Seller disclosure requirements by state

Alabama follows caveat emptor (buyer beware) for used residential property, so a seller generally has no duty to volunteer a property-condition disclosure, though the seller may not actively conceal defects, must answer direct buyer questions honestly, and must disclose known material defects affecting health or safety.

Pure buyer-beware: even 'as is' sales are routinely upheld. The narrow exception is a known material defect that is a direct threat to health or safety and not readily observable by the buyer; there is no proactive duty to inspect.

Statute or source: Caveat emptor is a court-made rule (Cashion v. Ahmadi, 345 So.2d 268 (Ala. 1977); Ray v. Montgomery, 399 So.2d 230 (Ala. 1980)); fiduciary-relationship disclosure duty codified at Ala. Code Sec. 6-5-102 ( official source )

Disclosure form: None (no state-mandated seller disclosure form; the Alabama Association of Realtors offers a voluntary disclosure form for member use)

Alaska requires the seller of residential real property (one to four units) to deliver a completed statutory written Residential Real Property Transfer Disclosure Statement to the buyer before the buyer makes a written offer.

Treble (up to 3x) actual damages for a willful violation. Disclosure can be waived by written agreement (AS 34.70.110) and the first sale of never-occupied property is exempt (AS 34.70.120). Form asks about earthquake/seismic and flood/drainage history.

Statute or source: Alaska Statutes Title 34, Chapter 70 (AS 34.70.010 to 34.70.200); form prescribed under AS 34.70.050 and 12 AAC 64.930 ( official source )

Disclosure form: State of Alaska Residential Real Property Transfer Disclosure Statement (Form 08-4229) (form )

Arizona law requires a residential seller to disclose all known material facts about the property to the buyer whether or not asked, but there is no single state-statute-promulgated form; in practice the Arizona Association of Realtors Residential Seller's Property Disclosure Statement (SPDS) is the universal standard.

Methamphetamine/ecstasy/LSD manufacture: owner must remediate or notify the buyer in writing within five days of contract, with a five-day buyer cancellation right and possible criminal liability. A.R.S. 33-422 affidavit of disclosure is required for five-or-fewer unsubdivided parcels in unincorporated county areas.

Statute or source: Common-law material-fact disclosure duty (Hill v. Jones, 151 Ariz. 81 (App. 1986)); statutory affidavit-of-disclosure requirement for small unsubdivided land sales at A.R.S. Sec. 33-422; hazard disclosure report A.R.S. Sec. 33-423 ( official source )

Disclosure form: Residential Seller's Property Disclosure Statement (SPDS) (Arizona Association of Realtors standard form) (form )

Arkansas has no statute requiring an individual seller to give a property-condition disclosure form, so it is a buyer-beware state, though a seller still may not commit fraud, actively conceal a known defect, or misrepresent the property.

The Arkansas Real Estate Commission's executive director states plainly that no state law requires an owner to disclose property condition; the disclosure duty falls mainly on licensed agents, not the private seller.

Statute or source: Arkansas Real Estate Commission official guidance (no seller disclosure statute); agent duty under AREC Regulation 10.6 ( official source )

Disclosure form: None mandated by statute (the Arkansas Realtors Association provides a voluntary Seller Property Disclosure form used by many agents)

California requires the seller of most residential property (one to four units) to deliver a statutory Real Estate Transfer Disclosure Statement (TDS) plus a Natural Hazard Disclosure Statement as soon as practicable before transfer of title.

Extensive natural-hazard mapping disclosure (special flood hazard, very high fire hazard severity zone, earthquake fault/seismic hazard zone, dam inundation). Death on the property within the prior three years must be disclosed under Civ. Code Sec. 1710.2, but HIV/AIDS occupancy and deaths older than three years need not be.

Statute or source: California Civil Code Sec. 1102 et seq. (TDS); Civil Code Sec. 1103 et seq. (natural hazard disclosure) ( official source )

Disclosure form: Real Estate Transfer Disclosure Statement (TDS); plus Natural Hazard Disclosure Statement (NHD) (form )

Full California guide to selling without an agent

Colorado requires residential sellers to disclose all known material facts; the Colorado Real Estate Commission promulgates a mandatory Seller's Property Disclosure (Residential) form (SPD19) for use by licensees in residential transactions.

The SPD form is unusually detailed (10+ pages) and is updated periodically (a version effective January 1, 2026 exists). Colorado also has methamphetamine-lab remediation disclosure obligations. Direct PDF links on dre.colorado.gov block automated fetching, so the Division notification page is cited as the verified official landing source.

Statute or source: Colorado Real Estate Commission Commission-Approved Contracts and Forms (Form SPD19), authorized under C.R.S. Sec. 12-10-403; common-law material-fact disclosure duty (Gattis v. McNutt) ( official source )

Disclosure form: Seller's Property Disclosure (Residential), Form SPD19 (form )

Connecticut requires a seller to give the buyer a state Residential Property Condition Disclosure Report before the buyer signs a contract, but a seller who does not furnish it is not barred from selling; instead the seller must credit the buyer $500 at closing, making it effectively a disclose-or-pay-to-disclaim regime.

