State-by-State Real Estate Disclosure Requirements
Essential disclosure requirements for all 50 states + DC.
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Everything You Need for Disclosure Compliance
The complete compliance guide for transaction coordinators, agents, and brokers.
From mandatory forms to recommended best practices, this guide covers every aspect of real estate disclosure requirements.
All 50 States + DC
Complete disclosure requirements for every state, including federal mandates and local considerations.
Color-Coded System
Easy-to-understand visual system showing required, recommended, and optional disclosures.
Deadline Tracking
Critical timing requirements and best practices for disclosure delivery and acknowledgment.
Legal Updates
Regularly updated with the latest regulatory changes and compliance requirements.
Multiple Formats
Available as interactive web guide, downloadable PDF, and Excel checklist.
Expert Resources
Links to state commission resources, official forms, and professional guidance.
States by Disclosure Requirements
Quick overview of disclosure complexity by state
States with extensive mandatory disclosure requirements
States with selective mandatory disclosures
States with minimal mandatory disclosure requirements
How to Use This Guide
Color-Coded System
Common Abbreviations
Disclosure Categories
Property Condition Disclosures
Physical defects, structural issues, environmental hazards
Environmental Disclosures
Lead paint, asbestos, mold, radon, underground storage tanks
Natural Hazards Disclosures
Flood zones, earthquake faults, wildfire areas, landslide zones
Quick Reference Chart
State | Property Disclosure | Environmental | Natural Hazards |
---|---|---|---|
Alabama | Recommended | Lead (federal) | None |
Alaska | Required | Lead + Radon | Material facts |
Arizona | Recommended | Lead + ADEQ | Latent defects |
Arkansas | Recommended | Lead (federal) | None |
California | Required | Lead + NHD | Flood/Quake/Fire |
Colorado | Required | Lead + Meth/Radon | Mining/Flood |
Connecticut | Required | Lead + Water | Flood (buyer) |
Delaware | Required | Lead + Radon | Flood |
District of Columbia | Required | Lead + HazMat | Flood |
Florida | Recommended | Lead + Radon | Flood + Sinkhole |
Georgia | Recommended | Lead (federal) | None |
Hawaii | Required | Lead + Lava | Tsunami/Lava |
Idaho | Required | Lead (fed) | Psych. impact |
Illinois | Required | Lead + Radon | Flood history |
Indiana | Required | Lead + Meth | Airport zone |
Iowa | Required | Lead + Radon | Flood history |
Kansas | Required | Lead + Radon | Flood/Assessments |
Kentucky | Required | Lead + Radon | Flood |
Louisiana | Required | Lead + Meth | Flood/Coastal |
Maine | Required | Lead + Radon | Material defects |
Maryland | Disclosure/Disclaimer | Lead + Flood | Flood |
Massachusetts | Recommended | Lead only | None |
Michigan | Required | Lead + Water | Flood |
Minnesota | Required | Lead + Radon | Flood |
Mississippi | Required | Lead + Radon | Flood |
Missouri | Recommended | Lead + Meth | None |
Montana | Recommended | Lead + Mold | None |
Nebraska | Required | Lead + HazMat | Flood |
Nevada | Required | Lead + HazMat | Flood |
New Hampshire | Required* | Water/Sewer | Buyer due diligence |
New Jersey | Recommended | Lead + Tank | Flood |
New Mexico | Required | Lead + Tax | Flood |
New York | Required | Lead + Flood Qs | Flood |
North Carolina | Required | Lead + Radon | Flood |
North Dakota | Recommended | Lead (federal) | None |
Ohio | Required | Lead + HazMat | Flood |
Oklahoma | Required/Disclaimer | Lead + HazMat | Flood |
Oregon | Required | Lead + HazMat | Flood/Landslide |
Pennsylvania | Required | Lead + Radon | Flood/Mine |
Rhode Island | Required | Lead + Radon | Coastal/Flood |
South Carolina | Required/Opt‑out | Lead + Termite | Flood/Coastal |
South Dakota | Required | Lead + Radon | Flood |
Tennessee | Required/Waiver | Lead + HazMat | Flood/Noise |
Texas | Required | Lead + Coastal | Flood/Coastal |
Utah | Recommended | Lead + Meth | None |
Vermont | Recommended | Lead (rentals) | None |
Virginia | Buyer Beware | Chinese drywall | Flood/Noise zones |
Washington | Required | Lead + Env. section | Flood/Slide |
West Virginia | Recommended | Lead (federal) | None |
Wisconsin | Required | Lead + Radon | Flood/Mine |
Wyoming | Recommended | Lead (federal) | None |
Interactive State-by-State Requirements
Search, filter, and explore disclosure requirements for all 50 states + DC
State Requirements
Showing 51 of 51 states
Alabama
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Exceptions to *caveat emptor*: If a seller knows of a material defect not obvious to the buyer that affects health/safety or if the buyer asks about an issue, the seller must answer truthfully. Otherwise, buyers purchase at their own risk in Alabama.
