What Home Sellers Must Disclose Before Listing

Knowing what must be disclosed when selling a home is essential in any real estate transaction. Whether you’re buying or selling, there are clear legal requirements about the information that must be shared. These disclosures exist to promote transparency and protect both parties.

1. Material defects. Sellers are legally required to disclose any known material defects. These may include foundation cracks, roof leaks, or pest infestations. If the seller is aware of a serious issue, they must report it. However, they are not responsible for problems they genuinely do not know about. In most cases, major issues like structural damage are difficult to miss.

2. Repairs and property conditions. Disclosure forms typically ask about any repairs made to the property. Sellers must report whether any insurance claims were filed and if insurance funds were used for repairs. This information helps buyers understand the home’s history and level of upkeep.

3. Property systems and features. Sellers are required to disclose the condition of major systems, such as electrical wiring, HVAC units, plumbing, and structural elements. They should provide details about the type of heating and cooling systems, how many units are present, and whether they are in good working order.

4. Environmental factors and hazards. If the home is located in an environmentally sensitive area or has been affected by environmental issues, that information must be shared. These factors may influence a buyer’s decision and could impact financing or insurance eligibility.

5. Homeowners association information. If the property is part of a homeowners association, the disclosure should state the dues, payment frequency, and what those fees cover. Utility information is often included as well to give buyers a clearer picture of typical living expenses.

6. Deaths on the property. In most cases, sellers are not required to disclose a death that occurred on the property if it was due to natural causes or suicide. However, if a homicide occurred, that must be disclosed to potential buyers.

Disclosures are a standard part of any real estate transaction. They help buyers make informed decisions and ensure that sellers meet their legal responsibilities. If you have any questions or need guidance, feel free to reach out. Call me at (254) 213-5335 or send an email to ryan@ryansmithhomes.com. I look forward to hearing from you.