Buyer and seller disclosure checklist

General guidance only. Disclosure requirements vary significantly by state. Some states require specific forms. Others rely on common law duties. This checklist covers the most widely required disclosures across U.S. jurisdictions - consult a real estate attorney to confirm your state's exact requirements. See our full disclaimer.

Disclosure checklist

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What is a seller required to disclose?

In virtually every U.S. state, sellers must disclose known material defects - conditions that would affect a reasonable buyer's decision to purchase or the price they'd pay.

"Material" means significant, not merely cosmetic. A cracked tile is not material. A cracked foundation is. Water intrusion that occurred once and was repaired is borderline - most courts say disclose it anyway because it's the kind of thing buyers want to know.

The key word is "known." You generally don't have to hire inspectors to discover and disclose problems you didn't know about. But you do have to disclose what you actually know - including problems you repaired, problems you were told about by a prior inspector, and problems you noticed but chose not to investigate. Use the real estate contract reviewer to confirm your purchase agreement properly incorporates disclosure deadlines and contingency language around disclosures.

What happens if a seller fails to disclose a known defect?

Post-closing failure-to-disclose claims are among the most common real estate lawsuits. Buyers typically discover defects within the first 12 to 24 months of ownership and trace them back to conditions the seller knew about.

Remedies for non-disclosure include rescission of the sale (unwinding the transaction entirely), damages equal to repair costs, and in cases of intentional concealment, punitive damages and attorney fees. In some states, real estate agents can also be liable if they knew of a defect and didn't disclose it.

For buyers, this means the inspection contingency is critical protection - but inspectors don't find everything. After closing, document any discovered defects immediately and consult a real estate attorney if you suspect the seller knew. Review your real estate closing checklist to confirm all disclosure documents were received and signed before closing.

Does "as-is" mean no disclosure requirements?

"As-is" means the buyer accepts the property in its current condition and can't require the seller to make repairs. It does not eliminate the seller's duty to disclose known material defects.

Even in an as-is sale, sellers must still complete required disclosure forms and disclose known problems. The as-is clause shifts who pays for repairs - it doesn't give sellers a license to conceal. Buyers in as-is transactions must be particularly thorough in their inspections because they have limited recourse for defects discovered after closing if the defect was discoverable during inspection. A title review is also still essential - use the title defect analyzer to check for title issues that are separate from physical property condition.

Frequently asked questions

It depends entirely on your state. About half of U.S. states require disclosure of a death on the property within a specified time period (commonly 3 years). The other half don't require disclosure of deaths at all. Some states only require disclosure of homicides or suicides, not natural deaths. California, for example, requires disclosure of any death occurring on the property within the past 3 years. Texas has no such requirement. Always check your state's specific statute - and when in doubt, disclose. Buyers who discover an undisclosed death after closing have sued successfully in states where disclosure was required.

In many states, yes - particularly if the dispute affects use or enjoyment of the property. Active boundary disputes, ongoing noise complaints about a neighbor, HOA enforcement actions, and known upcoming construction that will affect the property are all potentially disclosable. Some states require disclosure of any known "neighborhood conditions" that materially affect the property. When in doubt, disclose - the cost of litigation far exceeds the discomfort of a conversation about a difficult neighbor.

The statute of limitations for non-disclosure claims varies by state and legal theory. Contract-based claims typically run 4 to 6 years from closing. Fraud claims may run from discovery of the defect rather than the closing date - which can extend the window significantly. In most states, you have at least 2 to 3 years from when you discovered (or reasonably should have discovered) the undisclosed defect. Document the discovery date and gather evidence immediately - delay weakens your claim.

Federal law (42 U.S.C. § 4852d) requires sellers of residential properties built before 1978 to: disclose any known lead-based paint hazards, provide buyers with the EPA's "Protect Your Family from Lead in Your Home" pamphlet, and give buyers a 10-day period to conduct a lead paint inspection before being bound to purchase. This applies nationwide regardless of state law. Failure to comply can result in civil penalties up to $11,000 per violation and triple damages in private lawsuits. The lead paint disclosure form must be signed before the contract becomes binding.

Generally no for federally mandated disclosures (lead paint). For state-mandated disclosures, some states allow waiver by written agreement, others do not. Even in states that technically allow waiver, courts look closely at whether the waiver was knowing and voluntary. A buyer who waives disclosures in a competitive market and later discovers serious concealed defects may still have remedies if the seller knew of the problem and actively concealed it - waiver doesn't protect against fraud.