Alaska
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Alaska’s form is unusually detailed, and it’s *required upfront*. Sellers should be prepared to document the condition of virtually every part of the property. Failing to deliver the disclosure before an offer allows the buyer to withdraw without penalty.
Arizona
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: Even without a mandated form, Arizona sellers are liable for failing to disclose latent defects. It’s strongly recommended to complete the standard REALTOR® disclosure form to avoid omissions. Known issues (roof leaks, past flooding, termite damage, etc.) must be honestly disclosed to buyers.
Arkansas
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Because Arkansas law places responsibility on the buyer, it’s critical for buyers to get inspections. Sellers should still answer buyer questions honestly to avoid fraud. Real estate agents in Arkansas *must* disclose known material issues to buyers, but FSBO sellers operate under pure caveat emptor.
California
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: California sellers and agents face numerous specific duties. Beyond property condition and hazards, state law compels disclosure of other material facts: e.g. if the property is in a special tax district (Mello-Roos), if it has ever been used for illegal controlled substances, and a notice about nearby registered sex offenders is required to be given to buyers. Realtors in CA are also prohibited from filling out the TDS on the seller’s behalf: the seller must personally complete it under penalty of perjury.
Colorado
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Colorado’s comprehensive approach even extends to energy efficiency: the **Green Disclosure** (completed by sellers) highlights any energy-saving systems in the home:. Overall, failing to disclose a required item (like a past meth lab or non-permitted mining activities) could give a buyer grounds to terminate the contract or seek remedies.
Connecticut
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: If a Connecticut seller fails to furnish the required property condition report, the buyer is entitled to a $500 credit at closing (per Conn. Gen. Stat. § 20-327b). This encourages compliance. The report must be given *before* the transaction closes, typically prior to or at contract signing, giving buyers an opportunity to review and cancel their offer if new issues are revealed.
Delaware
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Delaware’s approach leaves little to chance: by statute, virtually every aspect of the property must be accounted for in the disclosure. There are few exemptions. Buyers get a very detailed picture, including minor components (the form even asks about ~40 different home appliances). Omissions or inaccuracies can expose Delaware sellers to liability under the state’s stringent disclosure law.
District of Columbia
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: D.C.’s disclosure statement is thorough, effectively similar to many state requirements. It covers everything from fire safety (smoke detectors) to boundary disputes. Sellers need to deliver this statement to buyers in a timely manner (typically before a contract is signed) or risk the buyer voiding the transaction. In addition to the general disclosure, DC sellers must follow all standard federal disclosure rules (lead paint, etc.).
Florida
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Florida’s disclosure duty stems from a landmark court ruling (Johnson v. Davis) imposing an obligation to disclose known latent defects. An "as is" sale does *not* exempt sellers from disclosing material defects. Recent legislative updates added a compulsory flood risk disclosure48]{48}. While Florida does not force a specific form, failing to truthfully disclose known problems (roof leaks, electrical issues, etc.) can lead to lawsuits for fraudulent nondisclosure. Buyers and sellers often use the Florida Realtors form for clarity and completeness.
Georgia
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Georgia focuses more on exempting certain “stigmatized property” info from disclosure. Sellers do **not** have to volunteer information about homicides or felonies on the property, HIV/AIDS in occupants, or nearby sex offenders. However, if a prospective buyer *asks* about these or any defect, the seller must answer honestly. In practice, most Georgia sellers complete a disclosure form to facilitate trust, but legally the buyer must ask the right questions.
Hawaii
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Hawaii sellers must deliver the written disclosure statement to the buyer within a specific timeframe (within 10 days of acceptance of a purchase contract, per HRS §508D-5). The buyer then has 15 days to rescind after receiving it if they find something objectionable. Agents cannot fill out the form on the seller’s behalf. Notably, Hawaii’s disclosure law uses a broad definition of “material fact” – if an issue would be expected to measurably affect the value to a reasonable buyer, it should be disclosed.
