Required Seller Disclosures When Selling a Home

Most states require home sellers to disclose known material defects to buyers before closing. Disclosure requirements vary by state, so this is general information, not legal advice for your specific situation — when in doubt, consult a real estate attorney or your state's official disclosure form.

What “Material Defect” Generally Means

A material defect is typically something that affects the property's value, safety, or desirability that a buyer wouldn't discover on a normal walkthrough — think a leaking roof, foundation issues, past water damage, a failing septic system, or known pest infestations.

Common Categories Sellers Are Asked About

Most state disclosure forms ask about the condition of the roof, foundation, basement, plumbing, electrical, heating and cooling systems, known water intrusion or flooding, mold, pest or termite history, lead paint (for homes built before 1978), septic and well systems, and any past insurance claims or repairs related to these items.

Disclose What You Know

You're generally only required to disclose what you actually know or reasonably should know — not to hire an inspector to go looking for problems. That said, honesty here protects you: failing to disclose a known issue can expose you to legal claims from the buyer after closing, even well after the sale is final.

“As-Is” Sales Don't Eliminate Disclosure Duties

Selling a home “as-is” means you won't make repairs before closing — it does not usually exempt you from disclosing known material defects. Buyers still have a right to know what they're buying.

Where to Get Your State's Exact Form

Check your state's real estate commission or department of commerce website for the official seller disclosure form and requirements, or ask a local real estate attorney to review your specific situation.