement as soon as practicable, but not after title passes or the buyer moves in. Transfers under a court order, foreclosures, transfers between co-owners or to a spouse or lineal relative, and newly built homes never lived in are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is N.Y. Real Prop. Law §§ 462, 463, 465.

Question 5

Does a home seller have to disclose the property’s condition in Pennsylvania?

Accepted Answer

In Pennsylvania, any seller of a property with one to four residential dwelling units, including a condominium or cooperative unit, must disclose the material defects the seller knows of on the State Real Estate Commission’s property disclosure statement and deliver a signed and dated copy to the buyer before the seller and buyer sign the agreement of transfer, and a person who willfully or negligently fails to do so is liable for the buyer’s actual damages. An action for damages must be brought within two years after final settlement, and a failure to comply does not by itself invalidate the transfer. The statement must cover subjects including the roof, basement, pests, structural problems, water and sewage, plumbing, heating and air conditioning, the electrical system and hazardous substances. Transfers under a court order or foreclosure, transfers between co-owners or to a spouse or lineal relative, and transfers of unimproved land are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is 68 Pa.C.S. §§ 7103, 7303, 7304, 7311.

Question 6

Does a home seller have to disclose the property’s condition in Illinois?

Accepted Answer

In Illinois, a seller of residential property with 1 to 4 units, a condominium unit or a cooperative unit must complete every item of the state disclosure report and deliver it to the buyer before the contract is signed, and a buyer who receives a report disclosing a material defect only after signing may terminate within 5 business days and get the earnest money back. A material defect disclosed later in a supplement to the report gives the buyer a right to terminate only in limited cases, such as when the seller knew of it when the first report was signed or will not agree in writing to repair it within 5 business days. The right to terminate ends once the property is conveyed. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is 765 ILCS 77/5, 77/20, 77/40.

Question 7

Does a home seller have to disclose the property’s condition in Ohio?

Accepted Answer

In Ohio, every person who intends to sell residential real property with one to four dwelling units must complete the state property disclosure form and deliver a signed and dated copy to each prospective buyer as soon as practicable, and a buyer who receives the form only after entering into the purchase agreement may rescind in a signed writing within three business days of receiving it and get any deposit back. The rescission must also come by the earlier of 30 days after the seller accepted the offer or the closing, and the buyer may waive the right. A buyer who never receives the form after entering into the agreement may rescind by the same 30-day-or-closing deadline. A seller is not liable for an error or omission on the form that was not within the seller’s actual knowledge, and transfers under a court order or foreclosure, transfers to a spouse or lineal relative, and newly built homes never lived in are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is Ohio Rev. Code § 5302.30.

Question 8

Does a home seller have to disclose the property’s condition in North Carolina?

Accepted Answer

In North Carolina, the owner selling a home of one to four dwelling units must give the purchaser the Real Estate Commission’s residential property disclosure statement, an owners’ association and mandatory covenants disclosure statement and a mineral and oil and gas rights disclosure no later than when the purchaser makes an offer, and if they are not delivered by then the purchaser may cancel the contract by written notice with a full refund of any deposit, until the end of the third calendar day after receiving the statement or after the contract was made, or settlement or occupancy, whichever comes first. On the residential property disclosure statement the owner may either disclose the listed conditions the owner actually knows of or state that the owner makes no representations about them. The first sale of a never-inhabited dwelling and a sale where both parties agree not to complete the residential and owners’ association statements are exempt from those two statements but still require the mineral and oil and gas rights disclosure. Transfers under a court order or foreclosure and transfers between co-owners or to a spouse or lineal relative are exempt from the chapter. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is N.C. Gen. Stat. §§ 47E-1, 47E-2, 47E-4, 47E-4.1, 47E-5.

