📝 What You Don’t Know About Disclosures Can Hurt You

Whether you’re buying or selling a home, disclosures play a critical role in protecting both parties and ensuring a transparent transaction. Most states require sellers to share details about the condition of the property — including past repairs, known defects, and potential environmental concerns.

Understanding how disclosures work will help you avoid surprises, misunderstandings, or even legal issues down the line.

🧍‍♂️ For Sellers: Honesty is Protection

As a seller, your agent will provide you with the proper Property Disclosure Forms required in your state (commonly titled Seller’s Disclosure Notice , Condition Report, or Property Condition Statement).

You are expected to:

Disclose known issues, such as leaks, repairs, or environmental hazards (e.g., lead paint, radon)

Share documentation when available (like invoices or receipts for completed repairs)

Answer all questions to the best of your knowledge

💡Tip: If you're unsure whether to include something, it’s better to over-disclose than under-disclose. You can always check the “I Don’t Know” box — but only if that’s genuinely the case.

Keep in mind: Your real estate agent cannot fill out this form for you, but they can help clarify what it’s asking for.

🧍‍♀️ For Buyers: Read Carefully, Then Verify

The seller’s disclosure offers a helpful snapshot of the home's condition — but it’s not a guarantee. Be sure to:

Read the disclosure thoroughly and flag any red flags (e.g., past water damage, structural repairs)

If a seller states something like "leak repaired" — ask for proof and confirm what was done

Use common sense — if one bathroom had a failing shower pan, it’s worth checking others

Don't assume the disclosure covers everything — it only includes what the seller knows or is legally required to share

🛠️Your best defense: Hire a licensed professional home inspector.

A detailed inspection helps you assess current condition, uncover hidden problems, and determine whether the home is a solid investment.

⚠️ Understanding “As-Is” Sales

In some states, a seller can disclaim most disclosures and sell the home “ as is.”

This means:

The seller doesn’t guarantee the property’s condition

The buyer accepts the property with all its flaws

However, even in an as-is sale, sellers are still required to disclose known material defects. And they must complete

federally mandated disclosures , such as confirming the presence or absence of lead-based paint (for homes built before 1978).

Note: Sellers aren't expected to perform tests for things like mold, radon, or lead. But if they have done testing — or if remediation has taken place — they may need to provide supporting documentation.

🔑 Final Thought: Disclosures Build Trust

For sellers, thorough disclosure can help prevent disputes after closing . For buyers, reading disclosures carefully — and verifying with inspections — is key to making a confident purchase.

In real estate, what you don’t disclose (or fail to question) can come back to haunt you.

Clear, documented communication is the best way to keep everyone on the same page — and out of court.

Whether you’re buying or selling a home, disclosures play a critical role in protecting both parties and ensuring a transparent transaction. Most states require sellers to share details about the condition of the property — including past repairs, known defects, and potential environmental concerns.

Understanding how disclosures work will help you avoid surprises, misunderstandings, or even legal issues down the line.

🧍‍♂️ For Sellers: Honesty is Protection

As a seller, your agent will provide you with the proper Property Disclosure Forms required in your state (commonly titled Seller’s Disclosure Notice, Condition Report, or Property Condition Statement).

You are expected to:

Disclose known issues, such as leaks, repairs, or environmental hazards (e.g., lead paint, radon)

Share documentation when available (like invoices or receipts for completed repairs)

Answer all questions to the best of your knowledge

💡Tip: If you're unsure whether to include something, it’s better to over-disclose than under-disclose. You can always check the “I Don’t Know” box — but only if that’s genuinely the case.

Keep in mind: Your real estate agent cannot fill out this form for you, but they can help clarify what it’s asking for.

🧍‍♀️ For Buyers: Read Carefully, Then Verify

The seller’s disclosure offers a helpful snapshot of the home's condition — but it’s not a guarantee.

Be sure to:

Read the disclosure thoroughly and flag any red flags (e.g., past water damage, structural repairs)

If a seller states something like "leak repaired" — ask for proof and confirm what was done

Use common sense — if one bathroom had a failing shower pan, it’s worth checking others

Don't assume the disclosure covers everything — it only includes what the seller knows or is legally required to share

🛠️Your best defense : Hire a licensed professional home inspector.

A detailed inspection helps you assess current condition, uncover hidden problems, and determine whether the home is a solid investment.

⚠️ Understanding “As-Is” Sales

In some states, a seller can disclaim most disclosures and sell the home “

as is .”

This means:

The seller doesn’t guarantee the property’s condition

The buyer accepts the property with all its flaws

However, even in an as-is sale, sellers are still required to disclose known material defects. And they must complete federally mandated disclosures, such as confirming the presence or absence of lead-based paint (for homes built before 1978).

Note: Sellers aren't expected to perform tests for things like mold, radon, or lead. But if they have done testing — or if remediation has taken place — they may need to provide supporting documentation.

🔑 Final Thought: Disclosures Build Trust

For sellers, thorough disclosure can help prevent disputes after closing . For buyers, reading disclosures carefully — and verifying with inspections — is key to making a confident purchase.

In real estate, what you don’t disclose (or fail to question) can come back to haunt you.

Clear, documented communication is the best way to keep everyone on the same page — and out of court.