eForms Logo

Property Disclosure Statement

Create a high-quality document now!

Property Disclosure Statement

Updated March 04, 2024

A property disclosure statement is a required document in most states, one completed by the seller to inform the buyer of any material defects or information by law to be mentioned. The statement will also identify if the property is located in any special zoning, such as a flood plain or near a military base, or if the property was ever used for an illegal use such as a meth lab. Once completed, the statement must be delivered to the buyer before or at the time an offer is placed.

Attaching to a Purchase Agreement

The property disclosure statement is commonly attached to a purchase agreement after it’s completed and signed by both the buyer and seller.

Table of Contents

Property Disclosure Statements (By State)

Required in most States that details the condition of the property. In most states, the seller is required to report any structural or material defects in the property (e.g. leaking roof, flooding, etc.).

Depending on the state, the seller may be held liable for any statements or claims made or not made.

State Property Disclosure Laws
Alabama *Property Disclosure (*optional)
Alaska Property Disclosure AS 34.70.010
Arizona Property Disclosure Hill v. Jones, 725 P.2d 1115)
Arkansas *Property Disclosure (*optional)
California Property Disclosure, Natural Hazard Disclosure CC § 1102
Colorado Property Disclosure § 38-35.7
Connecticut Property Disclosure § 20-327b
Delaware Property Disclosure § 2577
Florida Property Disclosure Johnson v. Davis, 480 So.2d 625
Georgia Property Disclosure § 44-1-16
Hawaii Property Disclosure § 508D-5
Idaho Property Disclosure § 55-2508
Illinois Property DisclosureRadon Testing Guidelines for Real Estate TransactionsIllinois Disclosure of Information on Radon Hazards 765 ILCS 77/35765 ILCS 77/20
Indiana Property Disclosure § 32-21-5
Iowa Property Disclosure, Radon Home-Buyers and Seller’s Fact Sheet § 558A.2
Kansas Property Disclosure § 58-30.106
Kentucky Property Disclosure § 324.360
Louisiana Property Disclosure § 9:3198
Maine Property Disclosure § 173
Maryland Property Disclosure § 10-702
Massachusetts Property Disclosure, *Title 5 Addendum (*only for septic tanks) § 15.301, § 197A
Michigan Property Disclosure § 565.957
Minnesota Property Disclosure § 513.55
Mississippi Property Disclosure § 89-1-503
Missouri Property Disclosure (Form DSC-8000) § 442.606
Montana Property Disclosure § 37-51-313
Nebraska Property Disclosure § 76-2,120
Nevada Property Disclosure NRS 113.130
New Hampshire Property Disclosure § 477:4-d
New Jersey Property Disclosure § 46:3C-10
New Mexico Property Disclosure § 47-13-4
New York Property Disclosure § 462
North Carolina Property Disclosure G.S. 47E-4(b)
North Dakota Property Disclosure § 43-4-44
Ohio Property Disclosure § 5302.30
Oklahoma Property Disclosure (Known Defects) or Property Disclosure (No Kown Defects) § 60-833
Oregon Property Disclosure ORS 105.464
Pennsylvania Property Disclosure § 7304
Rhode Island Property Disclosure § 5-20.8-2
South Carolina Property Disclosure § 27-50-40
South Dakota Property Disclosure § 43-4-38
Tennessee *Property Disclosure (*Buyer may waive their right to receive the disclosure) § 66-5-202(1)
Texas Property Disclosure § 5.008
Utah *Property Disclosure (*Only for Agents) R162-2f-401a
Vermont Property Disclosure § 2296(4)
Virginia Property Disclosure § 55-519 & § 55-520
Washington Property Disclosure § 64.06.030 & § 64.06.020
Washington D.C. Property Disclosure § 42–1305§ 42-1302
West Virginia *Property Disclosure (*optional)
Wisconsin Property Disclosure 709.01(2)
Wyoming *Property Disclosure (*Only for Agents) § 33-28-303(c)

How the Property Disclosure Works (5 steps)

  1. Download the Correct Property Disclosure Statement
  2. Inspect the Property
  3. Sign and Send to the Buyer

Before two (2) parties can enter into a purchase agreement, a statement must be completed by the seller to convey any current issues in a form known as the property disclosure.

The seller should go around the property looking for any material defects such as leaking, fractures, electrical malfunctions, or any other type of issue that should be made known. In some states, the seller can be considered liable if they are aware of an issue that is unreported.

1. Download the Correct Property Disclosure Statement

seller filling out property disclosure statement form on laptopDownload either the blank property disclosure statement or the State-specific version. It’s recommended to use the State-specific version as that allows the seller to complete the exact questions that may be required in the particular State.

2. Inspect the Property

seller inspecting property with tablet in handIt’s best to take a personal tour of the property and take a look at everything. This means all exterior and interior walls, ceilings, bathrooms, roofs, attic, basement, and anywhere else that should be checked to ensure there is no leaking or other issues on the property. Unless the property is located in a Buyer Beware State, the seller is liable for any unreported issues.

The buyer will most likely hire a home inspector that will locate any problems with the house anyway, although it looks much better on the seller if they are identified beforehand.

3. Sign and Send to the Buyer

owner signing property disclosure form on tabletAfter it’s complete it should be signed by the seller and sent to the buyer. Upon the buyer obtaining possession of the property disclosure and reviewing, they will sign the document accepting they have received it. If there has been a purchase agreement already authorized, it should be attached and made part of the agreement.

Earnest Money

If the buyer makes an earnest money deposit and finds a material defect that was not mentioned in the property disclosure, the buyer may be entitled to have their earnest money returned. In States that are not Buyer Beware, the seller is required to report any structural or material defects in the property (e.g. leaking roof, flooding, etc.).

Buyer Beware

Buyer beware is a term that is used to describe states that do not hold the seller responsible for not mentioning material defects at the time of sale. In addition, buyers who choose to purchase in a buyer beware state will be subject to purchasing the property on an “as-is, where-is” basis. Therefore, if there are any material defects found on the property after the closing has occurred, liability rests fully on the new owner.

Buyer Beware States – Alabama, Arkansas, Colorado, Florida, Indiana, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, Virginia, West Virginia, and Wyoming.