| Alabama | Buyer beware | None (no state-mandated seller disclosure form; the Alabama Association of Realtors offers a voluntary disclosure form for member use) (law) | 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. |
| Alaska | Mandatory form | State of Alaska Residential Real Property Transfer Disclosure Statement (Form 08-4229) (law) | 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. |
| Arizona | Mandatory form | Residential Seller's Property Disclosure Statement (SPDS) (Arizona Association of Realtors standard form) (law) | 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. |
| Arkansas | Buyer beware | None mandated by statute (the Arkansas Realtors Association provides a voluntary Seller Property Disclosure form used by many agents) (law) | 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. |
| California | Mandatory form | Real Estate Transfer Disclosure Statement (TDS); plus Natural Hazard Disclosure Statement (NHD) (law) | 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. |
| Colorado | Mandatory form | Seller's Property Disclosure (Residential), Form SPD19 (law) | 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. |
| Connecticut | Disclose or disclaim | Residential Property Condition Disclosure Report (Connecticut Department of Consumer Protection) (law) | 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. |
| Delaware | Mandatory form | Seller's Disclosure of Real Property Condition Report (Delaware Real Estate Commission) (law) | 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. |
| District of Columbia | Mandatory form | Seller's Disclosure Statement (form approved by the DC Real Estate Commission per 17 DCMR sec. 2708) (law) | 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. |
| Florida | Buyer beware | Florida Realtors Seller's Property Disclosure - Residential (SPDR) (industry-standard, not statutorily required) (law) | 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). |
| Georgia | Buyer beware | Georgia Association of Realtors (GAR) Seller's Property Disclosure Statement (voluntary, not required by statute) (law) | 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. |
| Hawaii | Mandatory form | Seller's Real Property Disclosure Statement (per HRS Chapter 508D) (law) | 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. |
| Idaho | Mandatory form | Seller's Property Condition Disclosure Form (statutory form prescribed by Idaho Code 55-2508; Idaho Realtors RE-25) (law) | 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. |
| Illinois | Mandatory form | Residential Real Property Disclosure Report (statutory form, 765 ILCS 77/35) (law) | 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). |
| Indiana | Mandatory form | Seller's Residential Real Estate Sales Disclosure (State Form 46234) (law) | 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. |
| Iowa | Mandatory form | Seller Property Condition Disclosure Statement (per Iowa Code 558A; form/content prescribed by Iowa Real Estate Commission rules, 193E IAC ch. 14) (law) | 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). |
| Kansas | Buyer beware | Kansas Association of Realtors Seller's Disclosure Statement (voluntary industry form; no statutory form). KREC publishes a Seller's Disclosure / brokerage-relationships materials. (law) | 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. |
| Kentucky | Mandatory form | Seller's Disclosure of Property Condition (KREC Form 402) (law) | 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. |
| Louisiana | Mandatory form | Property Disclosure Document (LREC mandatory form) (law) | 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. |
| Maine | Mandatory form | Maine Property Disclosure Statement (Maine Association of REALTORS form) (law) | 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. |
| Maryland | Disclose or disclaim | Maryland Residential Property Disclosure and Disclaimer Statement (law) | 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. |
| Massachusetts | Buyer beware | No mandatory statutory form (Massachusetts Association of REALTORS Seller's Statement of Property Condition is voluntary) (law) | 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. |
| Michigan | Mandatory form | Seller's Disclosure Statement (statutory form, MCL 565.957) (law) | 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. |
| Minnesota | Mandatory form | Seller's Property Disclosure Statement (no state-prescribed form; Minnesota Realtors standard form commonly used) (law) | 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. |
| Mississippi | Mandatory form | Property Condition Disclosure Statement (PCDS) — MREC form (law) | 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. |
| Missouri | Buyer beware | Missouri REALTORS Seller's Disclosure Statement for Residential Property (Form DSC-8000) (law) | 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. |
| Montana | Mandatory form | Seller's disclosure statement (statutorily required content; Montana Association of REALTORS Property Disclosure Statement commonly used) (law) | 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. |
| Nebraska | Mandatory form | Seller Property Condition Disclosure Statement (Nebraska Real Estate Commission) (law) | 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. |
| Nevada | Mandatory form | Seller's Real Property Disclosure Form (Nevada Real Estate Division, Form 547) (law) | 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. |
| New Hampshire | Disclose or disclaim | 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 (law) | 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). |
| New Jersey | Buyer beware | Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs); NJ REALTORS Seller's Property Condition Disclosure Statement also widely used (law) | 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. |
| New Mexico | Buyer beware | New Mexico Association of REALTORS Seller's Property Disclosure Statement (and NMAR Adverse Material Facts Disclosure Statement) (law) | 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). |
| New York | Mandatory form | Property Condition Disclosure Statement (NYS Department of State Form DOS-1614-f) (law) | 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. |
| North Carolina | Mandatory form | Residential Property and Owners' Association Disclosure Statement (REC 4.22) (law) | 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. |
| North Dakota | Disclose or disclaim | North Dakota Real Estate Commission Seller's Property Disclosure Form (law) | 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. |
| Ohio | Mandatory form | Ohio Residential Property Disclosure Form (prescribed by the Dept. of Commerce, Div. of Real Estate & Professional Licensing) (law) | 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. |
| Oklahoma | Disclose or disclaim | Residential Property Condition Disclosure Statement (Appendix A) / Residential Property Condition Disclaimer Statement (Appendix B) (law) | 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. |
| Oregon | Mandatory form | Seller's Property Disclosure Statement (statutory form in ORS 105.464; standardized as OREF-020) (law) | 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. |
| Pennsylvania | Mandatory form | Seller's Property Disclosure Statement (State Real Estate Commission form, per 49 Pa. Code 35.335a) (law) | 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). |
| Rhode Island | Mandatory form | Rhode Island Real Estate Sales Disclosure Form (Commission-approved; standardized as RI Realtors form R-106) (law) | 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. |
| South Carolina | Mandatory form | South Carolina Residential Property Condition Disclosure Statement (SC Real Estate Commission / LLR) (law) | 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. |
| South Dakota | Mandatory form | Seller's Property Condition Disclosure Statement (law) | The statutory form requires disclosing known production OR use of methamphetamines on the property (added 2020), a hazardous-condition disclosure unusual to South Dakota. |
| Tennessee | Disclose or disclaim | Tennessee Residential Property Condition Disclosure (TN Realtors form RF201; statutory model form in Tenn. Code Ann. sec. 66-5-210) (law) | 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. |
| Texas | Mandatory form | Seller's Disclosure Notice (TREC Form OP-H) (law) | 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. |
| Utah | Buyer beware | Seller's Property Condition Disclosure (Utah Association of Realtors standard form) (law) | 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. |
| Vermont | Buyer beware | No mandatory statutory form (Vermont Realtors 'Seller's Property Information Report' commonly used voluntarily) (law) | 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. |
| Virginia | Buyer beware | Residential Property Disclosure Statement (Virginia Real Estate Board / DPOR) (law) | 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. |
| Washington | Mandatory form | Real Property Transfer Disclosure Statement ('Form 17') (law) | 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. |
| West Virginia | Buyer beware | No mandatory statutory form (law) | 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. |
| Wisconsin | Mandatory form | Real Estate Condition Report (statutory form in Wis. Stat. sec. 709.03) (law) | 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). |
| Wyoming | Buyer beware | No mandatory statutory form (law) | 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. |