The $500-credit escape hatch is the standout: a seller may decline to complete the report by giving the buyer a $500 closing credit. Connecticut also has a specific crumbling/failing concrete foundation disclosure (added 2018) reflecting the state's pyrrhotite foundation problem.

Statute or source: Connecticut General Statutes Sec. 20-327b (report required) and Sec. 20-327c ($500 credit if not furnished) ( official source )

Disclosure form: Residential Property Condition Disclosure Report (Connecticut Department of Consumer Protection) (form )

Delaware's Buyer Property Protection Act requires a residential seller to complete and deliver a written Seller's Disclosure of Real Property Condition Report disclosing all known material defects before the buyer makes an offer to purchase.

Codified in the trade-practices title (Title 6) rather than the property title, the disclosure must be made in writing before the seller signs the listing agreement and updated for material changes through settlement; the signed report becomes part of the purchase agreement.

Statute or source: Delaware Code Title 6, Chapter 25, Subchapter VII (Buyer Property Protection Act), Sec. 2572 (disclosure of material defects) and Sec. 2578 (property condition report form) ( official source )

Disclosure form: Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission) (form )

The District requires the seller (transferor) of residential real property to deliver a Mayor-approved Seller's Disclosure Statement of actually known defects before or at the time the buyer signs a purchase agreement.

Beyond the general disclosure, DC separately requires sellers to disclose any known underground storage tanks (UST) under the UST Management Act using a DOEE form (https://doee.dc.gov/sites/default/files/dc/sites/ddoe/publication/attachments/Real%20Estate%20Transfer%20Disclosure%20Form-Single%20Family%20Homes%2003%2024%202021.pdf), plus a DC-specific lead disclosure form. The Mayor/Commission-approved disclosure form itself is not posted at a stable .gov download URL, so formUrl is left empty.

Statute or source: D.C. Code sec. 42-1305 (Residential Real Property Seller Disclosure Act); form prescribed by 17 DCMR sec. 2708 ( official source )

Disclosure form: Seller's Disclosure Statement (form approved by the DC Real Estate Commission per 17 DCMR sec. 2708)

Florida has no mandatory statutory seller disclosure form, but under the Florida Supreme Court's Johnson v. Davis (1985) a seller must disclose any known fact materially affecting the property's value that is not readily observable to the buyer.

Florida is one of the few states whose disclosure duty rests on a single landmark case (Johnson v. Davis) rather than a statute. Coastal/flood disclosure has been expanding (e.g., new flood-history disclosure requirements added to residential contracts), and statutorily a seller need NOT disclose that a death, including homicide/suicide/HIV, occurred on the property (Fla. Stat. 689.25).

Statute or source: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) (common-law duty to disclose known material latent defects); no statutory seller-disclosure form ( official source )

Disclosure form: Florida Realtors Seller's Property Disclosure - Residential (SPDR) (industry-standard, not statutorily required)

Full Florida guide to selling without an agent

Georgia is a buyer-beware (caveat emptor) state with no statute requiring a seller property-condition disclosure form, though a seller may not actively conceal known defects or make misleading statements and most transactions use the voluntary GAR Seller's Property Disclosure Statement.

Georgia has no state-mandated disclosure form at all; the duty is limited to not concealing known latent defects the buyer could not discover by reasonable inspection. The widely used disclosure form is published by the Georgia Association of Realtors, not a state agency.

Statute or source: Georgia common-law caveat emptor doctrine; no mandatory statutory seller-disclosure form (passive concealment / duty not to misrepresent applies, e.g., O.C.G.A. Title 44 property law and case law such as Worsham v. Provident) ( official source )

Disclosure form: Georgia Association of Realtors (GAR) Seller's Property Disclosure Statement (voluntary, not required by statute)

Hawaii law (HRS Chapter 508D, 'Mandatory Seller Disclosures in Real Estate Transactions') requires a seller of residential real property to give the buyer a written disclosure statement fully and accurately disclosing all material facts within the seller's knowledge or control.

Highly unusual geography-driven disclosures: HRS 508D-15 requires notifying the buyer if the property lies in a FEMA special flood hazard area, in a tsunami inundation evacuation zone (DOD/emergency-management maps), or in a designated sea-level-rise exposure area. In practice, sellers/agents also disclose the USGS lava-flow hazard zone (1-9) for Hawaii Island parcels. The standard form is published by the Hawaii Association of Realtors; HRS 508D-15 is the statutory list of mandated notifications.

Statute or source: Haw. Rev. Stat. Chapter 508D (esp. 508D-4 disclosure required, 508D-5 written disclosure statement, 508D-15 specific required notifications) ( official source )

Disclosure form: Seller's Real Property Disclosure Statement (per HRS Chapter 508D)

Idaho's Property Condition Disclosure Act (Idaho Code Title 55, Chapter 25) requires sellers of 1-4 unit residential property to deliver a completed, signed seller property condition disclosure form to the buyer.