Idaho
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Idaho’s “famous potatoes” disclosure must be updated if any material change occurs before closing. If a seller fails to provide the form on time, the buyer can cancel the contract. The relatively short form means sellers should take care to include any significant issues even if not directly asked. Idaho law grants buyers 3 business days to rescind their offer after receiving the completed disclosure form (if it was not provided prior to contract).
Illinois
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Illinois provides a relatively short statutory form (11 yes/no questions by law), but the Realtor® version often has additional questions for thoroughness. Some transactions are exempt (e.g., estates, foreclosures), but if a required seller fails to supply the report before contract, the buyer has the right to terminate. Note that Illinois also requires a separate **Lead Paint Disclosure** for pre-1978 homes and a **Mold disclosure** (often covered in the general form’s hazardous materials question).
Indiana
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Indiana’s disclosure is a straightforward yes/no checklist. If a seller answers a question dishonestly or fails to disclose a known issue, they can be held liable for misrepresentation. Notably, if the buyer receives the disclosure form and then the parties sign the purchase agreement, the buyer has two business days after signing to rescind the deal if the form was incomplete or if defects were revealed (Indiana Code §32-21-5). Always update the form if something changes (like a storm causes new damage during escrow).
Iowa
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Iowa’s disclosure must be delivered to the buyer *before* the buyer is bound by a purchase agreement (and no later than when the buyer makes an offer) to allow for full review. If the disclosure is delivered late (after the offer), the buyer has the right to cancel the contract within 3 days of receiving it. Iowa also has some exemptions (e.g., certain estate transfers). Importantly, failing to disclose known defects (like a leaky roof) can lead to liability for the seller after closing.
Kansas
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Kansas law also mandates disclosure of non-physical factors: sellers (or their agents) must notify buyers if any **sex offenders** are known to reside in the area. Much of this info is often included in Realtor® forms. Failure to disclose a significant known issue (like foundation problems or known contamination) can be considered misrepresentation. Even though multiple forms exist, all must cover the statutory minimum questions, ensuring buyers get critical information.
Kentucky
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Kentucky’s required disclosure must be given to the buyer *before* the buyer makes a written offer or at the latest, as an addendum to the offer. If a seller willfully fails to provide the form or misrepresents something, they can be liable for damages. Even if selling “as is,” known defects must be listed (Kentucky does not allow an “as-is” sale to waive the disclosure requirement).
Louisiana
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: In Louisiana, sellers must also tell buyers if purchase of the property will obligate them to join a homeowners association (HOA)92]{92}. The disclosure document must be signed and dated by the seller and acknowledged by the buyer. Louisiana’s civil code allows buyers to sue for redhibition (voiding the sale for hidden defects) if a seller knowingly fails to disclose a latent defect. As such, providing a thorough disclosure protects the seller as well as informs the buyer.
Maine
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: Maine’s disclosure obligations apply even if the property is sold “as is” – an as-is clause does not excuse the seller from revealing the required information. Sellers typically use a checklist provided by the Maine Real Estate Commission to ensure they cover all points. Buyers should receive the written disclosures before or during the offer stage; if a seller fails to disclose something enumerated by law, they could face liability for any harm caused by that omission.
Maryland
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: Most Maryland sellers end up providing the disclosure statement rather than the disclaimer, as providing no information can deter buyers. However, in a strong seller’s market some do choose to disclaim. Maryland’s form also includes a section for any homeowner or condominium association information. Importantly, whether disclosing or disclaiming, Maryland sellers are liable if they **knowingly conceal** a dangerous latent defect. The disclosure/disclaimer choice must be delivered to the buyer *before* the contract is signed, typically attached to the listing or provided by the time of offer.
Massachusetts
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Massachusetts sellers must cooperate with home inspections and answer buyer questions honestly. The state specifically protects sellers from having to disclose so-called “psychologically impacted” property issues (for example, if a murder or suicide occurred in the house, or if a previous occupant had HIV/AIDS) unless the buyer asks directly. Real estate agents, however, cannot lie if they know of a material defect. While not mandated, it’s common to see a voluntary seller’s disclosure form used in Massachusetts transactions as a matter of practice, except in estate or bank-owned sales where the seller may have no knowledge.
Michigan
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: A Michigan seller’s disclosure form should be delivered to a buyer *before* they sign a purchase agreement. If it’s delivered afterward, the buyer has 72 hours (if delivered in person) or 120 hours (if delivered by registered mail) to terminate the agreement once they receive it (MCL §565.957). Some transfers are exempt (e.g., estate or foreclosure sales). Importantly, even in exempt sales, a seller can still be liable for silent fraud if they actively conceal defects. Michigan sellers should answer all questions truthfully and can add explanations in the margins or attach pages if needed for complex issues.
