Am I required to disclose a death that occurred in my home?

It depends on your state. California requires sellers to disclose deaths that occurred on the property within the past three years. Some states require disclosure of stigmatizing events (murders, suicides) regardless of timing. Other states expressly do not require disclosure of deaths unrelated to the physical condition of the property. A few states fall in the middle — requiring disclosure if a buyer specifically asks. Check your state's requirements or ask a real estate attorney in your area before assuming disclosure is or is not required.

Does selling my house as-is mean I don't have to fill out a disclosure form?

No. As-is means you won't make repairs — it does not eliminate your obligation to disclose what you know about the property. In most states, as-is sellers are still required to complete the standard seller disclosure form honestly. Marking "no known issues" while knowing about a material defect exposes you to fraud liability regardless of the as-is language in the contract. The as-is designation protects you from buyer demands to fix unknown issues discovered during inspection; it does not shield you from liability for knowingly concealing problems.

What happens if I didn't know about a defect and didn't disclose it?

You are generally only liable for defects you actually knew about. If a buyer discovers a hidden defect after closing that you genuinely did not know about, you typically are not liable — the risk of unknown conditions is inherent in any real estate purchase. However, courts and juries evaluate credibility: a seller who claims ignorance of an obvious, visible, long-standing problem faces skepticism. Document your repairs, keep contractor records, and disclose anything you're uncertain about to avoid disputes.

Can a cash buyer waive their right to a seller's disclosure?

In some states and transactions, buyers — particularly sophisticated investors purchasing for cash — can contractually waive certain disclosure rights. However, the baseline federal lead-based paint disclosure for pre-1978 homes cannot be waived. Even when buyers waive inspection contingencies or as-is rights, sellers may still be liable for affirmative fraud if they actively misrepresent material facts. Consult a real estate attorney about what can and cannot be waived in your state before relying on a buyer's waiver as protection against disclosure obligations.

Seller's Disclosure Requirements: What You're Legally Required to Tell Buyers

Q: What is a seller's disclosure statement?

A seller's disclosure statement is a form completed by a home seller that identifies known defects, material conditions, and relevant facts about the property. It typically covers structural and mechanical systems, environmental hazards, legal encumbrances, and neighborhood factors. Requirements vary by state — some states have extensive mandatory forms (California, Texas, Florida) while others have minimal requirements. The purpose is to give buyers the information they need to make an informed purchase decision and to protect sellers from post-closing claims that they concealed known problems.

When you sell your home, there are things you know that a buyer doesn't. The basement that floods when it rains. The foundation crack you had patched three years ago. The HVAC unit that's on its last legs. What are you legally required to disclose — and what happens if you don't? The answers depend on your state, but the underlying principle is consistent across the country: sellers must inform buyers of known material defects and facts that a reasonable buyer would want to know before purchasing.

Understanding disclosure obligations protects you from post-closing lawsuits and gives buyers the information they need to make informed decisions. This guide covers the federal requirements, common state categories, what "as-is" does and doesn't mean for disclosure, and how a cash sale can simplify the process.

What Is a Seller's Disclosure Statement?

A seller's disclosure statement — also called a seller property disclosure, seller's disclosure notice, or transfer disclosure statement depending on the state — is a document completed by the seller identifying known defects, conditions, and material facts about the property. Buyers review this document before or shortly after making an offer and use it to evaluate whether to proceed and at what price.

Disclosure requirements vary significantly by state. California has one of the most comprehensive forms in the country — the Transfer Disclosure Statement (TDS), mandated by California Civil Code § 1102 — covering everything from neighborhood noise to deaths on the property within the past three years. Texas sellers must complete a detailed Seller's Disclosure Notice covering structural components, mechanical systems, environmental hazards, and legal matters. Florida requires disclosure of "known facts materially affecting the value of the property which are not readily observable and not known to the buyer." A few states, including Alabama and Wyoming, have minimal formal disclosure requirements for as-is sales.

What Categories of Defects Must You Disclose?

