In short
6 states have no general disclosure form (buyer beware): Alabama, Arkansas, Georgia, Kansas, West Virginia and Wyoming. 9 states impose only limited seller disclosures: Arizona, Colorado, Florida, Massachusetts, Missouri, New Hampshire, New Mexico, Utah and Vermont. 35 states require a seller disclosure form.
The table
| State | Disclosure | Form | If missing or false |
|---|---|---|---|
| Alabama | No (buyer beware) | — | No statutory cancellation period. Fraud claim for willful or reckless misrepresentation of a material fact (6-5-101); Real Estate Commission Recovery Fund for violations by a licensee (34-27-31). |
| Alaska | Required form | Residential Real Property Transfer Disclosure Statement, form 08-4229 (Rev. 05/2024) | If the statement is delivered after the offer, buyer may withdraw within 3 days of delivery (6 days if mailed). A transfer is not invalidated by non-compliance. Negligent violation: actual damages. Willful violation: up to 3 times actual damages (AS 34.70.090), plus costs and attorney fees. |
| Arizona | Limited | — | Only where a statute says so: for 5 or fewer unincorporated parcels, buyer may rescind within 5 days after receiving the affidavit (33-422). No general statutory penalty found; agent may face license discipline (32-2153). |
| Arkansas | No (buyer beware) | — | No statutory remedy found for owner silence. Untrue statements in a signed form or in answer to a direct question may be actionable under contract and general misrepresentation law. |
| California | Required form | Real Estate Transfer Disclosure Statement (TDS); Natural Hazard Disclosure Statement (NHD) | Buyer may terminate in writing within 3 days of in-person delivery or 5 days of mailing or electronic delivery (1102.3, 1103.3). Seller who willfully or negligently fails to disclose is liable for actual damages (1102.13, 1103.13). Smoke alarm and carbon monoxide violations: actual damages up to $100 plus costs and fees. |
| Colorado | Limited | Colorado Real Estate Commission approved seller's property disclosure (referred to by several statutes) | Remedies are set item by item: special taxing district notice, buyer may claim all damages plus costs (38-35.7-101); HOA notice, actual damages plus costs (38-35.7-102); meth lab known and undisclosed, seller liable for remediation, health injuries and attorney fees, suit within 3 years after closing (38-35.7-103). |
| Connecticut | Required form | Residential Condition Report | $500 credit at closing if the report is not furnished (20-327c(a)). Buyer may also sue for actual damages for a defect within the seller's actual knowledge that significantly impairs value, health or safety, or useful life (20-327c). |
| Delaware | Required form | Seller's Disclosure of Real Property Condition Report (effective August 1, 2026); Radon Disclosure form | — |
| Florida | Limited | — | Missing HOA summary: buyer may cancel within 3 days of receiving it or before closing (720.401). Condo documents delivered late: buyer may cancel within 7 days. Hidden material defects: buyer may sue under the duty set by case law. |
| Georgia | No (buyer beware) | — | Buyer who proves fraud may affirm the contract and sue for damages, or promptly rescind and sue in tort. Reliance is hard to prove if inspection or the form flagged the problem. |
| Hawaii | Required form | — | — |
| Idaho | Required form | Property Condition Disclosure form (Idaho Code 55-2508) | If the form arrives after the purchase agreement is signed, buyer may rescind in writing within 3 business days of receipt, with deposit returned (55-2515). A transfer is not invalidated by non-compliance; a willful or negligent violation makes the seller liable for actual damages (55-2517). |
| Illinois | Required form | Residential Real Property Disclosure Report (form set in 765 ILCS 77/35); Disclosure of Information on Radon Hazards | Report with a material defect delivered after signing: cancel within 5 business days of receipt, earnest money returned (77/40). No report before conveyance: right to terminate (77/55). Knowing violation: actual damages and court costs, possibly attorney fees; suit within one year (77/55, 77/60). |
| Indiana | Required form | Real Estate Seller's Disclosure Form (State Form 46234) | If a form or amended form disclosing a defect arrives after the offer is accepted, buyer may cancel within two business days by written rescission and get deposits back (32-21-5-13). Failure to deliver the form does not by itself invalidate a completed sale. |
| Iowa | Required form | Residential Property Seller Disclosure Statement (Real Estate Commission sample form) | Late statement: buyer may withdraw the offer or revoke acceptance without liability within 3 days of personal delivery or 5 days of mail or electronic delivery. Violator is liable for actual damages (558A.6). A transfer is not invalidated solely for non-compliance (558A.8). |