Idaho codifies the actual disclosure-form text in statute (55-2508) and gives the buyer a 3-business-day statutory right to rescind after receiving the disclosure. The form also asks about city impact areas / annexation. Could not independently re-verify the live form-PDF URL in this session, so confidence is medium on the exact form link; the statute citation is solid.

Statute or source: Idaho Code Title 55, Chapter 25 (Property Condition Disclosure Act), esp. 55-2508 (disclosure form) and 55-2509 (delivery within 10 days; buyer 3-business-day rescission right) ( official source )

Disclosure form: Seller's Property Condition Disclosure Form (statutory form prescribed by Idaho Code 55-2508; Idaho Realtors RE-25)

The Illinois Residential Real Property Disclosure Act (765 ILCS 77) requires sellers to deliver the statutory Residential Real Property Disclosure Report before contract signing, disclosing known material defects across ~23 listed conditions.

Two standout items: (1) under the Illinois Radon Awareness Act (420 ILCS 46) the seller must give the buyer the 'Illinois Disclosure of Information on Radon Hazards' and the IEMA radon pamphlet before contract; and (2) the statutory disclosure report includes a question on whether the property was used as a methamphetamine lab (added by P.A. 96-something / meth-lab disclosure).

Statute or source: 765 ILCS 77 (Residential Real Property Disclosure Act); the disclosure report form is set out at 765 ILCS 77/35; radon obligations under 420 ILCS 46 (Radon Awareness Act) ( official source )

Disclosure form: Residential Real Property Disclosure Report (statutory form, 765 ILCS 77/35)

Indiana law (IC 32-21-5) requires the owner of 1-4 unit residential property to complete and sign the state-prescribed Seller's Residential Real Estate Sales Disclosure form (State Form 46234) and deliver it to the buyer before the buyer's offer is accepted.

Indiana's official State Form 46234 was amended (P.L. 180-2014) to add a question on contamination from controlled substances / methamphetamine manufacture. The form is published by the Indiana state forms catalog (forms.in.gov); the listed download URL appeared in official search results but could not be byte-verified live in this session, so confidence on the exact link is medium while the statute citation is high.

Statute or source: Ind. Code 32-21-5 (Residential Real Estate Sales Disclosure); form prescribed by the Indiana Real Estate Commission under IC 32-21-5-7 (876 IAC 9) ( official source )

Disclosure form: Seller's Residential Real Estate Sales Disclosure (State Form 46234) (form )

Iowa Code Chapter 558A requires a seller of residential property with 1-4 dwelling units to deliver a written disclosure of the property's condition to the buyer before the buyer makes a written offer.

Iowa requires good-faith disclosure of known conditions materially affecting the property and an ongoing duty to amend if the disclosure becomes inaccurate. The standard form includes acknowledgment of receipt of the 'Iowa Radon Home-Buyers and Sellers Fact Sheet' (radon is a notable concern given Iowa's high radon levels). The form content is fixed by Iowa Real Estate Commission rule (193E IAC 14).

Statute or source: Iowa Code Chapter 558A (Real Estate Disclosures), esp. 558A.4 (required information); disclosure-statement rules at Iowa Admin. Code 193E ch. 14 ( official source )

Disclosure form: Seller Property Condition Disclosure Statement (per Iowa Code 558A; form/content prescribed by Iowa Real Estate Commission rules, 193E IAC ch. 14)

Kansas has no statute mandating a seller property-condition disclosure form; sellers must disclose known material defects not readily observable and may not misrepresent, but the only statutorily required disclosure is a radon notice that must appear in every residential sales contract.

Kansas is a hybrid: there is no statutory seller disclosure form, but K.S.A. 58-3078a requires every residential real-estate sales contract (effective July 1, 2009) to contain prescribed radon-warning language (radon as a Class A carcinogen, KDHE testing recommendation, reference to kansasradonprogram.org) and to disclose any known elevated radon results. Classified caveat-emptor because no mandatory statutory disclosure form exists, though a duty not to conceal known defects applies.

Statute or source: No mandatory statutory seller-disclosure form; duty to disclose known material defects under Kansas common law. Mandatory radon notice in residential sale contracts under K.S.A. 58-3078a. ( official source )

Disclosure form: Kansas Association of Realtors Seller's Disclosure Statement (voluntary industry form; no statutory form). KREC publishes a Seller's Disclosure / brokerage-relationships materials.

Kentucky requires sellers of single-family residential property marketed through a licensee to complete and sign the state real estate commission's statutory Seller's Disclosure of Property Condition form, delivered to a prospective buyer within 72 hours of a signed written offer.

Statute expressly requires disclosure of radon testing/results and any installed radon mitigation system, plus mold/fungi and other environmental hazards (carbon monoxide, asbestos, urea formaldehyde). Form is not required for new homes with a warranty, auction sales, or court-supervised foreclosures.

Statute or source: Ky. Rev. Stat. (KRS) 324.360, Form for seller's disclosure of conditions ( official source )

Disclosure form: Seller's Disclosure of Property Condition (KREC Form 402) (form )

Louisiana requires every seller of residential real property to complete and deliver the Louisiana Real Estate Commission's mandatory Property Disclosure Document no later than when the buyer makes an offer, with a 72-hour termination right if delivered late.