Minnesota
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Minnesota explicitly does **not** require sellers to disclose if a property is stigmatized by events like death, disease, or perceived paranormal activity. Also, sellers don’t have to disclose if there’s a registered sex offender in the area (buyers can find that via public registry). However, sellers *do* have to disclose all known structural, mechanical, and other defects. Minnesota law also allows an alternative: instead of the full disclosure form, a seller may provide a **written inspection report** by a licensed inspector to the buyer (and then is only responsible to disclose information not covered in that report).
Mississippi
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: If a Mississippi seller provides the disclosure after a purchase offer is made, the buyer has 3 days (if delivered in person) or 5 days (if mailed) to cancel the contract without penalty. Mississippi’s form is fairly extensive (covering everything from roof leaks to whether appliances will remain). Notably, Mississippi does not require licensees or sellers to disclose if a property was the site of a death or felony, as these are not considered material facts under state law. However, like many states, a failure to disclose a known major defect (like a failing foundation) can lead to fraud liability.
Missouri
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: Missouri’s **Merchandising Practices Act** basically prohibits sellers from hiding or misrepresenting material facts in a real estate sale. This means even without a formal form, a seller can be sued for failure to mention a known major defect or hazard. Real estate agents in Missouri have a legal duty to disclose to buyers any adverse material facts they know or *should* know (e.g., if an agent knows a house has structural issues, they must tell the buyer). But agents aren’t required to investigate or verify seller statements. In summary, while Missouri doesn’t force a checklist disclosure, prudent sellers provide one to give buyers confidence and protect themselves from post-sale disputes.
Montana
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Because Montana does not require a formal disclosure, the onus is on buyers to ask questions and get inspections. One exception: a Realtor® or licensed real estate agent in Montana must disclose to buyers any material facts they know about (for example, if an agent knows a home has a leaking roof, they can’t keep that from the buyer). If selling without an agent, the seller’s main legal responsibility is to avoid outright fraud. Montana sellers often provide a voluntary disclosure to avoid post-sale claims, but it’s not mandated. (Also, note Montana’s requirement that sellers disclose if the home has ever been tested for mold or had mold remediation, per the Mold Disclosure Act.)
Nebraska
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Nebraska’s official form (often titled “Seller Property Condition Disclosure Statement”) must be signed by the seller. Buyers typically sign it as well to acknowledge receipt. If a seller fails to provide the disclosure as mandated, the buyer may have grounds to terminate the contract or potentially pursue legal remedies. It’s worth noting that Nebraska’s law applies to most sales of residential 1 to 4 units, but does exempt certain transfers (like new construction sales where a builder provides a warranty). Nebraska takes compliance seriously: the clarity of the statute means sellers should cover every listed category in writing.
Nevada
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: If a Nevada seller does not supply the SRPD form to the buyer within the required timeframe, the buyer can cancel the transaction. Some sales are exempt (estate sales, new construction from builder, etc.), but generally most resales require it. Importantly, Nevada sellers are only responsible to disclose **actual knowledge** – they aren’t liable for unknown defects *if* they had no clue (and the form allows “do not know” answers). However, knowingly misrepresenting or hiding a defect can lead to liability. It’s recommended sellers fill out the form thoroughly and early in the process (some provide it to interested buyers even before an offer).
New Hampshire
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: Because New Hampshire has limited mandated disclosures, it relies more on the integrity of sellers and the due diligence of buyers. Realtors in NH are obligated by regulations to disclose material physical matters they know about. Notably, New Hampshire law (NH Rev Stat §477:4-g) states that sellers do *not* have to disclose if a property is “psychologically impacted” (e.g. a death occurred there, or it’s allegedly haunted). The advice for buyers is to ask direct questions and perhaps use the state’s voluntary form to guide those questions. Sellers cannot lie if asked about a condition, or they risk legal consequences.
New Jersey
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: In summary, while NJ doesn’t force a form, it effectively requires honesty about defects. New Jersey courts have held that sellers who hide or fail to mention known latent defects (like an unrepaired termite infestation or a leaking roof) can be sued for fraud or misrepresentation. Notably, NJ statutes say sellers don’t have to volunteer if a property was the site of a homicide, suicide, or illness like AIDS, as these aren’t considered material—unless the buyer asks. Most real estate contracts in NJ include a seller’s disclosure as a rider, which helps avoid disputes later by laying out known problems in writing.
