Many states require sellers to share what they know about a property’s condition with potential buyers. This usually takes the form of a written disclosure statement. It is one of the most useful documents in your search, and it is worth reading carefully rather than skimming.
What a disclosure is
A seller’s disclosure is a form in which the seller answers questions about the home’s condition and history, based on their knowledge. Requirements vary significantly by state. Some states have detailed standard forms, others require less, and certain types of sales may be exempt. Your agent can tell you what applies where you are buying.
A disclosure reflects what the seller knows. It is not a warranty and not a substitute for a professional inspection.
Timing varies too. In some places you receive the disclosure before making an offer, and in others it arrives after your offer is accepted, sometimes with a short window to review it. Ask early so you know when to expect it and how long you will have.
What disclosures often cover
Forms commonly ask about:
- Roof leaks, repairs or replacement.
- Water intrusion, flooding or drainage problems.
- Foundation or structural issues.
- Plumbing, electrical, heating and cooling systems.
- Pest damage or treatment.
- Renovations, additions and whether permits were obtained.
- Environmental concerns where required, such as lead-based paint in homes built before 1978.
- Homeowners association membership, fees and any pending assessments.
- Boundary disputes, easements or other legal matters.
For homes built before 1978, federal law requires sellers to disclose known lead-based paint hazards and provide an EPA pamphlet. More information is available at EPA.gov/lead.
How to read between the lines
Pay attention to answers marked “unknown” or left blank, especially on major systems. A seller who has not lived in the home, such as an estate or investor, may legitimately not know much. That simply means your inspection carries more weight.
Look for repairs that suggest a pattern, like multiple roof patches or recurring basement water. Note any work done without permits. Write down questions as you go.
Connect it to your inspection
Share the disclosure with your inspector before the inspection. If the seller mentions a past leak, for example, the inspector can look carefully at that area. If the inspection finds something the disclosure did not mention, discuss it with your agent.
Ask for receipts or records for major repairs or replacements listed in the disclosure. Documentation of a recent roof or new heating system is helpful for your planning and for insurance.
When to seek advice
Disclosure laws and a seller’s obligations are legal matters that differ from state to state. If something in a disclosure concerns you, or you have questions about your rights, talk with a real estate attorney. To discuss a home you are considering, reach us through our contact page.
Putting It Into Practice: A Section-by-Section Reading Method
A disclosure can run several pages, and it is easy to skim. Working through it in a set order helps you catch what matters and turn it into clear next steps.
- Start with the basics. Note how long the seller has owned and lived in the home. A long-time owner-occupant will usually know more than someone who has rented it out or inherited it.
- Read the water and moisture questions next. Leaks, drainage, and moisture are among the most important items in any home. In North Georgia, heavy rains and red clay soil can make grading and drainage especially worth understanding.
- Move to the roof and structure. Look for the age of the roof, past repairs, and any mention of foundation movement or cracks.
- Review the systems. Heating, cooling, plumbing, electrical, and the water heater. Note ages if they are given, and ask if they are not.
- Look at utilities and services. Is the home on public water and sewer, or does it use a private well and septic system? That answer affects which inspections you may want.
- Check legal and association items. Easements, boundary questions, HOA membership, and pending assessments can affect how you use the property and what it costs to own.
- Finish with your question list. Write down every item you want clarified, and share the list with us so we can follow up through the listing agent.
Turning Answers Into Action
Each answer on a disclosure can point you toward a next step. Here are a few examples of how that might look:
- “Roof replaced” with a year noted: Ask for the invoice and any warranty paperwork. Your insurance company may want to know the roof’s age, too.
- “Past water in crawl space, corrected”: Ask what was done and by whom. Have your inspector look closely at that area, and consider a specialist if anything seems unresolved.
- “Addition built” or “garage converted”: Ask whether permits were pulled. Unpermitted work can raise questions with insurance, appraisal, or future resale.
- “Unknown” on the HVAC age: Look for a data plate on the equipment, or ask your inspector to estimate the age so you can plan for replacement.
- “Septic system” checked: Ask when it was last pumped and whether there are service records. A septic inspection may be worth adding.
Common Disclosure Mistakes Buyers Make
- Reading it only once. Return to the disclosure after the inspection. Findings often make certain answers more meaningful.
- Treating a clean form as a clean home. A seller can only share what they know. Many problems are hidden from view and only appear during an inspection.
- Waiting to ask questions. Review windows can be short. Raise questions as soon as you receive the form.
- Assuming “no” means never. A “no” generally reflects what the seller knows during their ownership. Earlier history may not be known.
- Not saving a copy. Keep the signed disclosure with your contract documents. It can be helpful for planning maintenance and for future reference.
Questions Readers Ask
Are sellers required to fix the items they disclose?
Generally, disclosure is about sharing information, not agreeing to repairs. Any repairs are a matter of negotiation between buyer and seller under the contract.
What if I find something the seller did not disclose?
Talk with us right away. Depending on what it is and your contract timeline, you may have options. For questions about legal rights, consult a real estate attorney.
Does a bank-owned or estate sale come with a disclosure?
Some sales, such as certain estate or lender-owned sales, may include limited disclosures or none at all. In those situations, your inspection and other research become even more important.
Can I ask the seller questions directly?
Questions usually go through the agents so that communication is documented and clear. We are glad to send your questions along and follow up on the answers.
