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
All 50 States + DC

Complete disclosure requirements for every state, including federal mandates and local considerations.

Color-Coded System
Color-Coded System

Easy-to-understand visual system showing required, recommended, and optional disclosures.

Deadline Tracking
Deadline Tracking

Critical timing requirements and best practices for disclosure delivery and acknowledgment.

Legal Updates
Legal Updates

Regularly updated with the latest regulatory changes and compliance requirements.

Multiple Formats
Multiple Formats

Available as interactive web guide, downloadable PDF, and Excel checklist.

Expert Resources
Expert Resources

Links to state commission resources, official forms, and professional guidance.

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States by Disclosure Requirements

Quick overview of disclosure complexity by state

Comprehensive Disclosure States
Comprehensive Disclosure States

States with extensive mandatory disclosure requirements

Moderate Disclosure States
Moderate Disclosure States

States with selective mandatory disclosures

Limited Disclosure States
Limited Disclosure States

States with minimal mandatory disclosure requirements

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How to Use This Guide

Color-Coded System

RequiredMandated by state law
RecommendedBest practice but not legally required
OptionalMay be required by local markets
Not RequiredNot mandated by state law

Common Abbreviations

PDS - Property Disclosure Statement
TDS - Transfer Disclosure Statement
MID - Material Information Disclosure
LED - Lead-Based Paint Disclosure (Federal)

Disclosure Categories

Property Condition

Property Condition Disclosures

Physical defects, structural issues, environmental hazards

Environmental

Environmental Disclosures

Lead paint, asbestos, mold, radon, underground storage tanks

Natural Hazards

Natural Hazards Disclosures

Flood zones, earthquake faults, wildfire areas, landslide zones

Quick Reference Icon

Quick Reference Chart

StateProperty DisclosureEnvironmentalNatural Hazards
AlabamaRecommendedLead (federal)None
AlaskaRequiredLead + RadonMaterial facts
ArizonaRecommendedLead + ADEQLatent defects
ArkansasRecommendedLead (federal)None
CaliforniaRequiredLead + NHDFlood/Quake/Fire
ColoradoRequiredLead + Meth/RadonMining/Flood
ConnecticutRequiredLead + WaterFlood (buyer)
DelawareRequiredLead + RadonFlood
District of ColumbiaRequiredLead + HazMatFlood
FloridaRecommendedLead + RadonFlood + Sinkhole
GeorgiaRecommendedLead (federal)None
HawaiiRequiredLead + LavaTsunami/Lava
IdahoRequiredLead (fed)Psych. impact
IllinoisRequiredLead + RadonFlood history
IndianaRequiredLead + MethAirport zone
IowaRequiredLead + RadonFlood history
KansasRequiredLead + RadonFlood/Assessments
KentuckyRequiredLead + RadonFlood
LouisianaRequiredLead + MethFlood/Coastal
MaineRequiredLead + RadonMaterial defects
MarylandDisclosure/DisclaimerLead + FloodFlood
MassachusettsRecommendedLead onlyNone
MichiganRequiredLead + WaterFlood
MinnesotaRequiredLead + RadonFlood
MississippiRequiredLead + RadonFlood
MissouriRecommendedLead + MethNone
MontanaRecommendedLead + MoldNone
NebraskaRequiredLead + HazMatFlood
NevadaRequiredLead + HazMatFlood
New HampshireRequired*Water/SewerBuyer due diligence
New JerseyRecommendedLead + TankFlood
New MexicoRequiredLead + TaxFlood
New YorkRequiredLead + Flood QsFlood
North CarolinaRequiredLead + RadonFlood
North DakotaRecommendedLead (federal)None
OhioRequiredLead + HazMatFlood
OklahomaRequired/DisclaimerLead + HazMatFlood
OregonRequiredLead + HazMatFlood/Landslide
PennsylvaniaRequiredLead + RadonFlood/Mine
Rhode IslandRequiredLead + RadonCoastal/Flood
South CarolinaRequired/Opt‑outLead + TermiteFlood/Coastal
South DakotaRequiredLead + RadonFlood
TennesseeRequired/WaiverLead + HazMatFlood/Noise
TexasRequiredLead + CoastalFlood/Coastal
UtahRecommendedLead + MethNone
VermontRecommendedLead (rentals)None
VirginiaBuyer BewareChinese drywallFlood/Noise zones
WashingtonRequiredLead + Env. sectionFlood/Slide
West VirginiaRecommendedLead (federal)None
WisconsinRequiredLead + RadonFlood/Mine
WyomingRecommendedLead (federal)None
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Interactive State-by-State Requirements

Search, filter, and explore disclosure requirements for all 50 states + DC

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State Requirements

Showing 51 of 51 states

Alabama

Comprehensive

Property Condition

RecommendedAlabama follows **caveat emptor** (let the buyer beware); sellers have no general duty to disclose property defects. No state-mandated form is required, and the buyer is expected to inspect the home for issues.

Environmental

RecommendedNo specific state environmental disclosures are mandated. However, under fraud statutes sellers must disclose any *known* latent hazards that pose a health or safety risk (e.g. known lead paint, mold, or asbestos). Federal law still requires disclosing lead-based paint hazards for pre-1978 homes.

Natural Hazards

RecommendedNo state-required natural hazard disclosures. (Sellers only must reveal a hazard if its risk is known and it directly threatens the buyer’s safety.)

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

Limited

Property Condition

RequiredSellers must complete Alaska’s **Residential Real Property Transfer Disclosure Statement**, a comprehensive 9-page checklist covering dozens of items (property features, structural components, drainage, water/sewer systems, etc.): This written disclosure must be provided to buyers *before* they make an offer.

Environmental

RequiredThe Alaska disclosure form includes sections on system utilities and any material issues, which would encompass environmental concerns. Sellers must disclose known issues like soil contamination or hazardous materials if aware (and must comply with federal lead-paint disclosure for older homes).

Natural Hazards

RecommendedNo separate state-specific natural hazard form is mandated. Any known land hazards (e.g. flood history, permafrost issues) should be disclosed as material facts within the standard disclosure.

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

Moderate

Property Condition

RecommendedArizona law doesn’t prescribe a specific disclosure form, but sellers are obligated to inform buyers of known material facts affecting the property’s value. In practice, most use the Arizona REALTOR® **Residential Seller’s Property Disclosure Statement**, which covers various property conditions

Environmental

RequiredWhile not mandated via a state form, sellers must divulge known environmental hazards. The standard Arizona disclosure includes an *Environmental Information* section addressing issues like lead-based paint, mold, asbestos, etc.

Natural Hazards

RequiredArizona’s customary disclosure asks about external conditions. For example, sellers should note if the property is in a noise or accident zone (e.g. near a military airport) or other area that might affect use. Any known soil or drainage issues must also be revealed.

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

Comprehensive

Property Condition

RecommendedArkansas also adheres to **caveat emptor**; home sellers are *not* required to provide a written disclosure form. The burden is on buyers to inspect the property for defects, and sales are generally “as-is.”

Environmental

RecommendedNo Arkansas law compels sellers to disclose environmental hazards (aside from the federal lead-paint rule for older homes). Real estate agents are advised to use reasonable efforts to discover and disclose issues, but a For Sale By Owner seller has no such statutory duty.

Natural Hazards

RecommendedArkansas doesn’t mandate disclosing natural hazards like floods or earthquakes. Buyers should assess those risks independently. Sellers only need to avoid active concealment of 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

Limited

Property Condition

RequiredCalifornia imposes some of the strictest disclosure requirements. Sellers must complete a **Transfer Disclosure Statement (TDS)**, detailing the condition of the property’s structures and systems (roof, foundation, electrical, plumbing, appliances, etc.), and noting any malfunctions or defects. Additionally, sellers must disclose if any death occurred on the property within the past 3 years.

Environmental

RequiredCalifornia’s TDS and related laws mandate disclosing known environmental hazards. Sellers must reveal any known presence of lead-based paint (per federal law), asbestos, radon gas, toxic mold, contaminated soil, or other environmental risks on the property. A separate pamphlet on environmental hazards is often provided to buyers.

Natural Hazards

RequiredCalifornia requires a **Natural Hazard Disclosure (NHD)** statement in addition to the TDS. This disclosure informs buyers if the property lies in designated hazard zones: e.g. a FEMA flood zone, a high wildfire severity zone, or an earthquake fault zone:. These hazard disclosures are typically provided via a statutory form or report.

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

Limited

Property Condition

RequiredColorado law requires sellers to disclose a broad array of property information via the approved **Seller’s Property Disclosure** form. Sellers must inform whether the home is in a special taxing district, part of an HOA/common interest community, was ever used as a meth lab, the source of potable water, etc.. A newer Green Disclosure form also asks about energy-efficient features and sustainable materials.

Environmental

RequiredSellers in Colorado must disclose any known environmental issues. Notably, if the property was ever used in methamphetamine production, that fact must be disclosed by law. The disclosure form also covers indoor air quality and presence of any “green” or environmental features. Any known contamination or environmental hazard (like radon, asbestos, etc.) should be revealed as a material fact.

Natural Hazards

RequiredColorado’s disclosures include whether there are any mining operations or mineral rights issues that could affect the property. Sellers must also disclose if any mass transit projects (which can impact the area) are ongoing. While not explicitly called a natural hazard form, any known hazard (e.g. floodplain location) would fall under the duty to disclose material facts.