Requires affirmative disclosure of homeowners'-association/restrictive-covenant information and flood/drainage history; LREC issues a new mandatory PDD version annually (2026 forms effective Jan. 1, 2026). The form URL is the LREC forms landing page because the year-specific PDF link changes each year.

Statute or source: La. Rev. Stat. 9:3198 (Louisiana Residential Property Disclosure Act, La. R.S. 9:3196 et seq.) ( official source )

Disclosure form: Property Disclosure Document (LREC mandatory form) (form )

Maine requires sellers of 1-to-4-unit residential property to give the buyer a written property disclosure statement covering specified categories before the buyer makes an offer; the Maine Association of REALTORS form is the standard document used to satisfy the statute.

Statute mandates disclosure of FEMA flood-hazard zone status and flood history, shoreland-zoning ordinance violations, and hazardous materials including asbestos, lead-based paint, radon, underground oil tanks, and methamphetamine. The standard form is published by the Maine Association of REALTORS rather than a state agency, so no stable official-agency PDF URL is cited; statute is the controlling source.

Statute or source: 33 M.R.S. § 173 (Required disclosures; Maine real estate disclosure law, 33 M.R.S. §§ 171-178) ( official source )

Disclosure form: Maine Property Disclosure Statement (Maine Association of REALTORS form)

Maryland is the canonical disclose-or-disclaim state: the seller of single-family residential property must give the buyer either a Residential Property Disclosure Statement OR a Residential Property Disclaimer Statement (selling 'as is'), but in either case must still disclose latent defects actually known to the seller.

Even a seller who elects the 'as is' disclaimer must still disclose latent defects (material defects not reasonably discoverable by visual inspection that pose a direct threat to health or safety) of which the seller has actual knowledge. Both the disclosure and disclaimer options appear on a single state-published form.

Statute or source: Md. Code, Real Property § 10-702 (Single Family Residential Real Property Disclosure Requirements); form prescribed by COMAR 09.11.07 ( official source )

Disclosure form: Maryland Residential Property Disclosure and Disclaimer Statement (form )

Massachusetts follows caveat emptor with no mandatory statutory seller property-condition disclosure form; the seller cannot affirmatively misrepresent or conceal, and must answer direct buyer questions truthfully, but is not required to volunteer most condition information.

By statute (c. 93 §114) a seller need NOT disclose that a property is 'psychologically impacted' (site of a felony, suicide, homicide, or alleged paranormal phenomenon, or formerly occupied by a person with a disease unlikely to be transmitted by occupancy). The few affirmative mandates are lead paint and the Title 5 septic-system inspection requirement; there is no general statutory condition-disclosure form.

Statute or source: Mass. Gen. Laws ch. 93, § 114 (psychologically impacted property); septic/Title 5 disclosure under 310 CMR 15.000; lead-paint disclosure under M.G.L. c. 111, §§ 197A-199B ( official source )

Disclosure form: No mandatory statutory form (Massachusetts Association of REALTORS Seller's Statement of Property Condition is voluntary)

Michigan's Seller Disclosure Act requires the seller of 1-to-4-unit residential property to deliver a completed Seller's Disclosure Statement (whose exact form text is set out in the statute) before closing; failure to deliver lets the buyer terminate the purchase agreement.

The full text and layout of the mandatory checklist form is written directly into the statute (MCL 565.957), so the disclosure form is the statute itself; it covers appliances, roof, basement, HVAC, environmental issues, encroachments, and pending legal/structural issues. Failure to provide a signed statement gives the buyer a right to terminate the agreement.

Statute or source: Mich. Comp. Laws (MCL) 565.957 (Seller Disclosure Act, Act 92 of 1993, MCL 565.951-565.966) ( official source )

Disclosure form: Seller's Disclosure Statement (statutory form, MCL 565.957) (form )

Minnesota requires the seller of residential real property to make a written disclosure to the buyer of all material facts the seller knows that could adversely and significantly affect the buyer's use and enjoyment of the property, before the buyer signs a purchase agreement.

Separate statute (Minn. Stat. § 152.0275, subd. 2(m)) requires a non-waivable written disclosure if the seller knows methamphetamine production occurred on the property, including remediation/order status; the standalone § 513.55 disclosure obligation is narrative ('all known material facts') rather than a state-issued checklist form.

Statute or source: Minn. Stat. § 513.55 (Seller disclosure; required disclosures; Minn. Stat. §§ 513.52-513.60) ( official source )

Disclosure form: Seller's Property Disclosure Statement (no state-prescribed form; Minnesota Realtors standard form commonly used)

Mississippi requires the seller of 1-to-4-unit residential property (when sold through a licensee) to deliver the Mississippi Real Estate Commission's Property Condition Disclosure Statement (PCDS) before transfer of title, using the MREC form or one with identical information.

PCDS requires disclosure of whether the property is in a flood-hazard zone (with map number) and whether flood insurance is required and its premium, plus wetlands designation, radon, and other environmental hazards. By contrast, § 89-1-527 expressly provides that a seller need not disclose 'non-material' facts such as a death or felony having occurred on the property or that an occupant was exposed to a disease not transmissible by occupancy. The PCDS form may not be personalized.

