Contracts, agents and the MLS

Seller disclosure

Also called seller’s disclosure, property disclosure statement, seller disclosure form, transfer disclosure statement

Definition

A form in which a home seller reports what they know about the property’s condition and history, such as leaks, repairs and defects. What must be disclosed depends on state law, plus a federal rule for lead paint in homes built before 1978.

Many states require one, often on a standard form the seller fills out early in the sale, before or along with the purchase agreement. For buyers, it’s a starting point for questions and for the home inspection.

What does a seller disclosure include?

It varies by state, but forms often ask about the roof, foundation, plumbing, electrical and heating and cooling systems; water damage, mold or pests; past repairs and permits; flooding and insurance claims; HOA dues and special assessments; boundary disputes and easements; and environmental issues.

Texas, for example, requires sellers of previously occupied single-family homes to give buyers a disclosure notice covering material facts and the property’s physical condition, and the Texas Real Estate Commission publishes the form.

What must sellers disclose?

State law decides. In general, sellers are expected to share known material defects, meaning problems that would affect a reasonable buyer’s decision or the home’s value. Some states use long, detailed forms; others require less. Some also require separate notices, such as for flood risk or natural hazards.

Sellers generally aren’t required to hire someone to find hidden problems, but they can’t hide what they know. A clean form reflects the seller’s knowledge, not a guarantee of the home’s condition.

What is the federal lead paint disclosure?

For most homes built before 1978, federal rules from the EPA and HUD add a lead-based paint disclosure. The seller must share any known information about lead paint, provide available records and reports, give the buyer the federal lead pamphlet and include a lead warning statement in the contract.

Buyers also get 10 days to arrange a lead inspection or risk assessment, unless both sides agree in writing to a different period or the buyer waives it. Agents must tell sellers about these duties, and the signed disclosures must be kept for three years after the sale.

What if a seller lies on the disclosure?

A buyer who later finds a defect the seller knew about and didn’t disclose may have legal claims, depending on state law and the contract. An as-is clause usually doesn’t protect a seller who hid a known problem.

This is general information, not legal advice. For your state’s rules, check with your state real estate commission or a real estate attorney.

How should buyers use the disclosure?

Read it before your inspection and share it with your inspector. Ask about anything marked “unknown,” and look for repairs done without permits. If you’re selling, a pre-listing inspection can help you fill out the form accurately.

Common mistakes

  • Treating the disclosure as a warranty. It reflects what the seller knows, not a promise about condition.
  • Skipping an inspection because the disclosure looks clean.
  • Thinking an as-is sale removes the duty to disclose.
  • Forgetting the separate federal lead paint form for most homes built before 1978.

Questions

Do sellers have to disclose past repairs?

Many state forms ask about past repairs, especially for water damage, foundations and roofs. Sellers should answer honestly and keep receipts and permits to share.

When does a buyer get the seller disclosure?

State law sets the timing. Some states require it before a contract is signed and others within a set time after; your agent or the form will say.

Can a buyer cancel after reading the disclosure?

Some states give buyers a short window to cancel if the disclosure arrives after the contract is signed. Otherwise, your contingencies decide whether you can walk away.

Sources

  1. Texas Real Estate Commission: Seller’s Disclosure Notice
  2. EPA: Real estate disclosures about lead-based paint
  3. 24 CFR § 35.92: Certification and acknowledgment of disclosure

Written and checked by the Broker & Agent team on October 2, 2026. General information, not legal, tax or lending advice. Something out of date? Tell us.

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