Selling Your Home? Understand Disclosure Obligations

Steven Stieglitz | Aug 13 2025 15:00

The Importance of Disclosure

Selling a home is a significant financial and emotional milestone, but it comes with serious legal responsibilities. Understanding your disclosure obligations is crucial to avoid legal trouble and ensure a smooth transaction.

What Must Be Disclosed?

Sellers are generally required to complete a written disclosure form listing material facts about the property. This includes any structural issues such as foundation damage, roof leaks, or wall cracks. Plumbing or electrical problems, history of flooding or water damage, and pest infestations, such as termites or rodents, must also be disclosed. Don't forget environmental hazards like asbestos, lead paint, or radon, and any legal matters, including liens, zoning problems, or ongoing lawsuits.

Selling “As Is” Doesn’t Exempt You

Even if you're selling the property "as is," this doesn't eliminate your duty to disclose known problems. It’s vital for sellers to be transparent about any issues, even when opting for this selling condition.

Choosing “No Representation” Isn't a Free Pass

In states where you can select a "no representation" option, you're still required to disclose known issues. The key here is understanding your obligations and fulfilling them to avoid any legal repercussions.

Legal Duty of Real Estate Brokers

Real estate brokers are legally obligated to disclose any material facts they know or should reasonably be expected to know, even if sellers omit them. This means that both you and your broker must be upfront about existing issues with the property.

Navigating Disclosure with Confidence

Disclosure doesn't have to be daunting. By understanding what's required and practicing transparency, you'll protect yourself legally and build trust with potential buyers. Begin by gathering relevant documentation, and consider consulting a real estate professional for guidance before listing your home.