New Mexico
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: A unique aspect in New Mexico: by law, before closing, the seller must *request from the county assessor* an estimate of the property tax based on the sale price and give that to the buyer147]{147}. This ensures the buyer knows how much taxes may increase after sale (since in NM property taxes can reset upon sale). Also, New Mexico’s good faith obligation means even though the state doesn’t list every question, a prudent seller should err on the side of telling the buyer everything significant. If a disclosure is delivered late (after an offer), New Mexico allows the buyer a 3-day right to terminate after receiving it (similar to many states).
New York
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Previously, New York allowed sellers to opt out of filling the PCDS by giving the buyer a $500 credit at closing. However, **effective March 20, 2024, the $500 opt-out is eliminated**153]{153}. Sellers now must either provide the completed disclosure or potentially face liability for nondisclosure. The new PCDS is 7 pages long154]{154}. If a seller willfully fails to deliver the statement, the buyer could later sue for actual damages. New York also requires separate lead paint disclosure (federal law) and a state form for agricultural districts. It’s worth noting NY does not require disclosing if a property is stigmatized (e.g., site of a death or crime) – those are excluded by law unless asked. But tangible defects and now flood risks are squarely in the required domain.
North Carolina
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: In North Carolina, a seller can choose to answer “No Representation” to any or all questions, which is a neutral response159]{159}. This can be used if the seller genuinely doesn’t know an answer or does not wish to make a representation. However, giving no representation doesn’t shield a seller from liability if they actively conceal a defect. It’s more often used when, say, an estate executor is selling a house and has limited knowledge. NC also requires a separate **Mineral and Oil and Gas Rights Mandatory Disclosure** form, where sellers disclose if those rights were severed from the property. And if the property is in an HOA, that info is integrated into the owners’ association part of the disclosure statement.
North Dakota
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Because ND has no formal requirement, transactions rely on honesty and due diligence. Many sellers will fill out a generic disclosure form out of transparency. It’s worth noting North Dakota law does have some specific requirements in niche cases (for example, water quality disclosure if there’s a private well, via health department rules) and the general anti-fraud statute covers real estate deals. But overall, ND remains largely a “caveat emptor” jurisdiction, one of the few that hasn’t enacted a broad disclosure law. Buyers are strongly encouraged to get inspections and ask direct questions.
Ohio
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: If an Ohio seller fails to provide the disclosure form on time (i.e., before the buyer is bound by contract), the buyer has the right to rescind the contract before closing and recover their deposit (unless already closed) once they do receive and review the form. The disclosure must be based on the seller’s *actual knowledge*. If a seller genuinely doesn’t know the answer to a question, they can answer “Unknown.” However, if they later get information (before closing) that makes a previous answer inaccurate (for instance, discover a leak), they must update the disclosure form. As with other states, selling “as is” in Ohio doesn’t protect a seller who actively conceals defects. The law’s list of exemptions includes transfers between co-owners, to heirs, new construction, etc..
Oklahoma
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: If an Oklahoma seller provides a Disclaimer (saying essentially “I have never lived here and have no knowledge of its condition”), they are legally stating they are unaware of any defect. If that’s later proven false, they can be liable. The vast majority of owner-occupants will use the Disclosure Statement. The form should be given to the buyer *before* an offer is accepted. If the disclosure is delivered after a contract is signed, the buyer has 3 days to cancel after receiving it. There are a few exemptions (like transfers between co-owners, new construction, certain foreclosures). One more point: Oklahoma requires disclosing if a property is in a “hazard mitigation area” like near a former military base listed as contaminated (but this is niche). Generally, honesty on the form protects the seller from later legal issues.
Oregon
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Oregon gives buyers five business days after receiving the disclosure statement to revoke their offer (if they hadn’t received it before making the offer) unless they waive this right in writing. If the seller never provides a disclosure, the buyer’s right to revoke extends all the way to closing. There are some exemptions (e.g., new construction direct from builder, trustee sales, between co-owners). Oregon’s form allows sellers to answer with “Unknown” if they truly don’t know an answer. Importantly, Oregon law explicitly states that the disclosure is not part of the contract and is not a warranty, but inaccuracies or omissions can still lead to liability if they constitute misrepresentation or fraud.