Statute or source: Miss. Code Ann. §§ 89-1-501 to 89-1-527 (Real Estate Transfer Disclosure Requirements); form of statement § 89-1-509 ( official source )

Disclosure form: Property Condition Disclosure Statement (PCDS), MREC form (form )

Missouri has no statute mandating a general seller property-condition disclosure form, so it is a buyer-beware state where the seller may not actively conceal or misrepresent defects, though the industry-standard Missouri REALTORS form is used in most agent-assisted sales.

Methamphetamine production/contamination must be disclosed if known (RSMo 442.600 et seq.). No statutory general-condition form; disclosure is driven by REALTOR practice and the broker's duty to disclose known adverse material facts.

Statute or source: Mo. Rev. Stat. ch. 339 (broker duties; RSMo 339.730 requires licensees to disclose known adverse material facts; no statute mandates a general seller disclosure form). Statutory disclosures that do exist are narrow, e.g. RSMo 442.606 (methamphetamine production). ( official source )

Disclosure form: Missouri REALTORS Seller's Disclosure Statement for Residential Property (Form DSC-8000)

Effective 2023, Montana abandoned strict caveat emptor and now requires the seller to give the buyer a written disclosure statement of any adverse material facts about the residential property of which the seller has actual knowledge, though no single state-prescribed form is mandated.

Recency is the standout: Montana only created a mandatory seller disclosure duty in 2023 (previously a caveat-emptor state). The statute lists required categories including water source/service, wastewater/septic, structural water intrusion, and 'any other adverse material fact,' but the law specifies content rather than a single official agency form.

Statute or source: Mont. Code Ann. 70-20-502 (Residential Real Property Disclosure Requirements, Part 5; enacted Ch. 375, Laws of 2023) ( official source )

Disclosure form: Seller's disclosure statement (statutorily required content; Montana Association of REALTORS Property Disclosure Statement commonly used)

Nebraska requires every seller of residential real property to deliver a completed written Seller Property Condition Disclosure Statement (on the form/in the format adopted by the State Real Estate Commission) on or before the effective date of the purchase contract.

Form requires disclosure of any private transfer fee obligation and of carbon monoxide alarm compliance, in addition to standard structural/systems/environmental items. Buyer's cause of action for noncompliance must be brought within one year of possession or conveyance.

Statute or source: Neb. Rev. Stat. 76-2,120 (written disclosure statement required; contents; delivery; liability; State Real Estate Commission rules) ( official source )

Disclosure form: Seller Property Condition Disclosure Statement (Nebraska Real Estate Commission) (form )

Nevada requires most residential sellers to serve the buyer with a completed Seller's Real Property Disclosure Form (the form is prescribed by the Nevada Real Estate Division) at least 10 days before conveyance, and the seller's agent may not fill it out on the seller's behalf.

Form must be served at least 10 days before conveyance; the seller's agent is prohibited from completing it for the seller. Sellers must also disclose known defects discovered or worsening after delivery via an amended form.

Statute or source: Nev. Rev. Stat. ch. 113 (Sales of Real Property), esp. NRS 113.130 (completion and service of disclosure form before conveyance) and NRS 113.120 (Division to adopt form) ( official source )

Disclosure form: Seller's Real Property Disclosure Form (Nevada Real Estate Division, Form 547) (form )

New Hampshire has no single comprehensive mandatory seller property-condition form, but statute requires sellers to give specific written notices (private water supply, private sewage/septic, insulation, radon, arsenic, lead) and licensees must disclose known material defects, so it is effectively a targeted-disclosure regime rather than full caveat emptor.

Mandatory radon and arsenic notices are unusual to New Hampshire (high natural arsenic in private wells/bedrock). Required private water-supply and private sewage-disposal disclosures (RSA 477:4-c). Stigmatized/'psychologically affected' property history disclosure is negotiable, not mandatory (RSA 477:4-e).

Statute or source: N.H. Rev. Stat. Ann. ch. 477, esp. RSA 477:4-a (notification: radon, lead, arsenic, insulation), RSA 477:4-c (private water supply and private sewage disposal disclosure), and RSA 477:4-e (property history / stigmatized property, negotiable) ( official source )

Disclosure form: No single statutory form; statutory notices under RSA 477:4-a (radon/lead/insulation) and RSA 477:4-c (private water supply / sewage disposal); NH Association of REALTORS Seller's Property Information Report commonly used

New Jersey is historically a caveat-emptor state with no single mandatory statutory seller form, but sellers must disclose known latent material defects and may not conceal them; the NJ Division of Consumer Affairs adopted a Seller's Property Condition Disclosure Statement that is widely used and new Consumer Protection Enhancement Act rules are expanding mandatory disclosure.

Disclosure regime is shifting: the Consumer Protection Enhancement Act and related rulemaking are moving New Jersey toward mandatory completed disclosure statements before the buyer is contractually bound. Using the Division-adopted form helps establish a broker's 'reasonable and diligent inquiry' defense.

