Seller Disclosure Laws by State (2026)
Whether each state requires home sellers to give buyers a property condition disclosure.
| State | Seller disclosure |
|---|---|
| Alaska | Yes. Before the buyer of residential real property makes a written offer, the seller must deliver a completed written disclosure statement on the state form. If the statement (or a material amendment) is delivered after the offer, the buyer may terminate the offer in writing within three days of in-person delivery or six days of mailing. A seller who discloses a defect on the statement is not liable for that disclosed defect. Alaska Stat. §§ 34.70.010, 34.70.020, 34.70.030 |
| California | Yes. Sellers of single-family residential property (including sales, exchanges, installment contracts and lease-options) must give the buyer the statutory Real Estate Transfer Disclosure Statement, using the form set out in the Civil Code. A waiver of these requirements is void. Cal. Civ. Code §§ 1102, 1102.6 |
| Connecticut | Yes. A person selling, exchanging or lease-optioning residential property of one to four units (including condominiums and cooperatives) must give the buyer a written residential condition report before the buyer signs a binder, contract or option. Some transfers are exempt, including transfers between co-owners, certain family transfers, new construction with an implied warranty, sales by executors, administrators, trustees or conservators, and sales of property acquired by foreclosure. Conn. Gen. Stat. § 20-327b |
| Delaware | Yes. Under the Buyer Property Protection Act, a seller of residential real property (1 to 4 dwelling units) must disclose in writing to the buyer and agents all known material defects. The disclosure must be made before the seller signs the listing agreement and updated for material changes before settlement. Sellers must also give buyers any radon test information they have and notify them of known radon hazards. Some transfers are excluded. 6 Del. C. §§ 2571, 2572, 2572A, 2577 |
| District of Columbia | Yes. A seller of real estate with 1 to 4 residential units (by sale, exchange, installment contract or lease-option) must give the buyer a signed real property disclosure statement on a form approved by the Mayor, before or when the buyer signs the purchase agreement. This applies only where the buyer states in writing an intent to live in the property, and some transfers (such as court-ordered transfers) are excluded. D.C. Code §§ 42-1301, 42-1302 |
| Florida | Florida's statutes require a seller of residential real property to complete and give the buyer a written Flood Disclosure, in the statutory form, at or before the time the sales contract is signed. The form covers whether the seller knows of flooding that damaged the property, has filed a flood insurance claim, or received flood-damage assistance (such as from FEMA). Fla. Stat. § 689.302 |
| Hawaii | Yes. A seller of residential real property must give the buyer a signed and dated disclosure statement no later than 10 calendar days after the buyer's purchase contract is accepted. The buyer then has 15 calendar days to review it and may rescind the contract in writing during that time without losing deposits. Some sales are exempt. Haw. Rev. Stat. §§ 508D-4, 508D-5 |
| Idaho | Yes. Anyone transferring residential real property with 1 to 4 dwelling units (including non-owner-occupied rentals), by sale, exchange, installment contract, lease-option or similar method, must complete the statutory Seller Property Disclosure Form, unless an exemption applies. Idaho Code §§ 55-2504, 55-2508 |
| Illinois | Yes. A seller of residential real property must complete every item in the statutory Residential Real Property Disclosure Report and deliver it to the prospective buyer before the contract is signed. The seller must disclose material defects the seller actually knows about, but is not required to investigate. 765 ILCS 77/20, 77/25, 77/35 |
| Indiana | Yes. The owner must complete and sign the seller's residential real estate disclosure form adopted by the Indiana Real Estate Commission and give it to the prospective buyer before an offer is accepted. The form covers the known condition of the foundation, mechanical systems, roof, structure and water and sewer systems, along with other required disclosures such as known drug-manufacturing contamination, nearby airports or military installations, and flood plain location. Before closing, an accepted offer is not enforceable against the buyer until both sign the form. Ind. Code §§ 32-21-5-7, 32-21-5-10 |
| Iowa | Yes. A person transferring real property (or the agent) must deliver a written disclosure statement to the prospective buyer before the seller makes or accepts a written offer. Required contents are set out in Iowa Code chapter 558A; some transfers are exempt. Iowa Code §§ 558A.2, 558A.4 |
| Kentucky | Yes, when a real estate licensee is paid in the sale of a single-family home. The seller completes and signs the Kentucky Real Estate Commission's "seller's disclosure of conditions form" (covering the basement, roof, water supply, sewage service and component systems, among other items) when signing the listing agreement, and the listing agent must deliver a copy to the buyer within 72 hours after receiving a written, signed offer. The form is not required for new homes sold with a warranty, auction sales, or court-supervised foreclosures. KRS 324.360 |