Pennsylvania
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Certain transfers are exempt in PA (for example, transfers by an estate executor, or new construction with a builder warranty). But a typical home resale requires the form. Pennsylvania sellers cannot opt to disclaim like in some states; they must disclose. The law does, however, specify that psychological stigmas (like a death or crime in the home) are not deemed material and do not need to be disclosed. Pennsylvania also has a separate mandate for informing buyers about the presence of agricultural operations near a property (Right-to-Farm Act notice), but that’s usually handled via a clause in the agreement of sale, not the disclosure form itself. Finally, if after delivering the form the seller learns of something that makes it inaccurate (say a pipe bursts), they must update the disclosure or at least inform the buyer of the change.
Rhode Island
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: As of 2022, Rhode Island also introduced a **Multi-Unit Disclosure** for sales of multi-family properties (which asks about things like fire code compliance)180]{180}, but for single-family homes and condos, the standard form is used. If a RI seller fails to provide the disclosure form, the buyer can void the contract prior to closing. One interesting point: Rhode Island requires sellers to disclose whether the smoke/carbon monoxide detectors are in working order and up to code (fire safety is big in RI). Like neighboring states, RI does not require disclosing if a house is stigmatized (like a death occurred there), unless asked directly. Sellers and agents must ensure the form is filled out truthfully to avoid liability.
South Carolina
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: If a buyer waives the right to the disclosure (for instance, in an as-is investor sale), South Carolina allows that with a written agreement. Otherwise, the disclosure must be delivered before entering a contract. Misrepresentation on the form can lead to liability. It’s worth noting SC requires separate disclosure for **painted pre-1978 properties** in rentals, but for sales, the federal lead disclosure suffices (the SC form asks about lead too). Also, SC’s form has a catch-all asking if the seller knows of any other material facts or issues that aren’t addressed by the form questions, so sellers are encouraged to reveal any other problems in that space. Real estate licensees should not complete the form for the seller but can help explain questions. Exemptions exist for new construction, estate sales, etc., similar to other states.
South Dakota
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: South Dakota is serious about full disclosure – the inclusion of an “other material facts” catch-all emphasizes that. If a seller fails to provide the form on time, the buyer can withdraw their offer. If a seller willfully or negligently misrepresents something on the disclosure, they can be held liable for any damages. However, similar to other states, SD doesn’t require disclosing if a property is “psychologically impacted” (like a death occurred there) as that’s not a physical defect. One more point: SD’s law provides that if a defect is discovered after the form is delivered but before closing (e.g., something breaks), the seller must update the disclosure or otherwise inform the buyer in writing of the new issue.
Tennessee
ModerateProperty Condition
Environmental
Natural Hazards
Key Notes: The buyer’s ability to **waive** the disclosure in Tennessee is a key difference. If waived, the seller can provide a Disclaimer form instead, saying essentially “I make no disclosures about the property’s condition,” and the buyer agrees to that. However, even with a waiver, a seller cannot engage in fraud (if directly asked about something, they can’t lie). Most standard transactions do involve the disclosure form. Tennessee doesn’t require a lawyer at closing, but the complexity of disclosures makes having one or a knowledgeable agent helpful. If a seller knowingly misrepresents on the form, they can be sued for damages within 1 year of closing under TN law. If conditions change (like an appliance breaks after disclosure), the seller should update the form or at least inform the buyer before closing.
Texas
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Texas has **many supplemental disclosures** beyond the general condition form. Common examples include: **Septic system disclosure**, **Propane gas system disclosure**, **Property owners’ association (HOA) addendum**, **Lead paint addendum**, and the **MUD notice**. The main Seller’s Disclosure Notice itself is required unless the sale is exempt (like a foreclosure or estate sale). Importantly, selling “as is” in Texas does not remove the duty to disclose; it only means the buyer agrees to take the property in its current state. Failure to disclose a known defect can lead to a fraud or Deceptive Trade Practices Act claim. Texas courts have held that silence can be equivalent to misrepresentation if the seller had a duty to speak, so full transparency is the norm.
Utah
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Utah’s minimalistic requirements mean an “as-is” sale is common, but “as-is” only means the seller isn’t promising to fix anything; it doesn’t protect them if they actively hide a known defect. Real estate agents in Utah, by regulation, must disclose any material information they actually know about a property to a buyer. Also, many Utah sellers voluntarily fill out the Utah Seller Property Condition Disclosure form (which is similar to other states’ forms) to avoid disputes. The key statutory disclosure to remember is about methamphetamine: sellers must affirmatively disclose if the property was contaminated by meth production. Not doing so is a violation of law and could lead to severe penalties.