Statute or source: N.J.A.C. 13:45A-29 (Property Condition Disclosure form adopted by NJ Division of Consumer Affairs); common-law duty to disclose known latent defects (Weintraub v. Krobatsch); NJ Consumer Protection Enhancement Act (CPEA) expanding mandatory disclosure ( official source )

Disclosure form: Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs); NJ REALTORS Seller's Property Condition Disclosure Statement also widely used (form )

New Mexico has no statute requiring a general seller property-condition disclosure form (the statute it does have focuses on property-tax estimates, not condition); brokers must disclose known adverse material facts, and the New Mexico Association of REALTORS form is the standard used in practice.

Standout is the property-tax disclosure: before accepting an offer the seller must obtain from the county assessor and provide an estimate of the property tax levy (47-13-4), warning buyers that taxes may change on sale. There is no statutory general-condition disclosure mandate (47-13-2 expressly says it is not required).

Statute or source: N.M. Stat. Ann. ch. 47, art. 13 (Real Estate Disclosure): 47-13-2 (general condition disclosure not required) and 47-13-4 (county-assessor property-tax estimate disclosure required) ( official source )

Disclosure form: New Mexico Association of REALTORS Seller's Property Disclosure Statement (and NMAR Adverse Material Facts Disclosure Statement)

Under the amended Property Condition Disclosure Act (effective March 2024), New York now requires sellers of most one-to-four-family residential property to deliver a completed Property Condition Disclosure Statement before the buyer signs the contract, having eliminated the old option for sellers to skip it by giving a $500 closing credit.

The 2023 amendment removed the long-standing $500-credit loophole that previously let sellers avoid disclosure, making delivery effectively mandatory, and added seven new FEMA flood-related questions (100-year/500-year floodplain, federal flood-insurance requirement, prior flood claims, FEMA/SBA disaster assistance, elevation certificate), expanding the form from 49 to 56 questions. Co-ops and condos are exempt.

Statute or source: N.Y. Real Property Law art. 14 (Property Condition Disclosure Act), RPL 462-467; amended by Ch. 484, Laws of 2023 (A.1967/S.5400), effective March 20, 2024 ( official source )

Disclosure form: Property Condition Disclosure Statement (NYS Department of State Form DOS-1614-f) (form )

North Carolina's Residential Property Disclosure Act requires sellers of 1-to-4-unit residential property to deliver a state-mandated disclosure statement before the buyer makes an offer, though the owner may toggle individual items to 'no representation.'

Separately mandated Mineral and Oil and Gas Rights Disclosure Statement (G.S. 47E-4.1) requiring conspicuous, boldface disclosure of any prior severance of mineral/oil/gas rights. The main RPOADS also folds in a mandatory owners'-association/HOA disclosure.

Statute or source: N.C. Gen. Stat. Chapter 47E (Residential Property Disclosure Act), esp. G.S. 47E-4 and 47E-4.1 ( official source )

Disclosure form: Residential Property and Owners' Association Disclosure Statement (REC 4.22) (form )

North Dakota is a buyer-beware state by default, but statute requires a written disclosure of material facts before final acceptance; when any party uses a real estate licensee, the seller must complete the Real Estate Commission's written disclosure form (or a substantially similar one).

Hybrid duty: no mandatory form in a pure FSBO sale, but the statute still compels written disclosure of all material facts that could adversely and significantly affect an ordinary buyer's use/enjoyment; the formal Commission form becomes mandatory the moment a licensee is involved on either side.

Statute or source: N.D. Cent. Code 47-10-02.1 (within Chapter 47-10, Real Property Transfers) ( official source )

Disclosure form: North Dakota Real Estate Commission Seller's Property Disclosure Form (form )

Ohio requires every seller of 1-to-4-unit residential real property to complete and deliver the state-prescribed Residential Property Disclosure Form before the buyer signs the purchase contract, with a statutory rescission right if delivered late.

Form requires disclosure of flood-zone status and past flooding of basement/crawl space, plus radon gas; covers water supply/well and sewer/septic specifics. Note: I could not confirm a stable, current official PDF URL on com.ohio.gov (its forms page returned 404 on fetch), so formUrl is left empty and the statute (the prescribing source) is cited instead.

Statute or source: Ohio Rev. Code 5302.30 (form prescribed under Ohio Admin. Code 1301:5-6-10) ( official source )

Disclosure form: Ohio Residential Property Disclosure Form (prescribed by the Dept. of Commerce, Div. of Real Estate & Professional Licensing)

Under the Residential Property Condition Disclosure Act, an Oklahoma seller of 1-or-2-unit residential property must deliver either a completed disclosure statement (if they have occupied or have actual knowledge) or a disclaimer statement (if they have never occupied and have no actual knowledge) before accepting an offer.

Explicit two-track disclosure-or-disclaimer structure with separate OREC-promulgated forms (Appendix A disclosure, Appendix B disclaimer). The disclaimer is only available to a seller who never occupied the property and has no actual knowledge of defects.