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

Limited

Property Condition

RequiredConnecticut law mandates a **Residential Property Condition Report**. The standard form (~36 questions) covers basic info (year built, length of ownership) and specific details about the condition of the roof, foundation, HVAC, electrical, plumbing, and other systems. Sellers are expected to answer each question and can provide additional detail or attach pages for explanations.

Environmental

RequiredConnecticut’s form inquires about environmental matters as well. Sellers must disclose any known hazardous materials (like radon, lead, asbestos) or environmental issues on the property. There is space for sellers to elaborate on any “Yes” answers, encouraging full disclosure of environmental hazards.

Natural Hazards

RequiredWhile Connecticut doesn’t have a separate natural hazard form, the condition report will include relevant questions (e.g., about drainage or flood issues on the property). Any known natural hazard (flood risk, erosion, etc.) that affects the property’s use or value must be disclosed as a material defect.

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

Limited

Property Condition

RequiredDelaware’s **Seller’s Disclosure of Real Property Condition Report** is one of the nation’s most exhaustive. It spans 7 pages with ~200 questions across 15 categories, thanks to the Buyer Property Protection Act. Everything from the age of the roof to the number of appliances is covered. Sellers must complete this form and provide it to buyers by law.

Environmental

RequiredDelaware specifically requires disclosure of certain environmental hazards. For example, sellers must inform buyers about any radon tests, inspections, or known radon hazards. The form also asks about any hazardous materials on the property, past termite/pest treatments, lead paint (per federal law), mold, and so on.

Natural Hazards

RequiredThe Delaware questionnaire will cover issues like drainage and whether the property is in a flood zone or wetlands. Sellers must disclose any known flooding, water intrusion history, or other natural hazard information that could affect the property’s value or require insurance.

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

Limited

Property Condition

RequiredWashington, D.C. requires sellers to provide a **Seller’s Property Condition Disclosure Statement** for residential properties. The DC form asks fundamental questions (how long the seller owned the home, etc.) and detailed specifics about the home’s condition across all major systems and features (roof, HVAC, appliances, etc.).

Environmental

RequiredD.C.’s disclosure law compels sellers to list known environmental issues. The form asks, for instance, if any hazardous materials are present on the property. Sellers must also comply with federal law by disclosing lead-based paint hazards (and providing the EPA lead safety pamphlet) for homes built before 1978. Any known environmental hazards (radon, asbestos, underground tanks, etc.) should be detailed.

Natural Hazards

RequiredSellers in D.C. must disclose known natural hazard risks. The standard form includes questions about **flood dangers** — e.g. whether the property lies in a flood zone or floodway. If the property has experienced flooding or is in an area prone to natural hazards, that information must be shared.

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

Limited

Property Condition

RequiredFlorida law (largely via case law) obligates sellers to disclose any known facts about the property that materially affect its value and are not readily observable. While Florida doesn’t have a single statutory form, the Florida Realtors® **Seller’s Property Disclosure** (Residential) is commonly used. It covers legal issues (e.g., liens, litigation), structural components, and other property conditions. Sellers must divulge items like any pending building code violations, boundary disputes, or past repairs.

Environmental

RequiredFlorida requires disclosure of various environmental hazards and issues. The standard disclosure form asks about any known **environmental hazards** – for example, the presence of asbestos, defective drywall (e.g. Chinese drywall), lead-based paint, mold, or other toxic materials39]{39}. Sellers also must disclose any termite or wood-destroying organism infestations or damage, past or present40]{40}.

Natural Hazards

RequiredAs of **October 1, 2024**, Florida law mandates a **Flood Disclosure** form be provided before or at contract signing. Sellers must inform buyers whether the property is located in a flood zone and include a flood insurance disclaimer (noting standard homeowners insurance doesn’t cover flood damage). They must also disclose any flood insurance claims filed or federal disaster assistance received for flood damage to the property. Additionally, Florida’s property disclosure (or separate forms) require noting any known sinkhole history on the property.

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

Comprehensive

Property Condition

RecommendedGeorgia law does not require a seller to fill out a formal property condition disclosure form. Transactions are essentially *“buyer beware,”* although sellers must answer truthfully if directly asked about a property issue. Many Georgia home sales still use a voluntary disclosure form (such as the Georgia Association of REALTORS form), but it isn’t mandated by statute.

Environmental

RecommendedNo specific environmental disclosures are mandated in Georgia beyond federal requirements (e.g. lead-based paint for pre-1978 homes). Georgia law is noteworthy for specifying what sellers do *not* have to disclose: for instance, there is **no requirement** to volunteer information about prior occupants having diseases, or about the property’s history involving violent crimes, murders, or suicide. Hazardous material issues (mold, radon, etc.) would only need to be disclosed if a buyer inquires or if their concealment would breach the general duty to avoid fraud.

Natural Hazards

RecommendedGeorgia does not compel disclosures of natural hazard risks (floodplains, etc.) by statute. Sellers should not actively hide such information, but they have no affirmative duty to disclose absent a question. Buyers should perform due diligence (e.g., check flood maps or inquire about past flood issues).

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

Limited

Property Condition

RequiredHawaii law requires sellers to provide a **Seller’s Real Property Disclosure Statement** (HRS §508D). The Hawaii Association of REALTORS® offers a standard 4-page form covering 7 key sections of property information. These sections include appliance condition, property site conditions (like presence of fill or easements), structural or renovation history, homeowners association rules, utilities, condominium/planned community details, etc. Sellers must disclose material facts within each category.

Environmental

RequiredUnder Hawaii law, any known environmental hazards (for example, presence of lead paint, asbestos, or soil contamination) must be disclosed in the property disclosure statement. The standard form’s sections prompt sellers to reveal issues like past pest treatments (e.g., for termites) or use of any hazardous chemicals on the property, and there’s space to describe any environmental concerns.

Natural Hazards

RequiredIf the property lies in a known hazard zone (flood, tsunami inundation, etc.), Hawaii sellers are expected to disclose that fact as a material condition. The standard form may not have a separate “natural hazards” section, but Hawaii law (HRS §508D-15) requires disclosure of material facts about the property’s location or environment. Thus, known issues like being in a lava flow zone or flood zone should be reported.

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

Limited

Property Condition

RequiredIdaho law requires sellers to provide a **Property Condition Disclosure Form** to buyers (Idaho Code §55-2508). Idaho’s form is relatively concise (about 2 pages) and must be given to the buyer within 10 days after the buyer signs a purchase offer. It asks the seller to answer questions about the foundation, roof, electrical, heating/AC, plumbing, and septic systems, among others.

Environmental

RequiredThe Idaho disclosure form also inquires about **hazardous materials or pest infestations** on the property. Sellers must indicate if they know of any environmental problems like the presence of toxic substances (e.g. asbestos, radon) or if the home has had issues with pests (termites, rodents, etc.). Federal law regarding lead paint disclosure applies as usual for homes built before 1978.

Natural Hazards

RecommendedIdaho’s form doesn’t explicitly list natural hazards like flood zones; however, any such issues that constitute a defect (for example, frequent flooding of the basement) would fall under the requirement to disclose material problems. There is no separate state-mandated natural hazard disclosure document in Idaho.

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

Limited

Property Condition

RequiredIllinois’ **Residential Real Property Disclosure Act** requires sellers to complete a statutory disclosure report for nearly all residential sales. The **Residential Real Property Disclosure Report** is a checklist of yes/no questions about the property’s condition. It covers structural/material defects in walls, roof, foundation, electrical, plumbing, etc., as well as other issues like basement leaks or code violations. This form must be delivered to the buyer before signing a purchase contract.

Environmental

RequiredIllinois’ disclosure form explicitly asks about **environmental issues** and hazards. Sellers must indicate if they are aware of any unsafe conditions or environmental problems, such as contamination, underground fuel storage tanks, or environmental damage on the property. Additionally, Illinois has a **Radon Awareness Act** – sellers must provide buyers with two informational pamphlets about radon and disclose any known radon test results or hazards, before the buyer is bound by a contract.

Natural Hazards

RequiredThe Illinois form includes questions on flood risks and history. Sellers need to disclose if the property is located in a flood plain or has ever flooded or has current flood insurance. Any known mine subsidence or other natural hazard affecting the property should be disclosed as well (Illinois has separate requirements in mine subsidence areas to inform buyers about available insurance).

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

Limited

Property Condition

RequiredIndiana’s Residential Real Estate Disclosure Law mandates that sellers complete a form known as the **Seller’s Residential Real Estate Sales Disclosure**. This form, which must be delivered to the buyer before closing, asks the seller to detail the condition of major components and systems: the roof, foundation, mechanicals, appliances, etc. and whether they are in working order.

Environmental

RequiredIndiana’s form includes questions related to environmental concerns. Sellers must disclose if they know of any contamination or hazardous conditions on the property. For example, the form asks if the property was ever used to manufacture methamphetamine (a serious environmental hazard). It also inquires about pest infestations (termites or rodents). Federal lead disclosure rules also apply for older homes.