While the specifics vary by state, most disclosure forms cover the following categories of known defects and material facts:

Structural and mechanical systems:

Foundation issues, settling, cracking, or prior repairs
Roof condition, age, history of leaks, or prior replacement
Plumbing problems — leaks, low water pressure, pipe material (polybutylene, cast iron, galvanized)
HVAC age, condition, and maintenance history
Electrical system concerns — knob-and-tube wiring, aluminum wiring, overloaded panels
Evidence of water intrusion or flooding in basement, crawl space, or living areas

Environmental hazards:

Lead-based paint (federally required for homes built before 1978)
Asbestos-containing materials
Elevated radon gas levels
Mold presence or prior mold remediation
Underground fuel storage tanks
Proximity to environmental contamination sites (in some states)

Legal and financial encumbrances:

Easements that restrict use of the property
Pending litigation involving the property
HOA violations, special assessments, or pending assessments
Zoning violations or open code enforcement actions
Liens or judgments against the property

What Is the Federal Lead-Based Paint Disclosure Law?

The Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) is the only federally mandated seller disclosure requirement. It applies to all homes built before 1978 and requires sellers to:

Provide buyers with an EPA-approved lead hazard information pamphlet ("Protect Your Family from Lead in Your Home")
Disclose any known presence of lead-based paint or lead hazards in the home
Allow buyers up to 10 days to conduct a lead inspection or risk assessment
Sign a disclosure form confirming these steps were completed

Violating the federal lead disclosure law exposes sellers to liability for up to three times the buyer's actual damages, plus attorney's fees. All other disclosure requirements are governed by state law — there is no other federal mandate covering structural defects, mold, or other common concerns.

What Happens If You Fail to Disclose a Known Defect?

Failing to disclose a known material defect is one of the most common sources of post-closing real estate litigation. Depending on the state and the nature of the defect, a buyer who discovers an undisclosed issue after closing may have grounds to:

Sue for compensatory damages equal to the cost to repair the defect
Seek rescission of the contract — effectively unwinding the entire sale
File a claim alleging fraud or intentional misrepresentation
File a complaint with the state real estate commission if a licensed agent was involved

The key word is "known" — you cannot be held liable for defects you genuinely did not know about. However, courts look skeptically at sellers who claim ignorance of obvious, long-standing problems. Best practice is to document everything you know, note what you've repaired and when, and disclose conservatively. When in doubt, disclose.

Does Selling As-Is Eliminate Disclosure Requirements?

No — this is one of the most persistent misconceptions in real estate. Selling "as-is" means the seller is not willing to make repairs or provide credits after inspection. It does not mean the seller has no obligation to disclose what they know about the property. In most states, even an as-is listing requires the seller to complete the standard disclosure form honestly.

As-is language shifts the risk of unknown conditions to the buyer — but it does not insulate the seller from liability for known defects that were deliberately concealed. A seller who marks "no known defects" on a disclosure form while knowing the roof has active leaks may face fraud liability regardless of the as-is designation in the purchase contract.

How Does a Cash Sale Simplify the Disclosure Process?

Cash buyers who purchase homes as-is — like Chitty Buys Houses — typically conduct their own due diligence and do not require sellers to repair disclosed defects before closing. This simplifies the transaction: you complete your disclosure honestly, the buyer factors known issues into their offer price, and there are no post-offer repair demands or renegotiations.

Compare this to a traditional listing: you disclose a roof issue, the buyer's inspector confirms it, the buyer demands a $15,000 repair credit, and you're back at the negotiating table. With a cash buyer, the known condition is priced into the offer from the start. One conversation, one offer, no surprises. Learn more about how our process works or read our guide on selling a house as-is.

What Should You Do Before Completing a Seller's Disclosure?

Before filling out the disclosure form, walk through your home systematically and consider each category of potential issues. Pull out any repair records, inspection reports from when you purchased the home, permits, or contractor invoices. These documents don't just help you complete the disclosure accurately — they demonstrate good faith and reduce the risk that a buyer can later claim you should have known about a defect.

If you've had issues repaired, disclose both the original problem and the repair. Buyers generally respond better to "we had a roof leak in 2023 and had it repaired and warranted" than discovering the leak history themselves through staining or inspection.