| Louisiana | Yes. A seller of residential real property (or vacant residential property) must complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission, in good faith and to the best of the seller's knowledge. It must also say whether the buyer must join a homeowners' association, whether the property is subject to restrictive covenants, whether a methamphetamine lab was ever there, and certain salt-cavern information. It must be delivered no later than when the buyer makes an offer; if it is delivered after the offer, the buyer may cancel within 72 hours (excluding weekends and holidays) after receiving it, without penalty. The document is not a warranty. La. R.S. 9:3198 |
| Maine | Yes. Unless exempt, a seller of residential real property must give the buyer a property disclosure statement covering the water supply, heating system, waste disposal system, hazardous materials (asbestos, lead paint, radon, underground oil tanks, methamphetamine), known defects, access to the property and flood risks, among other items, plus state information on arsenic. It must be delivered no later than when the buyer makes an offer; if it is delivered later, the buyer may withdraw or cancel within 72 hours of receiving it, without penalty. 33 M.R.S. §§ 173, 173-A, 174 |
| Maryland | Yes, for most sales of single-family homes (up to four units). The seller must give the buyer either a Residential Property Condition Disclosure Statement or a Residential Property Disclaimer Statement on the single State Real Estate Commission form, on or before signing the contract. Even with the disclaimer ("as is"), the seller must disclose latent defects the seller actually knows of that threaten health or safety. A buyer who does not receive the form before signing may rescind within 5 days after receiving it (subject to limits tied to a mortgage application). Exemptions include new homes never occupied, foreclosure and sheriff's sales, and sales by a lender that acquired the home by foreclosure. Md. Code, Real Prop. § 10-702 |
| Massachusetts | Before a purchase and sale agreement is signed, sellers of residential premises must give buyers the state's standard lead-paint notification form and materials; sellers and their agents must disclose any known information about dangerous levels of lead, and buyers who choose an inspection must be given at least 10 days (or longer if agreed) to have it done. Mass. Gen. Laws ch. 111, § 197A |
| Michigan | Yes. Under the Seller Disclosure Act, sellers of property with 1 to 4 residential units (including by land contract, lease with option to buy, or transfer of a cooperative interest) must give the buyer a written "Seller's Disclosure Statement" on the statutory form before signing a binding purchase agreement. If the statement is delivered after the purchase agreement is signed, the buyer may terminate by written notice within 72 hours after in-person delivery or 120 hours after delivery by registered mail, until the deed or land contract transfer. MCL 565.952, 565.954, 565.957 |
| Minnesota | Yes. Before signing an agreement to sell residential real property, the seller must give the prospective buyer a written disclosure of all material facts the seller knows of that could adversely and significantly affect an ordinary buyer's use and enjoyment of the property or any intended use the seller knows about. The statute does not prescribe a state form. Sellers need not disclose certain facts, such as that the home was the site of a death or that an occupant had HIV/AIDS, and may rely on a qualified third party's written inspection report given to the buyer. Minn. Stat. §§ 513.55, 513.56 |
| Mississippi | Yes, when a home of 1 to 4 dwelling units is sold (or transferred by land contract, lease-option and similar arrangements) by or with the help of a licensed real estate broker or salesperson. The seller must give the buyer a written property condition disclosure statement on a form determined by the Mississippi Real Estate Commission, as soon as practicable before transfer of title (or before the contract is made). If the disclosure is delivered after an offer is made, the buyer may terminate the offer by written notice within three days after in-person delivery or five days after mailing. Foreclosure sales, transfers to the lender in lieu of foreclosure, estate and court-ordered transfers, transfers between co-owners or to a spouse or close relative, and certain other transfers are excluded. Miss. Code Ann. §§ 89-1-501, 89-1-503, 89-1-509 |
| Missouri | Missouri law requires a seller to disclose in writing if the seller knows the property was used to make methamphetamine, and if the seller knew or should have known it was the home of, or storage site or lab for, a person convicted of certain methamphetamine-related crimes. Mo. Rev. Stat. § 442.606 |
| Nebraska | Yes. A seller of residential property with one to four units must give the buyer a signed written disclosure statement of the property's condition (appliances, electrical, heating and cooling, water and sewer systems, defects, environmental hazards, title conditions, utilities, private transfer fees, and carbon monoxide alarm compliance). It must be delivered on or before the date the buyer becomes bound to purchase, and the buyer must acknowledge receipt in writing. Exemptions include foreclosure and trustee's sales, court-ordered sales, transfers between co-owners or to relatives, and never-occupied new construction. Neb. Rev. Stat. § 76-2,120 |