Natural Hazards

RequiredAmong the Indiana disclosure questions are ones about external factors: sellers have to say if the home is within one mile of an airport (which can mean noise issues). While Indiana doesn’t require a separate hazard report, any known natural hazard (like flooding, mine subsidence, etc.) that has affected the property should be disclosed as a material fact.

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

Limited

Property Condition

RequiredIowa law (Iowa Code §558A) requires that home sellers “deliver a written disclosure statement” to prospective buyers covering the property’s condition. The Iowa Department of Licensing provides a standard 4-6 page form (about 19 questions) that sellers must complete. It asks about the condition of various aspects of the home (basement, roof, electrical, plumbing, etc.).

Environmental

RequiredIowa’s form specifically calls for disclosure of certain environmental hazards. For instance, sellers are asked whether they are aware of any presence of radon gas or asbestos on the property. Any “Yes” answers (e.g. known radon presence) typically require explanation. Additionally, Iowa sellers must provide the EPA’s lead hazard pamphlet and disclosure if the home was built before 1978.

Natural Hazards

RequiredThe Iowa questionnaire includes general questions that could encompass natural hazards. Sellers should disclose known problems like flooding in the basement or property sitting in a flood plain (as part of disclosing basement or land conditions). There isn’t a separate mandated form for natural hazard zones in Iowa, but material issues like flood history are part of the required disclosure.

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

Limited

Property Condition

RequiredKansas doesn’t prescribe one official form, but it has very **specific disclosure requirements** by law. Sellers must disclose any material defects in the property (structure, systems), any defects in title, any environmental hazards, and any material limitations on their ability to perform the contract. In practice, sellers usually fill out a comprehensive Property Condition Report that covers these points.

Environmental

RequiredKansas requires disclosure of **environmental hazards affecting the property**. This means if the seller is aware of issues like soil or groundwater contamination, presence of radon, asbestos, lead-based paint, or any environmental contamination, it must be revealed. Kansas law also explicitly calls for a separate notice about radon gas presence (though federal law covers lead.

Natural Hazards

RequiredSellers in Kansas must inform buyers of any known *material* natural hazard related to the property. While there’s not a standalone hazard form, if the home lies in a flood zone or has ever been affected by a natural disaster, those are material facts to disclose. Kansas also uniquely requires informing buyers about any special assessments (extra taxes) on the property, which can occur in certain improvement or flood control districts.

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

Limited

Property Condition

RequiredKentucky law requires sellers to fill out a **Seller’s Disclosure of Property Condition** (provided by the Kentucky Real Estate Commission). It’s a four-page form divided into ten sections, covering various aspects: boundary lines and easements, structural additions or remodeling, foundation/basement issues, roof history, land drainage and flood zones, systems (plumbing, electric, HVAC), etc.

Environmental

RequiredThe Kentucky disclosure form has a section for **environmental issues**. Sellers must indicate if they are aware of environmental problems such as asbestos, radon gas, methane, mold, or any other hazardous materials on the property. Additionally, the form asks about gas leaks and any tests of the drinking water (which could indicate contamination). Known pest infestations or damage should also be disclosed.

Natural Hazards

RequiredOne section of Kentucky’s form deals with **land, drainage and flood zone information**. Sellers must disclose if the property has any known drainage issues or if it is located in a floodplain or has ever flooded. This ensures buyers are aware of any natural water-related hazards. Other natural hazards (like mines or sinkholes) would fall under disclosing any land defects or “other material facts.”

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

Limited

Property Condition

RequiredLouisiana law (La. Civ. Code art. 2548; La. R.S. 9:3196-9:3200) requires sellers to disclose any **known material facts** that negatively affect the property’s value. The Louisiana Real Estate Commission publishes a standard **Property Disclosure Document** that sellers must fill out. It uses a yes/no checklist format covering the basics of the home’s structure and systems. Sellers are obligated to answer truthfully to the best of their knowledge.

Environmental

RequiredThe Louisiana disclosure specifically calls out certain environmental hazards. Sellers must state whether the property was ever used for methamphetamine production (a serious contamination issue). They also must disclose any known “hole or cavity” under the property and if the property is within 1/2 mile (2640 feet) of a solution mining injection well (this relates to sinkhole risks from salt dome mining). Other environmental issues like lead paint, asbestos, or mold are captured under the general duty to disclose material facts if known.

Natural Hazards

RequiredLouisiana’s form and statutes don’t enumerate common natural disasters, but any known hazard (like the property being in a designated floodway or having flooded before) should be disclosed. Moreover, if a property is zoned or has been used for commercial/industrial purposes, that must be disclosed, as it may indicate potential environmental or land use concerns. Louisiana homeowners are also expected to disclose if the property is in a designated coastal zone requiring certain disclosures (if applicable).

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

Moderate

Property Condition

RequiredMaine law (33 M.R.S. §173) doesn’t mandate a specific form but does require sellers of residential property to disclose certain information in writing to buyers. Sellers must inform buyers about key property systems: the type of water supply (well, public, etc.), the type of insulation, the heating system, the waste/sewage disposal system, and any other known material defects.

Environmental

RequiredMaine’s required disclosures include **hazardous materials**: sellers must disclose any known presence of hazardous substances like asbestos, radon, or underground storage tanks on the property. If the home has had radon tests or is known to have high radon levels, that information should be shared (Maine even has specific radon testing disclosure requirements in rentals, and encourages it in sales). Lead paint disclosure is federally required for older homes as usual.

Natural Hazards

RecommendedMaine does not list natural hazards (flood zones, etc.) explicitly in its statute, but anything that constitutes a “material defect” must be disclosed. For example, if the property is in a flood-prone area or on a shoreline subject to erosion, that should be noted as an “other material defect” affecting the property. There isn’t a separate Maine form for hazard zones beyond that.

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

Moderate

Property Condition

RequiredMaryland’s approach is unique: home sellers must choose **either** to fill out a disclosure form or to provide a disclaimer statement (but not both). If the seller opts for **disclosure**, they complete the Maryland Residential Property Disclosure Statement, which asks about the condition of the roof, foundation, basement, HVAC, plumbing, electrical, etc. If the seller opts for **disclaimer**, they skip the detailed questions and instead give the buyer a notice that the property is sold “as is,” making no representations about condition.

Environmental

RequiredIf a Maryland seller chooses the full disclosure route, they must also disclose environmental conditions (like known presence of radon, lead paint, underground oil tanks, etc.) as part of the form. If they choose the disclaimer route, they are not listing any details—but note that even with a disclaimer, **lead paint disclosure is mandatory** for pre-1978 housing (Maryland has a separate Lead Poisoning Prevention Program). So lead hazards must be disclosed regardless. Also, Maryland requires sellers to disclose if the property is in a flood zone or wetlands within the form if they are disclosing.

Natural Hazards

RequiredMaryland’s disclosure form (if used) will ask about any water problems on the property, including drainage, flooding, or location in a flood hazard area. Sellers who disclaim are essentially telling buyers to ascertain such conditions themselves, but they still must disclose **latent defects**. Under Maryland law, even if giving a disclaimer, a seller must disclose latent defects that pose a risk to health or safety (which could include certain 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

Comprehensive

Property Condition

RecommendedMassachusetts is largely a **“buyer beware”** state. Sellers of residential property are not obligated by state law to fill out a comprehensive disclosure form for property condition. In fact, Massachusetts law explicitly requires disclosure of only two things: (1) whether the property has lead paint (for homes built before 1978, per federal and state lead laws), and (2) the condition of the septic system (Title 5 inspection report, if the property is not on a public sewer)

Environmental

RequiredThe only mandated environmental disclosure in Massachusetts is regarding **lead paint**. Sellers (and landlords) must provide the Massachusetts Lead Paint Notification and Certification form about lead hazards. Other environmental issues (radon, asbestos, etc.) are not automatically required to be disclosed by law. However, if a buyer inquires or if not disclosing a known serious hazard would constitute fraud, the seller should disclose it. Massachusetts encourages buyers to do inspections, and sellers must allow access for that purpose.

Natural Hazards

RecommendedMassachusetts does not mandate disclosing natural hazard risks like floods or storm damage history. There’s no state form for, say, flood zone disclosure. Sellers should answer truthfully if asked about such issues, but they aren’t compelled to volunteer the information. Coastal property sellers often voluntarily disclose erosion or flood insurance info to avoid later issues, but it’s not required by statute.

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

Limited

Property Condition

RequiredMichigan has required a seller’s disclosure form since 1994 (per Michigan Compiled Laws §565.951-565.965). Sellers must complete the standard **Seller’s Disclosure Statement** form (which is provided in the statute and by the Michigan Association of Realtors) and give it to the buyer before execution of a binding purchase agreement. The form asks about the condition of the roof, basement (leaks), well or septic (if any), structural integrity, appliances, and other property features, with check boxes for each.

Environmental

RequiredMichigan’s disclosure form includes items on environmental concerns. Sellers must disclose known environmental problems like environmental contamination, toxic materials (e.g. underground tanks, chemical spills), and also whether the drinking water is safe (if on a well). The form specifically asks if the seller knows of any environmental problems or hazards. As always, lead-based paint disclosure is required separately for homes built before 1978.

