Seller's Property Disclosure Statement
⏱ Estimated time: 45-60 minutes
⚠️ Draft content
This entry is a working draft and hasn't been reviewed by a licensed professional yet. Always use the official source linked below as your authoritative reference.
A Seller's Property Disclosure Statement is a form where the seller answers questions about the home's condition: roof, foundation, basement, plumbing, electrical, HVAC, water source, sewer, environmental hazards, known defects, and material facts. Almost every state requires some version of this for residential sales — the questions vary, but the legal principle is consistent: you must disclose what you know.
📥 Find your state's official form
Every state publishes its own version of this document. Pick your state below and we'll send you straight to its real estate commission, where you can download the official form.
Why this exists
States are split into roughly two camps: 'caveat emptor' (buyer beware — minimal seller disclosure required, e.g., parts of TX and AL) and 'disclosure' states (most US states — the seller has an affirmative duty to share known material defects).
Even in caveat-emptor states, lying about a known defect can still expose you to fraud liability. The safest posture in any state is: disclose what you know, in writing.
The standard you're held to
What every state form covers (in some form)
• Structural items: foundation, roof, basement, walls, floors
• Mechanical systems: HVAC, plumbing, electrical, water heater, appliances
• Water source (city, well, shared) and sewer/septic
• Environmental hazards: radon, asbestos, lead paint, mold, underground storage tanks
• Pests: termites, rodents, history of treatment
• Title issues: encroachments, easements, boundary disputes, HOA
• Known material defects, even if "fixed"
Timing
Most states require delivery to the buyer BEFORE they sign the purchase agreement. If you deliver it after, the buyer typically has the right to rescind.
Keep the signed copy for at least 3 years after closing — longer if your state has a longer statute of limitations on real estate fraud.
Where to find your state's exact form
Use the state finder at the top of this page to jump to your state's real estate commission. Most states publish their official disclosure form for free on the commission website. If your state doesn't publish one, your state Realtor association usually does, and you can request it directly or buy a single-use copy.
⚠️ Things to watch out for
Commonly-reported issues people run into with this document. Always verify the specifics with your state's official source or a licensed professional.
- •Marking "unknown" when you actually know the answer. Courts treat this as bad faith.
- •Skipping disclosures for 'as-is' sales. Selling as-is doesn't waive disclosure obligations in most states. You can sell as-is AND still have to disclose what you know.
- •Forgetting that some states require additional separate disclosures beyond the main form (well disclosure, septic disclosure, methamphetamine history, flood zone, mineral rights, etc.). Check your state's commission website for the full list.
- •Not preserving the signed copy. If a dispute arises 2 years later, your signed disclosure is your best defense.
Last reviewed: 2026-04-09 · Placeholder content — pending review
This entry is informational only — not legal advice. Frula Homes is an informational platform. We point you to official sources; we don't prepare, review, or interpret legal documents, and we're not your attorney or real estate agent. For legal questions specific to your situation, consult a licensed attorney in your state.