State Laws
Seller Duties – The seller must disclose any “latent” or material defects about the property that would not be apparent to the buyer or would pose a direct threat to the health and safety of the buyer or any other occupant.[1]
However, the seller is not required to disclose any information about whether the property was the site of a death or felony, or whether a previous owner or occupant was diagnosed with immunodeficiency syndrome.[2]
Disclosure Exemptions – The seller is not required to provide a property disclosure statement if:[3]
- The property is a single-family home that has never been occupied or sold;
- The certificate of occupancy was issued within one year of the purchase contract;
- The property is exempt from transfer tax;
- The seller is a lender who acquired the property by foreclosure or deed in loieu of foreclosure;
- The sale is a sheriff’s sale, tax sale, or sale by foreclosure, partition, or by a court-appointed trustee;
- The seller is a trustee who is selling as part of the decedent’s estate, guardianship, conservatorship, or trust; or
- The property will be converted by the buyer for non-residential use.
Seller’s Disclosures (3)
 Residential Property Disclosure and Disclaimer Statement (required) – State law requires that the seller of a residential property disclose the property’s condition and defects (if any) to the buyer before a purchase agreement is executed. The buyer then has five days to legally rescind the offer.[4]
Download: PDF |
 Lead-Based Paint Disclosure (conditional) – In accordance with federal law, if a residential property was built before 1978, purchasers must be given information about the application of lead-based paint on the property.[5]
Download: PDF |
 Lead-Based Paint Pamphlet (conditional) – Gives general information about lead-based paint for properties built before 1978.[6]
Download: PDF |