Natural Hazards

RequiredSellers in Michigan must disclose any known flood hazards or flooding history as part of the form (there is a question about “flood insurance” or known flooding in the basement/yard). Additionally, if the property is located in a floodplain or has experienced flood damage, that should be noted. There is no separate official “natural hazards” report in Michigan, but the general duty to disclose material conditions would include things like known high-risk erosion zones on the Great Lakes shores or similar issues if applicable.

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

Limited

Property Condition

RequiredMinnesota law compels sellers to make a written disclosure of property condition (Minn. Stat. 513.52-513.60). The standard **Seller’s Property Disclosure Statement** in Minnesota is a lengthy form (around 8-10 pages) with detailed questions about the property’s history and condition. Sellers must disclose year built, year purchased, any significant repairs or upgrades, etc., and answer specific questions about structural components, roof history, appliances, and more.

Environmental

RequiredMinnesota’s form asks about **environmental hazards** directly. It inquires whether the seller is aware of any environmental issues such as the presence of asbestos or any contamination of soil or ground water. Sellers must also indicate if they know of any radon concentrations (and Minnesota has a separate Radon Awareness Act requiring a disclosure about radon and a warning statement). The form includes questions on other hazards like mold and any pets (which could indicate potential allergies or pest issues).

Natural Hazards

RequiredWhile Minnesota does not have earthquakes, the disclosure will cover things like whether the property is in a designated flood plain or has had water intrusion. Sellers should disclose any known flooding or drainage issues. The statutory form may not explicitly list “natural hazards,” but any such issue (like a history of storm damage or location in a vulnerable area) is a material fact that must be disclosed. Minnesota also requires disclosure if the property is located near an airport or military installation (due to noise).

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

Limited

Property Condition

RequiredMississippi’s **Property Condition Disclosure Act** (Miss. Code §89-1-501 et seq.) requires sellers of 1–4 unit residential properties to deliver a written disclosure statement to prospective buyers. The Mississippi Real Estate Commission provides an official **Property Condition Disclosure Statement (PCDS)** form, which the seller should complete to reveal any known defects in the property’s structure, systems, and components. This disclosure must be given to the buyer “as soon as practicable” and no later than the time an offer is accepted.

Environmental

RequiredMississippi’s disclosure law mandates that sellers disclose known material defects, which includes environmental hazards. On the state’s PCDS form, sellers are prompted to indicate knowledge of issues such as past termite damage/treatment, presence of lead-based paint (federal law), radon or mold problems, or any toxic materials on site. If the property has ever had environmental testing (for example, soil or groundwater contamination), that should be disclosed as well.

Natural Hazards

RequiredThe Mississippi PCDS form covers land and drainage issues, so sellers must disclose things like whether the property is in a flood zone or has had standing water problems. Any known natural hazards (flooding, erosion, known risk of hurricanes or tornado damage particular to the home, etc.) that have affected the property or require insurance should be disclosed. Mississippi’s form also asks if any portion of the property is in a coastal boundary zone or wetlands, which could impose use limitations.

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

Moderate

Property Condition

RecommendedMissouri law has relatively few specific seller disclosure requirements. There is no mandatory general condition form by statute, although sellers are expected to disclose known material defects under common law fraud principles. Many Missouri sellers use a standard disclosure form (provided by REALTORS®) voluntarily, but legally Missouri leans toward “buyer beware” with only certain disclosures explicitly required (e.g., about meth labs and waste disposal sites).

Environmental

RequiredMissouri does have some targeted environmental disclosure laws. By statute, if a property was used as a site for **methamphetamine production**, the seller must disclose that in writing to the buyer. Also, if the property contains a permitted or unpermitted solid waste disposal site or demolition landfill, that must be disclosed along with the location and notice that the buyer could be liable for cleanup. Aside from these, sellers should disclose any known environmental hazards (like contaminated well water, lead paint per federal law, or mold issues) as part of their general duty to not conceal material facts.

Natural Hazards

RequiredMissouri doesn’t require a generic natural hazard statement, but a few specific things are covered: Sellers do not have to disclose “psychologically impacting” events (like a past murder or disease in the home). For actual physical hazards, sellers should inform buyers of known issues like flooding, because failure to do so could be seen as an “unfair practice” under Missouri’s Merchandising Practices Act if it’s material. Missouri law also doesn’t require disclosing that a property is in a floodplain or seismic zone, but many sellers will do so via the standard form to avoid future problems.

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

Comprehensive

Property Condition

RecommendedMontana is essentially a **caveat emptor** state for private home sales. There are *no* state laws requiring a seller to fill out a property condition disclosure form, and Montana courts generally uphold “as is” clauses. The duty to disclose falls only under common law anti-fraud principles—meaning a seller shouldn’t actively misrepresent or hide a known material defect. Otherwise, the buyer is expected to inspect and accept the property’s condition.

Environmental

RequiredMontana law does have a specific requirement regarding mold. Under the Montana Mold Disclosure Act, if a seller (or their agent) has knowledge of mold in the property, they must disclose that to the buyer prior to or at the time of sale. Additionally, federal law requires disclosure of lead-based paint hazards in pre-1978 housing, which applies in Montana. There’s no state mandate to disclose other environmental issues (radon, asbestos, etc.), but if such an issue poses a health risk and the seller knows about it, not disclosing could be considered fraudulent concealment.

Natural Hazards

RecommendedMontana does not compel any natural hazard disclosures (like flood zone or earthquake fault info) by statute. Given its caveat emptor stance, a seller is not obliged to volunteer information such as wildfire risk or proximity to mines. That said, if an environmental hazard (e.g., being in a floodplain that regularly floods the basement) is a known defect, a seller who is asked about it should answer honestly. Real estate agents, under their duties, would need to disclose known material facts about hazards to buyers even if the seller is not legally bound to do so.

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

Limited

Property Condition

RequiredNebraska law (Neb. Rev. Stat. §76-2,120) requires sellers of residential real estate to **provide a written disclosure statement** regarding the condition of the property, on or before entering into a contract with a buyer. The law is very specific in listing what must be disclosed: (a) the condition and age of all included appliances; (b) the condition of electrical, heating, cooling, plumbing systems; (c) the condition of the water supply and sewage systems; (d) the condition of the structural components and any improvements or additions; (e) any hazardous conditions or environmental hazards; (f) any problems with title (easements, encroachments, zoning); and (g) the existence of any utility connections/shared utility arrangements131. The Nebraska Real Estate Commission publishes an official disclosure form covering all these points.

Environmental

RequiredNebraska explicitly requires disclosing *“hazardous conditions”* on the property, which would include environmental hazards. Sellers must state any known environmental contamination, such as the presence of toxic materials (like chemical spills, underground storage tanks), infestations, or other hazardous materials. Radon and lead: Nebraska law doesn’t separately list radon, but radon would fall under hazardous conditions. Lead paint hazards must be disclosed per federal law. Essentially, any environmental issue that could affect health or safety or materially affect property value needs to be on the disclosure.

Natural Hazards

RequiredThe required Nebraska disclosures include whether the property is in a *“flood plain”* or has other land/drainage issues (this would be part of disclosing hazardous conditions or structural improvements). Sellers should indicate if the property has ever flooded or has flood risk. Additionally, any easements or restrictions (for example, in a flood control project area) must be disclosed as title conditions. There isn’t a separate multi-page hazard report—these issues are integrated into the main disclosure requirement.

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

Limited

Property Condition

RequiredNevada law (NRS 113) requires sellers of residential property (1-4 units) to provide a **Seller’s Real Property Disclosure** (SRPD) to the buyer. The disclosure statement must be given to the buyer at least 10 days before closing, and the buyer then has 4 working days after receipt to rescind if they find something objectionable. Nevada’s statutory disclosure asks the seller to reveal **all known material defects** in the property. The Nevada Real Estate Division provides a standard SRPD form covering the condition of structural elements, major systems, and other property information.

Environmental

RequiredNevada’s required disclosure includes any known **environmental or hazardous conditions** on the property. Sellers must disclose things like the presence of mold, any known water quality issues, existence of underground fuel storage tanks, or past use of the property as a meth lab (which is an environment hazard and actually separately regulated in NV). Lead-based paint must be disclosed per federal law. While Nevada doesn’t enumerate each hazard in the statute, the expectation is disclosure of “all known material defects,” which encompasses environmental problems.

Natural Hazards

RequiredIn Nevada, sellers should disclose natural hazard information as part of material defects if relevant. For example, if the property is in a FEMA flood zone or has a history of flooding, that is a material fact. Similarly, if the property is in a known earthquake fault zone or subject to land subsidence (some areas of Nevada have geothermal activity or mining-related subsidence), those conditions should be disclosed. Nevada’s SRPD form typically has questions about soil settlement, drainage problems, or any past damage from natural events, ensuring these come to light.

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

Moderate

Property Condition

RequiredNew Hampshire law requires sellers to disclose specific information about certain home systems. By statute, if the property has a **private water supply, private sewage disposal system, or an insulation issue**, the seller must disclose details about these to the buyer140]{140}. There isn’t a comprehensive mandated form covering everything; instead, the law targets those particular areas. In practice, the New Hampshire Association of REALTORS provides a broader **Property Disclosure Form** that many sellers use voluntarily to cover general conditions as well141]{141}.