Vermont
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Most Vermont real estate agents encourage sellers to complete a disclosure form (there is a Vermont Seller Property Information Report used commonly) to facilitate smoother transactions. But legally, a private seller doesn’t have a checklist to follow. Vermont’s administrative code for real estate licensees says a Realtor must “fully and promptly disclose… all material facts” about a property to a buyer. Vermont also requires sellers to provide a **Smoke Detector and Carbon Monoxide Detector affidavit** at closing, certifying those are in compliance — a safety disclosure of sorts. In summary, while Vermont law doesn’t force disclosures, honesty remains the best policy to avoid post-sale litigation (buyers can still sue for fraud if a seller actively conceals a major issue).
Virginia
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: The Virginia form is essentially a series of disclaimers. For example, it says the seller makes no representation as to the condition of the property (and that the buyer should get a home inspection), no representation about adjacent parcels, about whether historic district ordinances apply, etc. One of the only affirmative disclosures is whether the seller has actual knowledge of any pending building or zoning violations, or if the property previously had a meth lab that hasn’t been remediated. In 2022, Virginia also added that sellers must disclose any **knowledge of mining operations** that have a right to be on the property (e.g., if someone retained mineral rights) – this was mentioned as former mining operations in some summaries. All in all, Virginia explicitly shifts the onus to buyers to discover most issues. Buyers should review the official Virginia Residential Property Disclosure Statement (which is basically an acknowledgment of caveat emptor) and then perform thorough inspections.
Washington
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Washington’s disclosure must be delivered to the buyer within five business days after mutual acceptance of a purchase agreement (or sooner). The buyer then has three days to rescind the agreement if they don’t like what they see (or if it’s not provided timely, they can rescind any time before closing). If a seller answers “Don’t Know” on something they reasonably should know (like they live there and claim not to know about a leaky roof when it’s visibly damaged), that can be grounds for legal issues later. Washington also has separate disclosure requirements in certain cases: e.g., if you’re selling a home on waterfront, you must disclose that the state’s Shoreline rules may impose use restrictions. But generally, Form 17 covers most everything. Realtors in WA always provide this form to sellers to fill out, as failing to do so is considered bad practice (and is against the law unless an exemption applies).
West Virginia
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: Even without a required form, many West Virginia sellers provide a disclosure statement as a courtesy or upon buyer’s request. Importantly, West Virginia joined federal efforts in requiring a **lead paint disclosure** and pamphlet for older homes (so that is one thing WV sellers absolutely must do by federal law). Additionally, WV passed a meth lab disclosure law similar to other states: if a property was used as a clandestine meth lab and not remediated, that’s a hazardous material fact that should be disclosed (to avoid endangering buyers). In summary, while WV doesn’t compel broad disclosures, sellers and agents can’t lie if directly asked about a property condition, and blatant concealment of a dangerous defect could lead to legal trouble after the sale.
Wisconsin
LimitedProperty Condition
Environmental
Natural Hazards
Key Notes: Wisconsin’s requirement has some exemptions (for example, personal representatives of estates, certain foreclosure sales, and new construction sales may be exempt from providing the report). But a typical homeowner sale will need one. If a seller fails to provide the Real Estate Condition Report, the buyer has the right to rescind the contract before closing (within 2 business days of receipt if it was delivered late, or if never delivered, any time prior to closing). One unique WI point: the form mentions **“Defect”** explicitly means a condition that would have a significant adverse effect on the property’s value or pose an unreasonable safety risk if not fixed. This helps frame what sellers should be considering when answering. And while WI doesn’t require an inspection, the condition report is not a warranty, it’s just the seller’s knowledge — buyers are still advised to do their own inspections. However, if a seller misrepresents something on the form, they can be liable after the sale under misrepresentation laws.
Wyoming
ComprehensiveProperty Condition
Environmental
Natural Hazards
Key Notes: One thing Wyoming does require is an **Affidavit of Real Property Transfer** at closing, which the seller signs and notarizes. But that’s not about property condition; it’s more about confirming consideration and perhaps some tax aspects. Wyoming, in August 2024, updated some guidance via Nolo that while no disclosure is mandated, sellers aren’t immune from post-sale lawsuits if they actively concealed a major defect. So it’s still wise to be forthright. Ultimately, a Wyoming buyer should absolutely get a home inspection. Many Wyoming real estate agents use the concept of “if in doubt, disclose” as a best practice, even if not legally mandated.