Statute or source: Okla. Stat. tit. 60, 831 et seq. (Residential Property Condition Disclosure Act) ( official source )

Disclosure form: Residential Property Condition Disclosure Statement (Appendix A) / Residential Property Condition Disclaimer Statement (Appendix B) (form )

Oregon requires sellers of residential property to deliver the statutory Seller's Property Disclosure Statement (whose exact text is set in ORS 105.464) to each buyer, giving the buyer a five-business-day right to revoke; only narrow statutory exclusions (e.g., first sale of a never-occupied home, foreclosure, fiduciary/government sales) excuse it.

Form must disclose designated floodplain status, radon testing/treatment, and (since wildfire reforms) wildland-urban interface / wildfire-hazard items, plus geologic-hazard/landslide history. Because the form is statutory it cannot be modified. The realtor (OREF-020) version mirrors the statute; I left formUrl empty because only a watermarked SAMPLE PDF was publicly verifiable, but the controlling form text is in the statute itself.

Statute or source: Or. Rev. Stat. 105.462 to 105.490, esp. ORS 105.464 (form) and 105.465 (delivery duty) ( official source )

Disclosure form: Seller's Property Disclosure Statement (statutory form in ORS 105.464; standardized as OREF-020)

Pennsylvania's Real Estate Seller Disclosure Law requires sellers of residential real estate to disclose known material defects on the State Real Estate Commission's prescribed Seller's Property Disclosure Statement before the agreement of sale is signed.

Mine subsidence and sinkhole disclosure: sellers must disclose sliding, settling, earth movement, subsidence and sinkholes, reflecting PA's coal-mining geology (the state runs a Mine Subsidence Insurance Fund). The Commission's form also adds a stormwater-facilities section. PA does not specifically require former-meth-lab disclosure (covered only generally as a hazardous-substance item).

Statute or source: 68 Pa.C.S. 7301 et seq. (Real Estate Seller Disclosure Law); form prescribed by 49 Pa. Code 35.335a ( official source )

Disclosure form: Seller's Property Disclosure Statement (State Real Estate Commission form, per 49 Pa. Code 35.335a) (form )

Rhode Island requires the seller to deliver a written real estate disclosure form (of deficient conditions within the seller's actual knowledge) to the buyer before any purchase-and-sale agreement is signed, and every residential P&S agreement must contain an acknowledgement that the form was provided.

Unusually granular statutory checklist includes wood-burning stove permit/installation status, UFFI (urea-formaldehyde foam insulation), and cesspool/septic detail (location, last pumped). Penalty is capped at $1,000 per violation and failure to deliver does not void the sale or cloud title. I left formUrl empty because the form is the Commission-approved RI Realtors R-106 rather than a free state-hosted PDF I could verify on dbr.ri.gov.

Statute or source: R.I. Gen. Laws Chapter 5-20.8 (Real Estate Sales Disclosures), esp. 5-20.8-2 and 5-20.8-5 ( official source )

Disclosure form: Rhode Island Real Estate Sales Disclosure Form (Commission-approved; standardized as RI Realtors form R-106)

South Carolina's Residential Property Condition Disclosure Act requires owners of residential property (up to four units in a single transaction) to deliver the Real Estate Commission's prescribed disclosure statement before forming a contract, though the owner may mark items 'no representation.'

Statute expressly enumerates radon gas, methane gas, underground storage tanks, and wood-destroying-insect infestation among required environmental/condition items, along with encroachments and land-use/zoning notices. The form is posted free for download on the LLR public website as required by statute.

Statute or source: S.C. Code Ann. Title 27, Chapter 50 (Residential Property Condition Disclosure Act), esp. 27-50-40 ( official source )

Disclosure form: South Carolina Residential Property Condition Disclosure Statement (SC Real Estate Commission / LLR) (form )

South Dakota requires most residential sellers to deliver a completed statutory Seller's Property Condition Disclosure Statement to the buyer before the buyer makes a written offer.

The statutory form requires disclosing known production OR use of methamphetamines on the property (added 2020), a hazardous-condition disclosure unusual to South Dakota.

Statute or source: S.D. Codified Laws sec. 43-4-38 (duty to furnish) and sec. 43-4-44 (codified disclosure form) ( official source )

Disclosure form: Seller's Property Condition Disclosure Statement (form )

Tennessee sellers must provide a residential property disclosure statement, but may instead furnish a disclaimer statement (property sold 'as is' with no representations) if the buyer waives the disclosure.

Sellers must specifically disclose any known sinkholes, exterior injection wells, and results of percolation/soil-absorption tests (Tenn. Code Ann. sec. 66-5-212). No verified official .gov-hosted form PDF; the RF201 form is published by Tennessee Realtors.

Statute or source: Tenn. Code Ann. sec. 66-5-202 (required disclosures or disclaimers); sec. 66-5-210 (model form); sec. 66-5-212 (sinkhole/percolation) ( official source )

Disclosure form: Tennessee Residential Property Condition Disclosure (TN Realtors form RF201; statutory model form in Tenn. Code Ann. sec. 66-5-210)

Texas requires sellers of residential property with not more than one dwelling unit to give the buyer a written Seller's Disclosure Notice on or before contract execution.