Environmental

RequiredBeyond water, sewer, and insulation, New Hampshire doesn’t list other environmental items in its statute. However, sellers (and agents) are expected to disclose known hazardous materials or environmental concerns under general principles. For example, if a seller knows of radon in the home or arsenic in the well water, that’s important information. The standard NH disclosure form includes sections for hazardous materials, even if not strictly mandated. Also, sellers must comply with federal lead paint disclosure rules for older homes.

Natural Hazards

RecommendedNew Hampshire’s laws do not explicitly require disclosing natural hazards like flood zone status. The onus is somewhat on buyers to discover those via inspections or inquiries. That said, if a property has a known issue (say it is on a flood-prone riverbank or had ice dam problems every winter), those could be considered material facts that an honest seller (or the seller’s agent) should divulge if asked. Many New Hampshire sellers choose to fill out the available standard disclosure form to avoid any appearance of hiding issues.

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

Moderate

Property Condition

RecommendedNew Jersey does not have a statutory seller’s disclosure form and is technically a “buyer beware” state. However, New Jersey case law imposes a duty on sellers to disclose latent material defects that are known to them. Essentially, while there’s no state-mandated checklist, sellers can be held liable if they knowingly withhold information about a defect that isn’t obvious. In practice, most NJ sellers will fill out a standard disclosure provided by their real estate agent to document all known issues.

Environmental

RequiredUnder New Jersey common law, if a seller knows of an environmental hazard on the property (for instance, contaminated well water, underground oil tank leaks, presence of lead paint, or radon problems), they must disclose those because they materially affect the value and safety. There’s no specific state list, but NJ’s implied warranty of habitability means certain issues (like toxic waste or severe mold) could render a home uninhabitable if not fixed. New Jersey, like other states, requires compliance with federal lead disclosure rules (and has additional requirements if an underground oil storage tank is present).

Natural Hazards

RecommendedNew Jersey doesn’t compel disclosure of “psychological” or non-physical aspects—e.g., a crime in the house or rumored ghosts—unless asked. For actual natural hazards: if a home is in a flood hazard area or has a history of flood damage, a seller should disclose that as a material fact. There isn’t a specific statutory form for it, but failing to mention chronic flooding could be considered concealment. NJ law also has the “Off-Site Conditions Disclosure Act” requiring developers (and in some cases sellers) to notify buyers of certain off-site conditions like proximity to a landfill or wetlands; realtors often supply this notice in sales.

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

Limited

Property Condition

RequiredNew Mexico requires sellers to disclose all known material defects in writing, and to do so **before** a purchase offer is accepted. There is no single statutory form, but the New Mexico Association of REALTORS provides a standard **Property Disclosure Statement** that is widely used. It covers the condition of the home’s structure, roof, electrical, plumbing, HVAC, etc., as well as other issues the seller knows about. Sellers must act in good faith and not hide defects.

Environmental

RequiredNew Mexico’s emphasis is on known defects, which includes environmental hazards. Sellers should disclose issues such as underground storage tanks, chemical contamination, known mold or asbestos, and any other environmental dangers on the property. Additionally, New Mexico has a notable requirement: sellers must provide the buyer with a **property tax levy estimate** from the county assessor based on the listing price. This is not an environmental issue, but it is a unique disclosure focusing on future property taxes, ensuring buyers are aware of that financial aspect.

Natural Hazards

RequiredWhile New Mexico doesn’t have a separate “natural hazard disclosure” form like California, sellers should inform buyers of any known natural hazard impacts. For example, if the property is in a floodplain or has experienced flood or fire damage, those are material facts to state. New Mexico’s landscape varies (from flood-prone arroyo areas to high wildfire risk zones); any hazard that has a material effect on the property or requires special insurance ought to be disclosed to comply with the spirit of full disclosure.

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

Limited

Property Condition

RequiredNew York’s **Property Condition Disclosure Act (PCDA)** requires sellers of 1-4 family homes to complete a detailed **Property Condition Disclosure Statement** (PCDS) and deliver it to buyers before a binding contract is signed148]{148}. (Co-ops, condos, estates, and new constructions are exempt.) The statutory form originally had 48 questions, but as of 2024 it expanded to 56 questions. It covers the home’s systems and structure, including history of ownership, structural conditions, roof, basement, plumbing, heating, electrical, and more149]{149}.

Environmental

RequiredNew York’s PCDS devotes several questions to environmental and hazard issues. Sellers must disclose any known environmental contamination (such as radon, asbestos, lead, or underground fuel tanks) and whether the property is located near a landfill, dump, or agricultural chemical site. In 2024, New York added specific **flood risk questions** to the disclosure150]{150}151]{151} – sellers now must state if the property is in a FEMA 100-year or 500-year floodplain, if flood insurance is required, and whether they’ve ever filed a flood damage claim or received FEMA/ SBA flood assistance152]{152}. Additionally, sellers have to disclose any known mold issues and whether the property is in an agricultural district (which could involve pesticide use, etc.).

Natural Hazards

RequiredApart from the floodplain disclosure (noted above), New York’s form asks if the property is in a designated wetland, within a coastal erosion hazard area, or subject to any other natural hazard regulations. Sellers should disclose any earth stability issues (e.g., settling, foundation issues) as well. Earthquake risk is generally low in NY, but if relevant in some areas, it would fall under general structural concerns. Essentially, any natural condition affecting the property (like proximity to a shoreline, in a wildfire-prone pine barrens, etc.) that the seller knows of should be disclosed.

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

Limited

Property Condition

RequiredNorth Carolina sellers must provide the **Residential Property and Owners’ Association Disclosure Statement** (NC General Statutes §47E) to the buyer no later than the time the buyer makes an offer155]{155}. This form covers the condition of the property’s structure and systems (roof, plumbing, electrical, HVAC, etc.) and also asks about any known defects. Notably, North Carolina’s form allows the seller to answer “Yes” (there is a problem), “No” (no problem), or “No Representation” for each question156]{156}. Selecting “No Representation” means the seller is essentially not providing information on that item.

Environmental

RequiredNorth Carolina’s disclosure law specifically highlights certain environmental aspects. For example, sellers must disclose any known **hazardous materials or conditions**, and in particular, any information they have about radon gas or radon inspections must be disclosed157]{157}. The form also asks about lead-based paint (although that’s separately covered by federal law for older homes) and if the seller has any knowledge of asbestos or underground storage tanks. If a seller truly doesn’t know, they might put “No Representation,” but doing so could make buyers uneasy.

Natural Hazards

RequiredWhile NC’s form doesn’t have a separate natural hazard section, it does ask about flood hazards in an indirect way (for instance, about problems with drainage or if the property is in a flood zone requiring insurance). Sellers must also disclose if the property is subject to any natural resource regulations (like being in a coastal area under the Coastal Area Management Act). Timing is important: the disclosure has to be delivered before an offer is made or the buyer can rescind any resulting contract within 3 days of late receipt. So practically, sellers present it upfront.158]{158}

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

Comprehensive

Property Condition

RecommendedNorth Dakota does not have a state-mandated disclosure form for sellers. However, like most states, sellers are expected to disclose known material defects to avoid fraud. In essence, ND is often listed among “buyer beware” states, meaning there’s no formal statutory checklist. Sellers commonly will still provide a written summary of the property condition (and local REALTORS® often encourage using a standard form), but it’s not legally required by the state.

Environmental

RecommendedThere are no specific North Dakota statutes requiring disclosure of environmental hazards (beyond federal requirements like lead paint). That said, if a seller knows of an environmental problem (say, a chemical spill on the property or a persistent radon issue), and that problem is not obvious, there is a risk of liability for fraudulent nondisclosure if they fail to mention it. ND real estate practice typically follows general duty: disclose anything that could reasonably affect the buyer’s decision or the property’s value.

Natural Hazards

RecommendedNorth Dakota doesn’t mandate disclosing natural hazards such as flood zones or blizzard impacts by law. Buyers should investigate these on their own. Of course, if a property has, for example, a flood control easement or has suffered flood damage that was repaired, a prudent seller would disclose that to avoid any claim of hiding material facts. Real estate agents in ND, by professional ethics, would disclose such facts if they know them, even if the seller might not volunteer them independently.

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

Limited

Property Condition

RequiredOhio law (Ohio Rev. Code §5302.30) requires sellers of residential real estate to complete and provide a **Residential Property Disclosure Form**. The form is a comprehensive checklist asking about the condition of the property’s structure and major systems (roof, basement, water intrusion, HVAC, plumbing, electrical, etc.), as well as other aspects like zoning or boundary disputes. The seller must give this to a prospective buyer **prior** to the signing of any purchase agreement (with a few exceptions, such as if the transfer is an estate or foreclosure, or if the buyer has lived on the property for at least a year as a tenant).

Environmental

RequiredOhio’s disclosure form asks about various environmental or hazard issues. Sellers must disclose any known presence of hazardous materials (like asbestos, radon, lead paint, or underground storage tanks). There are specific questions such as: “Do you know of any current flooding, drainage, or grading problems affecting the property?” and “Do you know of any underground storage tanks or environmental contamination?” If the home was built before 1978, the federal lead disclosure form must also be provided. Ohio also has a separate **mold information pamphlet** that is recommended but not required by law.