| Nevada | Yes. At least 10 days before residential property is conveyed, the seller must complete a disclosure form about the property's condition and serve it on the buyer or buyer's agent; the seller's agent may not fill it out for the seller. The form's format and contents are set by regulation of the Real Estate Division of the Department of Business and Industry and cover electrical, heating, cooling, plumbing and sewer systems and other conditions affecting the property's use or value. If the seller discovers a new or worse defect before closing, the seller must tell the buyer in writing; if the seller will not repair it, the buyer may cancel or close accepting the defect. Buyers cannot waive these requirements. Foreclosure sales, sales between co-owners, spouses or close relatives, and first sales of new homes built by licensed contractors are exempt. Nev. Rev. Stat. §§ 113.120, 113.130 |
| New Hampshire | New Hampshire requires specific written disclosures rather than one general form. Before or while an offer is prepared for a one-to-four family home, the seller must disclose in writing information about any private water supply, private sewage disposal system, insulation, whether the property is in a federally designated flood hazard zone, and any residential heating-oil underground storage tank; the buyer signs to acknowledge receipt. Before a purchase contract is signed for property with a building, the seller must also disclose water supply and sewage system information, and the seller or agent must give the buyer the statutory notification about radon, arsenic, lead, PFAS and flood risk. N.H. Rev. Stat. Ann. §§ 477:4-a, 477:4-c, 477:4-d |
| New Jersey | Yes. Sellers of real property in New Jersey must disclose on the property condition disclosure statement, before the buyer is bound by the contract, whether the property is in a FEMA Special or Moderate Risk Flood Hazard Area and any actual knowledge of flood risks. The Division of Consumer Affairs publishes the form, the Seller's Property Condition Disclosure Statement, which includes a Flood Risk section. N.J.S.A. 56:8-19.2 (P.L.2023, c.93); N.J.S.A. 56:8-19.1 |
| New Mexico | Before accepting an offer on a residential property, the seller or seller's broker must request from the county assessor an estimate of the next year's property tax levy (using the listed price) and give a copy to the buyer, who acknowledges receipt in writing. By statute, a seller has no duty to disclose that the property was the site of a natural death, a felony crime such as homicide or suicide, or was occupied by someone with HIV/AIDS. NMSA 1978, §§ 47-13-2, 47-13-4 |
| New York | Yes. A seller of residential real property under a purchase contract must complete and sign a "Property Condition Disclosure Statement" and deliver it to the buyer or buyer's agent before the buyer signs a binding contract. If the seller later learns the statement has become materially inaccurate, a revised statement must be given as soon as practicable, until closing or occupancy. The form's definition excludes condominium units, cooperative apartments and certain other property, and some sales are exempt under Real Property Law § 463. N.Y. Real Prop. Law § 462 |
| North Carolina | Yes. In the residential transfers covered by the law, the owner must give the buyer the standard residential property disclosure statement required by the North Carolina Real Estate Commission and an Owners' Association and Mandatory Covenants Disclosure Statement, no later than when the buyer makes an offer. For each item the owner may disclose what they actually know or state that they make no representations. If the statements are not delivered by the time of the offer, the buyer may cancel the contract, generally within three calendar days after receiving the statement or after the contract was made (or before closing or occupancy, if sooner), and get the deposit back. Exempt transfers include foreclosure sales, court-ordered and estate transfers, transfers between co-owners or close family, and, for the property statement, a first sale of a never-occupied home or when both parties agree not to complete the statements. N.C. Gen. Stat. §§ 47E-4, 47E-5, 47E-2 |
| Ohio | Yes. A person transferring residential real property with one to four dwelling units (by sale, land installment contract, lease with option to buy, exchange or certain long leases) must complete the property disclosure form prescribed by the Director of Commerce and deliver a signed, dated copy to the buyer as soon as practicable. Transfers by court order, foreclosure sale, deed in lieu of foreclosure and certain others are exempt. If the buyer receives the form only after signing the purchase agreement, the buyer may rescind within a limited time. Ohio Rev. Code § 5302.30 |
| Oklahoma | Yes. A seller must give the buyer either (1) a written property condition disclosure statement on the Oklahoma Real Estate Commission's form, covering items included in the sale and the seller's actual knowledge of defects in areas such as water and sewer systems, flooding, structure and roof, plumbing, electrical and HVAC, wood-destroying organisms, fire or tornado damage, hazardous materials and prior methamphetamine manufacturing; or (2) a written property disclaimer statement on the Commission's form, used when the seller has never occupied the property and has no actual knowledge of any defect. 60 O.S. § 833 (Residential Property Condition Disclosure Act) |