State	Seller disclosure	Source
Alaska	Required before the offer; 3 days to cancel	Alaska Stat. §§ 34.70.010, 34.70.020, 34.70.090, 34.70.110, 34.70.120, 34.70.200
Arizona	Rural unsubdivided land only; 5 days to rescind	A.R.S. § 33-422
California	Required before closing; 3 days to cancel if late	Cal. Civ. Code §§ 1102, 1102.2, 1102.3, 1102.6
Colorado	Specific disclosures: meth lab, radon, water source	C.R.S. §§ 38-35.7-101, 38-35.7-103, 38-35.7-104, 38-35.7-108, 38-35.7-112
Connecticut	Required before the buyer signs; $500 credit if not	Conn. Gen. Stat. §§ 20-327b, 20-327c
Delaware	Required before the buyer makes an offer	6 Del. C. §§ 2572, 2572A, 2573, 2576, 2577
District of Columbia	Required by contract signing; 5 days to cancel if late	D.C. Code §§ 42-1301, 42-1302, 42-1303
Florida	Flood, property-tax and radon notices by contract	Fla. Stat. §§ 404.056, 689.261, 689.302
Hawaii	Required within 10 days; 15 days to rescind	Haw. Rev. Stat. §§ 508D-1, 508D-3, 508D-4, 508D-5
Idaho	Required within 10 days; 3 business days to rescind	Idaho Code §§ 55-2503, 55-2504, 55-2505, 55-2509, 55-2515, 55-2517
Illinois	Required before signing; 5 business days to cancel if late	765 ILCS 77/5, 77/20, 77/40
Indiana	Required before an offer is accepted	Ind. Code §§ 32-21-5-1, 32-21-5-10
Iowa	Required before an offer; buyer may withdraw if late	Iowa Code §§ 558A.1, 558A.2
Kansas	Radon notice required in every sale contract	K.S.A. 58-3078a
Kentucky	Required when an agent is paid on a home sale	KRS 324.360
Louisiana	Required by the offer; late form gives 72 hours to cancel	La. R.S. 9:3196, 9:3198
Maine	Required by the offer; buyer has 72 hours if late	33 M.R.S. §§ 171, 172, 173, 174
Maryland	Disclosure or disclaimer by signing; 5 days to rescind	Md. Code, Real Prop. § 10-702
Massachusetts	No general form; lead notice for homes built before 1978	M.G.L. c. 111, §§ 189A, 197A
Michigan	Required before signing; 72 hours to cancel if late	MCL 565.952, 565.954
Minnesota	Required before signing; may be waived in writing	Minn. Stat. §§ 513.52, 513.55, 513.57, 513.60
Mississippi	Required in agent-assisted sales; 3 days to cancel if late	Miss. Code Ann. §§ 89-1-501, 89-1-503, 89-1-509
Missouri	No general form; past meth production must be disclosed	Mo. Rev. Stat. § 442.606
Montana	Radon notice and any meth or fentanyl contamination	Mont. Code Ann. §§ 75-3-606, 75-10-1305
Nebraska	Required by the time the purchase contract binds the buyer	Neb. Rev. Stat. § 76-2,120
Nevada	Required at least 10 days before closing	NRS 113.100, 113.130, 113.150
New Hampshire	Specific written notices: radon, water, septic, flood	RSA 477:4-a, 477:4-c, 477:4-d, 477:4-f, 477:4-g
New Jersey	Flood risk and dams on the disclosure form before contract	N.J.S.A. 56:8-19.2, 56:8-19.3, 46:3C-13
New Mexico	Property tax estimate before an offer; HOA certificate	N.M. Stat. §§ 47-13-2, 47-13-4, 47-16-11, 47-16-12
New York	Required before the buyer signs the contract	N.Y. Real Prop. Law §§ 462, 463, 465
North Carolina	Required by the offer; buyer may cancel within 3 days	N.C. Gen. Stat. §§ 47E-1, 47E-2, 47E-4, 47E-4.1, 47E-5
North Dakota	Required before the purchase agreement is accepted	N.D. Cent. Code §§ 47-10-02.1, 47-10-02.2, 47-10-02.3
Ohio	Required; buyer may rescind within 3 business days	Ohio Rev. Code § 5302.30
Oklahoma	Required before an offer is accepted	60 O.S. §§ 832, 833, 834, 837, 838
Oregon	Required; buyer may revoke within 5 business days	ORS 105.464, 105.465, 105.470, 105.475
Pennsylvania	Required before the agreement of sale is signed	68 Pa.C.S. §§ 7103, 7303, 7304, 7311
Rhode Island	Required before the purchase agreement is signed	R.I. Gen. Laws §§ 5-20.8-2, 5-20.8-3, 5-20.8-5
South Carolina	Required before the contract is signed	S.C. Code §§ 27-50-20, 27-50-30, 27-50-40, 27-50-50, 27-50-65
South Dakota	Required before an offer; buyer may cancel in 3 days	SDCL §§ 43-4-37, 43-4-38, 43-4-39, 43-4-42, 43-4-43, 43-4-44
Tennessee	Required before the contract is accepted	Tenn. Code §§ 66-5-201, 66-5-202, 66-5-203, 66-5-208, 66-5-209
Texas	Required by the contract date; buyer may cancel in 7 days	Tex. Prop. Code § 5.008
Utah	Meth contamination and district assessments only	Utah Code §§ 57-27-201, 57-27-202, 57-1-49, 57-1-37
Vermont	Flood map, flood history and flood insurance	27 V.S.A. § 380
Virginia	Buyer-beware statement plus specific written notices	Va. Code §§ 55.1-701, 55.1-702, 55.1-703, 55.1-704, 55.1-706, 55.1-708, 55.1-709
Washington	Required; buyer may rescind within 3 business days	RCW 64.06.005, 64.06.010, 64.06.020, 64.06.030, 64.06.040
West Virginia	Hazardous waste use and buried storage tanks, in the deed	W. Va. Code §§ 22-18-21, 22-17-19
Wisconsin	Required within 10 days; buyer may rescind in 2 days	Wis. Stat. §§ 709.001, 709.01, 709.02, 709.05, 709.08
Wyoming	Vacant land and wind-estate severance only	Wyo. Stat. § 34-1-151

Does a home seller have to disclose the property’s condition?

Seller disclosure, state by state

The answer in full, for the biggest rental markets