Natural Hazards

RequiredOn the Ohio form, sellers are asked about water damage and flooding, which covers part of natural hazard disclosure. Ohio doesn’t have earthquakes to worry about in most areas, but mine subsidence is an issue in some parts of Ohio – sellers in known mine subsidence counties should disclose any knowledge of past subsidence or if they have mine subsidence insurance (the form may prompt this in the structural section). Additionally, the form asks if the property is subject to any environmental conservation easements or landslides, etc., which touches on natural conditions affecting it.

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

Moderate

Property Condition

RequiredOklahoma’s **Residential Property Condition Disclosure Act** requires sellers to either (a) provide a **Property Condition Disclosure Statement**, or (b) in limited cases, a **Property Disclaimer Statement**. Essentially, most homeowners selling their property must fill out the official disclosure form (issued by the Oklahoma Real Estate Commission) unless they qualify to use a disclaimer. The disclaimer can only be used if the seller has never lived in the property *and* has no actual knowledge of any defects. All other sellers must complete the disclosure form covering the property’s condition (structure, roof, utilities, etc.).

Environmental

RequiredOn the Oklahoma disclosure form, sellers are asked about environmental conditions like the presence of hazardous or regulated materials (for example, if they are aware of any asbestos, lead-based paint, methane gas, radon, or other environmental contamination on the property). Oklahoma also requires a separate disclosure about whether the property is subject to any **sex offender registration** (though typically agents guide buyers to public registries; still, it’s encouraged to inform buyers if known). Lead paint disclosure is federally mandated for older homes, and Oklahoma’s form has a section for that acknowledgment as well.

Natural Hazards

RequiredOklahoma’s disclosure law doesn’t list “natural hazards” separately, but sellers should disclose known issues such as whether the property is in a floodplain or has flooded before, if known (the form includes a question on water intrusion or drainage issues). Oklahoma is prone to tornadoes, but there’s no requirement to disclose that risk (it’s assumed as regional). If the property had tornado or storm damage that was repaired, disclosing that as part of past insurance claims or repairs is prudent. Earthquakes have become more common in OK in recent years; while not mandated to disclose earthquake risk, any quake-related damage that was repaired or any known vulnerability should be disclosed as a defect.

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

Limited

Property Condition

RequiredOregon law (ORS 105.464) requires sellers of 1-4 residential units to provide a signed **Property Disclosure Statement** to each buyer who makes a written offer. Oregon offers a state-approved form that sellers can use, though they aren’t strictly required to use that exact form as long as the required content is covered. Sellers must disclose information in several areas: title/legal (encumbrances, easements), the dwelling’s structure and fixtures (roof, foundation, etc.), **home systems** (water, sewage, insulation, etc.), and any issues with the property or lot (soil stability, common areas, etc.).

Environmental

RequiredOregon’s required disclosures include environmental concerns indirectly via “hazardous materials.” The statute specifically requires disclosure about insulation (energy efficiency) and also asks if the seller is aware of any substances like asbestos, lead paint, radon, or other environmental toxins on the property (the state form has questions to that effect). Sellers must also disclose any pest infestations or treatments. Additionally, Oregon has separate requirements if a property is within certain farming or forest zones (to inform buyers about potential environmental odors or practices in the area, though that’s more of a notice than a defect disclosure).

Natural Hazards

RequiredOregon doesn’t have a stand-alone natural hazard disclosure document, but the property disclosure includes relevant items. Sellers must indicate if the property is in a 100-year floodplain, a landslide zone, or subject to any natural resource protections (like wetlands). The provided form asks about drainage, flooding, or grading problems as well. If a home is in a designated wildfire hazard zone, that may also need to be disclosed per newer regulations (especially in wildfire-prone counties as of 2022-2023 legislation). In short, any natural hazard that the seller knows of (flooding, earthquakes, etc.) should be disclosed as a material fact in Oregon.

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

Limited

Property Condition

RequiredPennsylvania’s Real Estate Seller Disclosure Law (68 P.S. §7301 et seq.) requires most home sellers to provide a **Seller’s Property Disclosure Statement**. The Pennsylvania Association of Realtors form includes the minimum statutory questions plus additional ones for completeness171. Sellers must disclose information about the property’s condition including the roof, basement (water leakage), termites/pests, structural problems, plumbing, electrical, heating/cooling, and more. The disclosure must be delivered to a buyer **before** the buyer signs an agreement of sale, otherwise the buyer can void the deal.

Environmental

RequiredPennsylvania’s required disclosure covers **hazardous substances**. Sellers have to state whether they are aware of any hazardous materials on the property (for instance, underground storage tanks, mold, asbestos, radon, etc.)173]{173}174]{174}. Pennsylvania law was updated some years back to include a specific question about lead-based paint (although federal law covers that, PA wanted to ensure it’s on the state form too). If a home has a well or septic, water quality or contamination issues must be disclosed. The PAR form also directly asks about the presence of any environmental hazards or if any testing has been done for things like radon.

Natural Hazards

RequiredOn the Pennsylvania disclosure, sellers are asked about **land** and soil stability issues, drainage problems, and if the property is in a flood zone requiring insurance (and if they ever received federal flood aid). Pennsylvania has areas with mine subsidence risk (due to past coal mining), so if the seller is aware of any past mine subsidence claims or damage, that should be disclosed (and the state provides information about mine subsidence insurance to buyers). Additionally, any known storm damage or other natural event affecting the property should be disclosed in the appropriate section (roof, basement, etc.).

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

Limited

Property Condition

RequiredRhode Island law (R.I. Gen. Laws §5-20.8) requires a **Real Estate Sales Disclosure Form** for residential property transactions. The Rhode Island Real Estate Commission provides a standard form175]{175}. Sellers must disclose key facts including the property’s age, the length of their ownership, and details on the property’s systems and structural condition. The form covers things like the roof (age and any leaks), septic or sewer info, structural issues, plumbing, electrical, heating, etc., along with general condition questions.

Environmental

RequiredRhode Island’s disclosure form specifically asks about **hazardous materials** on the property176]{176}177]{177}. Sellers have to state if they know of any hazardous substances such as radon, lead (Rhode Island has strict lead paint laws for pre-1978 homes, especially rentals), underground oil tanks, or contamination. In early 2023, RI updated its forms to include new disclosures for multi-unit properties178]{178}, but for single-family, the standard form suffices. Sellers also need to disclose if the drinking water is from a private well and any water quality issues. Mold issues, if known, should be disclosed under hazardous materials as well.

Natural Hazards

RequiredThe Rhode Island form touches on external factors as well. Sellers must disclose any known **local assessments or zoning** changes that affect the property, which could include things like if the property is in a coastal high hazard (flood) zone with special insurance requirements179]{179}. If the property required flood insurance or had flood damage, that should be stated. Rhode Island’s coast means many properties are near the ocean; sellers in designated coastal zones have to disclose that status (and buyers get a CRMC Coastal Hazard pamphlet). Also, if there are any known issues like seasonally high water table causing basement flooding, it should go on the form.

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

Moderate

Property Condition

RequiredSouth Carolina’s Residential Property Condition Disclosure Act (S.C. Code §27-50) mandates that sellers provide a **Residential Property Condition Disclosure Statement** to the buyer, *unless* the buyer and seller agree in writing **not** to do so. In other words, SC allows an “opt-out” if both parties agree, but absent that, the seller must fill out the disclosure. The standard SC form (from the SC Real Estate Commission) asks about the home’s water supply and sewage, the roof, foundation, structural components and any modifications, the major mechanical systems (electrical, plumbing, HVAC), etc..

Environmental

RequiredSouth Carolina’s disclosure form includes a section for **environmental hazards**. Sellers must state whether they are aware of any environmental problems like the presence of lead paint, asbestos, radon, mold, or contaminated soil on the property185]{185}. The form also asks about pest infestations – specifically any problems (past or present) with termites or other wood-destroying insects186]{186}. If a seller has had the home treated for termites or other pests, that would be disclosed. SC does not require disclosing off-site environmental issues (like a nearby landfill) on the form, but an agent would likely mention it if material.

Natural Hazards

RequiredIn the South Carolina form, while there isn’t a distinct “natural hazard” section, sellers must disclose issues like drainage problems or if the property is in a flood zone (this falls under “land” and structural components disclosure). Also, any “zoning laws, building codes, or restrictions affecting the property” must be noted187 – which could include if the property is in a designated coastal tidelands area or beach erosion zone requiring certain notices. Essentially, SC expects sellers to share any material fact, which would include known natural threats (flood, erosion, etc.) as part of the general disclosure.

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

Limited

Property Condition

RequiredSouth Dakota law (SDCL 43-4-38) requires sellers to provide a completed **Seller’s Property Condition Disclosure Statement** for residential property. Uniquely, South Dakota mandates that this disclosure form be given to the buyer **before the buyer signs an offer** (i.e., prior to making the purchase agreement). The SD form is extensive (around 4 pages with roughly 100 check-box questions) and covers all expected areas: structural condition, roof, basement, electrical, heating, plumbing, etc. It also asks about any homeowner association info and general condition of appliances and other included items.

Environmental

RequiredSouth Dakota’s form requires disclosure of **hazardous conditions or environmental issues**. There are questions about the presence of lead-based paint (federal law, but also on the state form), radon, asbestos, fuel storage tanks, or contaminated soil/water. Sellers must also disclose any knowledge of mold or indoor air quality issues. Given SD’s form is very thorough, at the end it even asks if the seller is aware of any other material facts or problems *not* covered by the prior questions191{191} – a final chance to include an environmental concern that might not have been explicitly listed.