| Oregon | Yes, unless an exclusion applies. A covered seller must deliver the statutory "Seller's Property Disclosure Statement" to each buyer who makes a written offer. Unless the buyer waived it in writing, the buyer has five business days after delivery to revoke the offer, and if the seller refuses to provide the form, the buyer may revoke the offer any time before closing. ORS 105.464, 105.465, 105.475 |
| Pennsylvania | Yes. A seller transferring an interest in real property must disclose known material defects by completing a property disclosure statement that meets the statutory form requirements, and must deliver a signed, dated copy to the buyer before the agreement of sale is signed. 68 Pa.C.S. § 7303 |
| Rhode Island | Yes. As soon as practicable, and before any agreement to transfer real estate is signed, the seller must give the buyer (and each agent involved) a written disclosure of all deficient conditions the seller actually knows about, on a form approved by the Rhode Island Real Estate Commission (or a substantially conforming form). The agent may not communicate the buyer's offer until the buyer has received the disclosure and signed a receipt. R.I. Gen. Laws § 5-20.8-2 |
| South Carolina | Yes. Unless the transfer is exempt (for example, court-ordered and foreclosure sales, transfers to a lender after default, and transfers by fiduciaries), the owner of residential real property must give the buyer a written disclosure statement in the form promulgated by the South Carolina Real Estate Commission, covering items such as the water and sewage systems, roof and structure, plumbing, electrical and HVAC systems. An owner who knowingly fails to comply or gives false or misleading information is liable for the buyer's actual damages. S.C. Code Ann. §§ 27-50-30, 27-50-40, 27-50-65 |
| South Dakota | Yes. A seller of residential real property must give the buyer a completed "Seller's Property Condition Disclosure Statement" in the form set by statute before the buyer makes a written offer, and must give a written amendment if the seller learns of a change in a material fact before closing or possession, whichever comes first. SDCL §§ 43-4-38, 43-4-44 |
| Tennessee | Yes, with an option. For covered residential transfers, the owner must give the buyer either (1) a residential property disclosure statement in the statutory form describing the property's condition, including known material defects, or (2) a residential property disclaimer statement saying the property is sold "as is" with no representations, but the disclaimer may be used only if the buyer waives the disclosure statement. Tenn. Code Ann. § 66-5-202 |
| Texas | Yes. A seller of a home with not more than one dwelling unit must give the buyer a written "Seller's Disclosure Notice" (or a substantially similar notice containing at least all the same items) about the property's condition. The law exempts some transfers, including foreclosure sales, court-ordered sales, transfers by a lender that acquired the home through foreclosure or deed in lieu, and transfers between co-owners or to a spouse or close relative. Tex. Prop. Code § 5.008 |
| Virginia | Yes, but it is a "buyer beware" form rather than a detailed condition report. The owner of residential real property must give the buyer a residential property disclosure statement, published by the Real Estate Board on its website, stating among other things that the owner makes no representations or warranties about the property's condition and that buyers should do their own due diligence, such as a home inspection. Va. Code § 55.1-703 |
| Washington | Yes. A seller of improved residential real property must give the buyer a completed seller disclosure statement in the format set by statute, unless the buyer has expressly waived it or the transfer is exempt. Delivery must occur within five business days after mutual acceptance of the purchase contract unless otherwise agreed, and the buyer generally has three business days after delivery to rescind the agreement. RCW 64.06.020 |
| Wisconsin | Yes. Sellers of real property in Wisconsin (including condominium units), unless the transfer is exempt, must give the buyer a completed Real Estate Condition Report in the form set by statute (or the vacant land disclosure report for vacant land) no later than 10 days after accepting the purchase contract. Some sellers who have never lived in the property, such as personal representatives, are exempt. Wis. Stat. §§ 709.01, 709.02, 709.03 |
| Wyoming | The Wyoming statute reviewed requires a property disclosure statement only from sellers of vacant land (land with no habitable dwelling, outside any platted subdivision, city or town, and under 140 acres). It must cover whether the property is offered as a unified estate, whether the mineral estate has been severed, public utilities, who maintains the roads and at what level, water and sewer, fire protection, and known or recorded easements. Sellers of land outside a city or town must also disclose in writing whether the wind estate has been severed. A buyer may waive these disclosures; a sale is not invalid for failure to disclose, but a seller who willfully or negligently fails to comply is liable for the buyer's actual damages. Wyo. Stat. § 34-1-151 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.