Quick Reference Chart
State | Property Disclosure | Environmental | Natural Hazards |
---|---|---|---|
Alabama | Recommended | Lead (federal) | None |
Alaska | Required | Lead + Radon | Material facts |
Arizona | Recommended | Lead + ADEQ | Latent defects |
Arkansas | Recommended | Lead (federal) | None |
California | Required | Lead + NHD | Flood/Quake/Fire |
Colorado | Required | Lead + Meth/Radon | Mining/Flood |
Connecticut | Required | Lead + Water | Flood (buyer) |
Delaware | Required | Lead + Radon | Flood |
District of Columbia | Required | Lead + HazMat | Flood |
Florida | Recommended | Lead + Radon | Flood + Sinkhole |
Georgia | Recommended | Lead (federal) | None |
Hawaii | Required | Lead + Lava | Tsunami/Lava |
Idaho | Required | Lead (fed) | Psych. impact |
Illinois | Required | Lead + Radon | Flood history |
Indiana | Required | Lead + Meth | Airport zone |
Iowa | Required | Lead + Radon | Flood history |
Kansas | Required | Lead + Radon | Flood/Assessments |
Kentucky | Required | Lead + Radon | Flood |
Louisiana | Required | Lead + Meth | Flood/Coastal |
Maine | Required | Lead + Radon | Material defects |
Maryland | Disclosure/Disclaimer | Lead + Flood | Flood |
Massachusetts | Recommended | Lead only | None |
Michigan | Required | Lead + Water | Flood |
Minnesota | Required | Lead + Radon | Flood |
Mississippi | Required | Lead + Radon | Flood |
Missouri | Recommended | Lead + Meth | None |
Montana | Recommended | Lead + Mold | None |
Nebraska | Required | Lead + HazMat | Flood |
Nevada | Required | Lead + HazMat | Flood |
New Hampshire | Required* | Water/Sewer | Buyer due diligence |
New Jersey | Recommended | Lead + Tank | Flood |
New Mexico | Required | Lead + Tax | Flood |
New York | Required | Lead + Flood Qs | Flood |
North Carolina | Required | Lead + Radon | Flood |
North Dakota | Recommended | Lead (federal) | None |
Ohio | Required | Lead + HazMat | Flood |
Oklahoma | Required/Disclaimer | Lead + HazMat | Flood |
Oregon | Required | Lead + HazMat | Flood/Landslide |
Pennsylvania | Required | Lead + Radon | Flood/Mine |
Rhode Island | Required | Lead + Radon | Coastal/Flood |
South Carolina | Required/Opt‑out | Lead + Termite | Flood/Coastal |
South Dakota | Required | Lead + Radon | Flood |
Tennessee | Required/Waiver | Lead + HazMat | Flood/Noise |
Texas | Required | Lead + Coastal | Flood/Coastal |
Utah | Recommended | Lead + Meth | None |
Vermont | Recommended | Lead (rentals) | None |
Virginia | Buyer Beware | Chinese drywall | Flood/Noise zones |
Washington | Required | Lead + Env. section | Flood/Slide |
West Virginia | Recommended | Lead (federal) | None |
Wisconsin | Required | Lead + Radon | Flood/Mine |
Wyoming | Recommended | Lead (federal) | None |
Best Practices for Transaction Coordinators
Essential strategies to ensure disclosure compliance and streamline your transaction coordination process.
Create State-Specific Checklists
- ✓Develop disclosure checklists for each state you work in
- ✓Include federal requirements in all checklists
- ✓Update checklists annually or when laws change
- ✓Use official state forms when available
Track Disclosure Deadlines
- ✓Many states have specific timing requirements
- ✓Build disclosure deadlines into your transaction timeline
- ✓Set up automated reminders for critical dates
- ✓Monitor state-specific delivery requirements
Maintain Disclosure Libraries
- ✓Keep current forms for all states in your market area
- ✓Verify forms annually with state real estate commissions
- ✓Organize forms by state and disclosure type
- ✓Subscribe to state commission updates
Documentation Standards
- ✓Always use written disclosures, even when not required
- ✓Maintain records of all disclosures provided
- ✓Get written acknowledgment of receipt from buyers
- ✓Keep detailed audit trails for compliance
Automate Your Best Practices
DocJacket automatically implements these best practices with AI-powered checklists, deadline tracking, and state-specific compliance monitoring.
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This guide saved me hours of research. Having all state requirements in one place is invaluable.
The color-coded system makes it so easy to see what's required vs. recommended. Essential resource!
We use this guide to train all our new coordinators. It's become our compliance bible.
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