Natural Hazards

RequiredSouth Dakota expects sellers to reveal any natural hazard impacts. The form directly inquires about things like: has the property ever had flooding or drainage issues? Is it located in a flood plain? Are there any seasonal problems (like spring water runoff) that affect the property? The seller should also disclose if the property has ever had hail or storm damage that needed repair. Essentially, any relevant natural event history should be shared. Because the disclosure must be given before offer, buyers in SD can factor those answers into whether to even make an offer.

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

Moderate

Property Condition

RequiredTennessee law (Tenn. Code Ann. §66-5-201 et seq.) requires sellers to give a **Residential Property Condition Disclosure** to buyers, unless the buyer waives their right to it. The Tennessee disclosure form covers known defects in the property’s structure and systems, any **remodeling or repairs done without permits**, which items remain with the property, any history of fire or other damages, etc.. The form is quite detailed, but Tennessee is one of the few states where a buyer can sign a waiver accepting the property “as is” without the disclosure (commonly done in investor or distressed sales). If no waiver, the disclosure is mandatory.

Environmental

RequiredTennessee’s disclosure form asks about **environmental hazards** known to the seller:. This includes whether the seller is aware of any toxic substances, contaminated soil or water, radon gas, lead-based paint, or asbestos on the property. It also asks if the property is subject to any toxic waste issue (e.g., if it’s near a Superfund site or if prior use of the property involved hazardous materials). Mold issues, if known, should be disclosed as well. Tennessee doesn’t require a separate radon test or anything, but if you have test results, you should disclose them or the fact that testing hasn’t been done.

Natural Hazards

RequiredOn Tennessee’s form, sellers note problems like drainage, flooding, or whether the property is in a flood plain. They also must disclose any known **noise problems in the neighborhood** – which could include things like being near a loud highway or airport (not exactly a natural hazard, but an environmental condition). Tennessee doesn’t have a separate earthquake or sinkhole disclosure law, but if, for example, a sinkhole is known on the property (some parts of TN have karst terrain), that is a material defect to disclose. Fire damage history is explicitly asked, which covers wildfires or house fires.

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

Limited

Property Condition

RequiredTexas Property Code §5.008 requires sellers of single-family homes to provide a **Seller’s Disclosure Notice** to the buyer. Texas has a promulgated **Seller’s Disclosure** form (TREC OP-H) that covers the condition of the property and must be given to the buyer *before* the contract becomes effective. It asks about the age of the roof, condition of electrical, plumbing, HVAC, any past or present water damage, termite damage, structural issues, etc. The form is extensive, ensuring sellers list any known material issues. If a seller fails to give this notice, the buyer can terminate the contract any time prior to closing (and even sue for damages in some cases).

Environmental

RequiredTexas’ disclosure includes known environmental hazards. Sellers are asked if they are aware of substances like radon, asbestos, or urea-formaldehyde insulation on the property. The form also asks about **previous pest infestations** or termite treatments (termites are a big issue in TX). Notably, Texas updated its law recently to require more detail on flooding and water-related hazards, and the form reflects that by asking if the seller has ever filed an insurance claim for flood damage or if the property has ever flooded. Additionally, sellers must disclose if they have any knowledge of toxic waste or pollutants affecting the property. Lead paint disclosure is required per federal law for older homes and typically done via a separate addendum.

Natural Hazards

RequiredTexas law specifically requires disclosures about **previous flooding or water penetration** into the house, as well as whether the property is located in a 100-year floodplain or flood pool. The seller must also disclose if the property is or has been under any water such as reservoir inundation (this was added after lessons from Hurricane Harvey). If the property uses a septic system, a separate notice about the type of septic is often provided. Texas also has additional required notices depending on location: e.g., if the property is in a Municipal Utility District (MUD), the seller must provide the MUD disclosure about bonded indebtedness and taxes; if the property is in a coastal area seaward of the Intracoastal, there’s a Coastal Area Property disclosure; if in near a military base, possibly a disclosure about noise zones. These are separate forms that come into play for those specific situations.

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

Comprehensive

Property Condition

RecommendedUtah law does not mandate a comprehensive seller disclosure form for general property condition, except in specific instances. In practice, sellers usually fill out a disclosure form (provided by Utah Association of REALTORS) because buyers expect it, but legally Utah leans towards caveat emptor with minimal statutory requirements. One notable requirement: if a property was used for **methamphetamine production**, Utah Code §57-27-201 requires sellers to disclose that fact (and whether decontamination was performed).

Environmental

RequiredAside from the meth lab disclosure (which is an environmental hazard issue), Utah doesn’t list other specific environmental disclosures by statute. However, sellers still must follow federal law on lead-based paint disclosure. And generally, if a seller knows of a dangerous environmental condition (like a buried oil tank leaking or radon levels above EPA standards), failure to mention it could expose them to fraud liability. Utah’s custom is that sellers disclose known material defects (often via the standard form), so environmental issues are typically covered there even if not explicitly required by state law.

Natural Hazards

RecommendedUtah doesn’t require disclosure of natural hazards like flood or earthquake zones by law. Buyers need to investigate these themselves (for example, by checking FEMA flood maps or seismic hazard maps). That said, if a property has a known history of flooding or sits on a geologic fault line which has caused damage, it would be a material fact a seller shouldn’t conceal if asked. Utah’s general stance is “only meth labs absolutely required” – all else falls under general duty of honesty when asked.

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

Comprehensive

Property Condition

RecommendedVermont has no statute requiring home sellers to fill out a property condition disclosure form. If a seller is working with a real estate agent, however, Vermont regulations impose duties on that agent to disclose known material facts to buyers. But a For Sale By Owner has no specific disclosure form requirement. Essentially, Vermont is a buyer-beware state in terms of formal law, although general anti-fraud principles still apply (a seller can’t legally mislead or hide a defect if directly asked).

Environmental

RecommendedNo state-mandated environmental disclosures exist in Vermont. Nevertheless, sellers should be aware that Vermont has various environmental regulations (like underground oil storage tank rules, lead paint in rentals, etc.) that could indirectly come into play. If a seller knows, for example, that their underground heating oil tank is leaking, they cannot just stay silent about that if asked, as it’s a material defect. Vermont’s Department of Health also has a radon program and many sellers test for radon and will disclose the results voluntarily. In agent-assisted sales, an agent who knows of an environmental hazard (say they are aware of high radon or a failed septic) must disclose it to the buyer.

Natural Hazards

RecommendedVermont does not require disclosing natural hazards (flood zones, etc.) by law. However, given much of Vermont is rural and subject to things like flooding (remember Hurricane Irene’s impacts), a prudent seller will inform a buyer of any such recurring issues. Real estate agents in Vermont must disclose material facts about a property’s condition or location *if they know of them*. So if a property lies in a floodplain and the agent knows the basement floods every spring, the agent can’t keep that hidden. Absent an agent, though, no specific form is required — it’s up to the buyer to ask and inspect.

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

Comprehensive

Property Condition

RequiredVirginia requires sellers to give buyers a signed **Residential Property Disclosure Statement**, but Virginia’s approach is essentially a statutory “Buyer Beware” notice. The standard Virginia disclosure form (per Va. Code §55.1-700 et seq.) basically tells the buyer that the owner makes **no representations or warranties as to the condition of the property**, except for a few specific matters. In other words, the seller isn’t listing every defect; the form advises the buyer to conduct their own inspections. The seller does, however, have to disclose a few specialized things (like if the property has a known **defective drywall (Chinese drywall)** issue, or if it was a former meth lab, etc.).

Environmental

RequiredBy default, the Virginia disclosure form disclaims environmental conditions – it says the seller makes no representation as to any **hazardous materials** on site (and the buyer is advised to check themselves). However, there are certain **mandatory disclosures** Virginia sellers must make outside of the general form. These include if the property has **knowledge of defective Chinese drywall** (which emitted harmful gases), or if the property was previously used for methamphetamine manufacture and hasn’t been cleaned up. Those must be stated. Also, if the property is in one of Virginia’s localities that require a septic system acknowledgment or has a septic waiver, that must be disclosed via a separate form. Federal lead paint disclosure still applies for older homes as well.

Natural Hazards

RequiredVirginia’s required disclosures include a notice about whether the property is in any **military air installation noise or accident potential zone** (if so, the seller must disclose that and the zone level). Sellers also must disclose if the property is in any **special flood hazard area** if they actually know (though the default stance is “no representation” — Virginia provides flood risk info to buyers via a required flood risk statement in the contract rather than as a seller disclosure). Another required point: if the property has a current building code or zoning violation notice, the seller must disclose that. Otherwise, general conditions are “no representation,” meaning buyers should beware. Virginia does provide a brochure to buyers outlining their due diligence responsibilities.

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

Limited

Property Condition

RequiredWashington’s RCW 64.06 requires sellers of residential real property (one to four units) to provide a **Seller Disclosure Statement** (often called Form 17). This is mandatory for most sales (unless exempt, like a foreclosure or gift). The form has several sections: Title, Water (water source), Sewer/On-site sewage, Structural, Systems and Fixtures, Homeowners Association, and Environmental. Sellers must answer each question “Yes”, “No”, or “Don’t Know”. It’s a comprehensive checklist covering virtually all aspects of the property. If the property type is vacant land, or a condo, there are slightly different versions of the form.

