When you set out to sell a house, most states require you to make certain disclosures. Disclosures refer to any material defects in the home, and in many states, you will be held liable if you don’t tell the buyer about them upfront.
To avoid getting into legal trouble, it’s imperative that you know what you should and need not disclose when you fill out your disclosure statement. We’ve done all of the legwork for you and pulled sample disclosure docs for every single state.
In this article, you’ll be able to read up on the disclosures in your state and take a look at a sample disclosure form to prepare yourself before filling out the real one.
What is a seller’s disclosure statement or seller’s disclosure form?
In a nutshell, the basis of most state disclosure documents is the same. You’ll be asked a series of questions about the condition of your property and whether anything is broken, damaged, or does not work. This includes things like the foundation of the house, skylights, plumbing, pool, HVAC, etc.
Some states require you to disclose problems with the land; others just with the structure of the home itself. Select states have additional disclosures that you need to note. For example, in Washington State, you must disclose if you live near a farm.
In some states, including California, your real estate agent is not legally allowed to help you fill out the form, so you’ll need to complete it on your own.
Chris Murray is a top-performing real estate agent in Hemet, California, who sells properties 59% quicker than the average local agent. He explains how filling out his state’s disclosure form, called the Transfer Disclosure Statement (TDS), works during a home sale: “We hand the form to the seller, they can fill it out, and then that is what we provide to the buyer to relay any of the seller’s known issues with the home.”
The key is, it’s known issues. They’re not going to dig into investigating anything. It’s a simple ‘Are you aware of …?’ and they say ‘yes’ or ‘no.’ If they’re not aware of it, that’s the end of it. They don’t have to investigate to get a clear answer.
Chris Murray
Real Estate AgentClose
Chris Murray
Real Estate Agent at RE/MAX Empire PropertiesCurrently accepting new clients
- Years of Experience
23- Transactions
3577- Average Price Point
$269k- Single Family Homes
3341
If you do need help filling out a disclosure document in a state where you cannot ask your agent for help, you will need to consult a real estate lawyer.