Texas requires disclosure of flood history, prior flooding, location in a 100-year floodplain/flood pool/reservoir, flood-insurance claims, and FEMA assistance received (expanded under HB 4642), an unusually detailed flood-disclosure regime.

Statute or source: Tex. Prop. Code sec. 5.008 ( official source )

Disclosure form: Seller's Disclosure Notice (TREC Form OP-H) (form )

Full Texas guide to selling without an agent

Utah is a buyer-beware state with no statutory mandatory disclosure form, but court-made law requires sellers to disclose known material latent defects a reasonable buyer could not discover, and the Utah Association of Realtors' standard Seller's Property Condition Disclosure is used in most transactions.

By statute (Utah Code 57-27-201) a death, suicide, homicide, or felony on the property and the fact that an occupant had HIV/AIDS are NOT material facts that must be disclosed. The UAR disclosure form is member/login-restricted, so no official form URL could be verified.

Statute or source: Utah common law (caveat emptor with duty to disclose known latent material defects); no controlling residential-disclosure statute. Utah Code Ann. sec. 57-27-201 covers stigmatized-property/death disclosure ( official source )

Disclosure form: Seller's Property Condition Disclosure (Utah Association of Realtors standard form)

Vermont has no statewide statutory seller disclosure form; it is largely buyer-beware, though sellers may not actively misrepresent or conceal known material defects and licensed agents must disclose known material facts.

Vermont relies on broker duty-to-disclose-material-facts rules rather than a seller statute; there is no state-mandated form, so no official form URL exists.

Statute or source: No residential seller-disclosure statute; Vermont common law (no active concealment/misrepresentation) plus agent duties under 26 V.S.A. ch. 41 and Real Estate Commission rules ( official source )

Disclosure form: No mandatory statutory form (Vermont Realtors 'Seller's Property Information Report' commonly used voluntarily)

Virginia mandates that sellers deliver a Residential Property Disclosure Statement, but the statement itself is a 'buyer beware' document in which the owner makes no representations and directs the buyer to exercise due diligence and obtain inspections.

The mandatory form directs buyers to investigate (rather than the seller affirmatively disclosing) numerous items including defective drywall, marine clay (marumsco) soils, dam-break inundation zones, radon/flood zones, the sex-offender registry, and aircraft noise from nearby airports. Classified caveat-emptor because the required statement disclaims seller representations.

Statute or source: Va. Code sec. 55.1-703 (Virginia Residential Property Disclosure Act, sec. 55.1-700 et seq.) ( official source )

Disclosure form: Residential Property Disclosure Statement (Virginia Real Estate Board / DPOR) (form )

Washington requires sellers of improved residential real property to deliver the statutory 'Form 17' Seller Disclosure Statement to the buyer, who then has three business days to rescind.

The Environmental section requires disclosure of radon, asbestos, formaldehyde, contaminated soil/water, prior drug (meth) manufacturing, fill, and damage from fire, wind, floods, earthquakes, expansive soils, or landslides; that environmental section's 'yes' answers cannot be waived. The official Form 17 PDF is distributed by NWMLS/Washington Realtors, not on a .gov site, so the RCW (which contains the form text) is cited instead.

Statute or source: RCW 64.06.020 (statute sets out the mandatory Form 17 format verbatim) ( official source )

Disclosure form: Real Property Transfer Disclosure Statement ('Form 17')

West Virginia is a buyer-beware state with no statutory seller disclosure form; sellers must still avoid fraud, answer direct questions truthfully, and not conceal known material defects.

West Virginia is one of the minority of states with no required seller property-condition form at all; obligations arise only from fraud/concealment law and broker duties, so no official form URL exists.

Statute or source: No residential seller-disclosure statute; West Virginia common law (caveat emptor with no fraudulent concealment/misrepresentation) ( official source )

Disclosure form: No mandatory statutory form

Wisconsin requires owners of property with one to four dwelling units to furnish the buyer a completed statutory Real Estate Condition Report within 10 days of contract acceptance, with a rescission right if not delivered.

The report requires disclosing whether the property is in a floodplain, wetland, or shoreland zoning area, and known issues with wells, septic, fuel/storage tanks, and high radon levels in the home; the statutory form text itself is published by the Legislature (DSPS-approved WRA versions exist but are paywalled).

Statute or source: Wis. Stat. sec. 709.02 (duty) and sec. 709.03 (residential real estate condition report form) ( official source )

Disclosure form: Real Estate Condition Report (statutory form in Wis. Stat. sec. 709.03) (form )

Wyoming is a buyer-beware state with no mandatory statutory seller disclosure form; sellers cannot commit fraud or actively conceal known defects, and listing agents must disclose known adverse material facts.

Wyoming courts enforce caveat emptor / 'as is' clauses; there is no required seller form, with the only affirmative duty falling on real estate licensees to disclose adverse material facts actually known to them.

Statute or source: No residential seller-disclosure statute; Wyoming common law (caveat emptor) plus licensee disclosure duties under Wyo. Stat. sec. 33-28-303 ( official source )

Disclosure form: No mandatory statutory form