Environmental

RequiredWashington’s disclosure law includes an entire **Environmental** section. Sellers must disclose knowledge of any environmental hazards such as soil contamination, underground storage tanks, asbestos, radon, methane gas, mold, or other toxic materials. Interestingly, Washington also asks if the property is within a designated agricultural area (because if so, there may be odors or other farming impacts – there’s a specific question on the form about being near a farm or designated forest land). Additionally, the form asks if the seller knows of any existing **manufactured methamphetamines** on the property (similar to other states’ meth lab disclosure). Lead-based paint disclosures are required federally and typically folded into this section if applicable.

Natural Hazards

RequiredWashington’s form in the environmental section asks about natural hazards too: for example, whether the property is in a flood plain or designated flood hazard area, whether it’s in a geologically hazardous area (like landslide zone), or near a shoreline under the Shoreline Management Act. Sellers should indicate if any part of the property is in a slide area or if there are drainage problems. Another unique Washington requirement: if the property is within one mile of a farm (in an agricultural district), the seller must disclose that fact (because normal farming operations are protected and can create noise or odor). So Washington wants buyers to be aware of such “nuisance” hazards as well.

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

Comprehensive

Property Condition

RecommendedWest Virginia does not have a law compelling sellers to provide a written disclosure form. WV is effectively a caveat emptor state – there’s no statutory seller disclosure statement requirement. That said, sellers (and their agents) can still be liable for fraud if they actively conceal or lie about a condition. But unlike many states, West Virginia sellers can (and often do) sell property “as is” with the buyer agreeing that they have no disclosure beyond what’s in the contract.

Environmental

RecommendedApart from the **federally mandated lead-based paint disclosure** (for pre-1978 homes), West Virginia doesn’t specifically require environmental disclosures. However, note that West Virginia, being a caveat emptor state, doesn’t give sellers a free pass to commit fraud. So, if a seller knows, for instance, that the well water is contaminated or there’s a hidden underground mine shaft, and if the buyer asks about it or it poses a serious safety risk, the seller’s silence could be deemed fraudulent. Also, real estate agents in WV must be truthful; they cannot mislead buyers and must disclose material facts they know about. So if an agent knows of an environmental hazard, they have to speak up.

Natural Hazards

RecommendedNo West Virginia statute forces disclosure of natural hazards like flood zones or subsidence areas. Buyers should investigate these issues on their own (e.g., via home inspections or checking FEMA flood maps). Historically, WV has had issues with mine subsidence; there’s no specific statewide requirement to disclose that, but if a particular property had known subsidence damage in the past, that’s a material fact a seller shouldn’t misrepresent if asked. In general, WV’s approach is that the buyer beware – thus, from a legal perspective, the seller need not volunteer hazard information, though ethically it may be encouraged.

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

Limited

Property Condition

RequiredWisconsin law (Wis. Stat. 709) requires sellers of residential real estate (1–4 dwelling units) to furnish a **Real Estate Condition Report** to buyers. Wisconsin’s form is fairly extensive and asks the seller to state whether they are aware of any defects in a wide range of areas: the foundation, roof, plumbing, electrical, heating/cooling, water intrusion, etc.. The report also addresses other aspects like property boundaries, encroachments, and legal issues (like if the property is subject to building code or zoning violations). Sellers must deliver this report to the buyer within 10 days of accepting a contract offer.

Environmental

RequiredWisconsin’s condition report specifically inquires about environmental matters. Sellers must disclose if they are aware of any environmental contamination of soil or water on or affecting the property, any hazardous materials (like asbestos or chemical spills), and if the property has ever had a defect like unsafe levels of radon gas or lead in water/paint. The form asks about issues such as contaminated well water, the presence of lead-based paint or lead in plumbing (especially relevant for older homes), and any termite or pest infestations. If a property has a buried fuel tank or an old dump site, those would fall under environmental defects to report.

Natural Hazards

RequiredWisconsin sellers need to disclose conditions related to natural forces. For instance, the form will ask if the property is located in a floodplain or if it has ever flooded. Also, given parts of Wisconsin have karst and mining areas, the form asks about any existing or abandoned mines, mineral rights issues, or any soil problems (like settling, earth movement) on the property. If the property had any damage from natural disasters (like a tornado or severe storm) that hasn’t been fully repaired, that should be listed as a defect. Essentially, any environmental or natural hazard-related issue that has affected or could affect the property is expected to be disclosed.

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

Comprehensive

Property Condition

RecommendedWyoming is another state with no statutory requirement for seller disclosures on residential property. It operates under **caveat emptor** for the most part. Sellers are not obligated by state law to fill out a disclosure form. Buyers are expected to do inspections and due diligence to discover property issues. As long as the seller doesn’t actively hide or lie about defects when asked, a sale can proceed without any written disclosure statement.

Environmental

RecommendedWyoming doesn’t mandate environmental hazard disclosures beyond federal law (lead-based paint for older homes). So, there’s no state rule forcing a seller to announce radon levels or underground tanks, etc. That said, if a seller were to knowingly cover up something like a contamination problem, that could become a fraud case. Generally, though, Wyoming sellers can stay silent unless asked. Real estate agents in Wyoming, however, are required to disclose **material facts** they know about (and to be honest), so an agent can’t collude to hide an environmental hazard. Also, note Wyoming has a lot of old mining and oil/gas activity; while not required to disclose, if a property is affected by an abandoned well or mine, prudent sellers usually mention it or buyers should ask.

Natural Hazards

RecommendedNo Wyoming law compels disclosure of natural hazards (flood, earthquake, etc.). As a high plains/mountain state, some areas have flooding or expansive soils; it’s up to buyers to investigate those. If a property is in a known landslide zone or floodplain, that might show up in public records or during title search. Sellers aren’t forced to volunteer it by law. However, just like with environmental issues, an agent can’t lie – so if asked “Has this basement flooded before?” a seller should answer truthfully. Wyoming’s “no requirement” stance means many sales, especially rural ones, are truly buyer beware. There is a custom that sellers often still complete a disclosure form (like a generic one) because many buyers or lenders request it.

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 Icon

Quick Reference Chart

StateProperty DisclosureEnvironmentalNatural Hazards
AlabamaRecommendedLead (federal)None
AlaskaRequiredLead + RadonMaterial facts
ArizonaRecommendedLead + ADEQLatent defects
ArkansasRecommendedLead (federal)None
CaliforniaRequiredLead + NHDFlood/Quake/Fire
ColoradoRequiredLead + Meth/RadonMining/Flood
ConnecticutRequiredLead + WaterFlood (buyer)
DelawareRequiredLead + RadonFlood
District of ColumbiaRequiredLead + HazMatFlood
FloridaRecommendedLead + RadonFlood + Sinkhole
GeorgiaRecommendedLead (federal)None
HawaiiRequiredLead + LavaTsunami/Lava
IdahoRequiredLead (fed)Psych. impact
IllinoisRequiredLead + RadonFlood history
IndianaRequiredLead + MethAirport zone
IowaRequiredLead + RadonFlood history
KansasRequiredLead + RadonFlood/Assessments
KentuckyRequiredLead + RadonFlood
LouisianaRequiredLead + MethFlood/Coastal
MaineRequiredLead + RadonMaterial defects
MarylandDisclosure/DisclaimerLead + FloodFlood
MassachusettsRecommendedLead onlyNone
MichiganRequiredLead + WaterFlood
MinnesotaRequiredLead + RadonFlood
MississippiRequiredLead + RadonFlood
MissouriRecommendedLead + MethNone
MontanaRecommendedLead + MoldNone
NebraskaRequiredLead + HazMatFlood
NevadaRequiredLead + HazMatFlood
New HampshireRequired*Water/SewerBuyer due diligence
New JerseyRecommendedLead + TankFlood
New MexicoRequiredLead + TaxFlood
New YorkRequiredLead + Flood QsFlood
North CarolinaRequiredLead + RadonFlood
North DakotaRecommendedLead (federal)None
OhioRequiredLead + HazMatFlood
OklahomaRequired/DisclaimerLead + HazMatFlood
OregonRequiredLead + HazMatFlood/Landslide
PennsylvaniaRequiredLead + RadonFlood/Mine
Rhode IslandRequiredLead + RadonCoastal/Flood
South CarolinaRequired/Opt‑outLead + TermiteFlood/Coastal
South DakotaRequiredLead + RadonFlood
TennesseeRequired/WaiverLead + HazMatFlood/Noise
TexasRequiredLead + CoastalFlood/Coastal
UtahRecommendedLead + MethNone
VermontRecommendedLead (rentals)None
VirginiaBuyer BewareChinese drywallFlood/Noise zones
WashingtonRequiredLead + Env. sectionFlood/Slide
West VirginiaRecommendedLead (federal)None
WisconsinRequiredLead + RadonFlood/Mine
WyomingRecommendedLead (federal)None
Best Practices Icon

Best Practices for Transaction Coordinators

Essential strategies to ensure disclosure compliance and streamline your transaction coordination process.

Create State-Specific Checklists

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

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

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

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
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