| Kansas | No (buyer beware) | — | No penalty for a silent seller found in the statutes reviewed. Court decisions on hidden-defect claims were not read. |
| Kentucky | Required form | KREC Form 402, Seller's Disclosure of Property Condition (12/2022) | No set penalty or cancellation right found in KRS 324.360 or 201 KAR 11:121. A seller may refuse to complete the form, and the agent must then tell the buyer in writing. The form warns that undisclosed methamphetamine contamination left undecontaminated is a Class D felony. |
| Louisiana | Required form | Property Disclosure Document (Louisiana Real Estate Commission, 2026 form) | If delivered after the offer, buyer may cancel the contract or withdraw the offer within 72 hours of receipt (weekends and holidays excluded), deposit promptly returned; right expires at transfer of title or occupancy (9:3198(B)(3)). Separately, redhibition under Civil Code art. 2520, 2545: a seller who knew of an undeclared defect owes the price back with interest, expenses, damages and reasonable attorney fees. |
| Maine | Required form | — | Form delivered after the offer: buyer may end the contract or withdraw within 72 hours of receiving it, deposit promptly returned; right lapses at settlement or occupancy (174). A transfer is not invalidated solely for non-compliance; common-law fraud duties remain (178). |
| Maryland | Required form | Maryland Residential Property Disclosure and Disclaimer Statement | If not received by the contract date, buyer may rescind before receiving it or within 5 days after receiving it, with immediate refund of deposits (10-702(h)). Right ends at closing or occupancy, or at mortgage application if the lender gave written notice. The text lists no fines. |
| Massachusetts | Limited | State lead notification form (Massachusetts lead program) | Failure to give the lead notice: liability for all damages caused plus a civil penalty of up to $1,000, and a c. 93A unfair or deceptive practice claim. False statements about the house can support a c. 93A claim even without a form. Federal rule gives a 10-day lead inspection window. |
| Michigan | Required form | Statutory seller disclosure statement (form written into MCL 565.957) | If delivered after a binding agreement, buyer may terminate within 72 hours (in person) or 120 hours (registered mail); right ends at transfer of title (565.954). A sale is not invalidated solely for non-compliance (565.964). Fraud and misrepresentation remedies remain (565.961). |
| Minnesota | Required form | — | Seller who knew and failed to disclose is liable for damages and equitable relief; suit within two years after closing (513.57). No automatic right to cancel; a court may order rescission (513.59). Hidden private sewage system: cost of compliance plus attorney fees (115.55). |
| Mississippi | Required form | Property Condition Disclosure Statement (Mississippi Real Estate Commission form) | If the statement or a material amendment arrives after the offer, buyer may terminate by written notice within 3 days of in-person delivery or 5 days of mailing (89-1-503(1)). If a statement is not delivered or left blank, the buyer is presumed to be on notice to inquire (89-1-503(2)). A transfer is not invalidated solely for non-compliance. |
| Missouri | Limited | — | No single statutory remedy set in the sections read. Possible claims under the Merchandising Practices Act (RSMo 407.020, 407.025) if the sale falls within it, under the specific meth and landfill statutes, and under the contract. |
| Montana | Required form | — | If delivered after the contract, buyer may rescind within 3 days of delivery by separately signed written statement; the buyer can waive this in the offer (70-20-504). No penalty for an incomplete form found in the sections read. |
| Nebraska | Required form | Seller Property Condition Disclosure Statement (Nebraska Real Estate Commission, October 2026 form) | Buyer may sue the seller for actual damages, court costs and reasonable attorney's fees within one year after possession or conveyance, whichever is first (76-2,120(12)). The statute gives no right to cancel; a transfer is not invalidated solely for non-compliance. |
| Nevada | Required form | Seller's Real Property Disclosure Form 547 | No form served: rescind without penalty before conveyance (113.150(1)). Defect revealed: rescind before conveyance by notarized writing served within 4 working days, or accept it (113.150(2)-(3)). Known defect undisclosed at closing: treble the repair cost plus costs and attorney fees; suit within 1 year of discovery or 2 years after conveyance, whichever is later (113.150(4)). |
| New Hampshire | Limited | — | RSA 477:4-a states it creates no liability for failing to give the notice and does not affect title. The other sections read state no penalty; a misrepresentation claim is a question for an attorney. |
| New Jersey | Required form | Seller's Property Condition Disclosure Statement, including the Flood Risk Addendum (questions 109-117) | — |
| New Mexico | Limited | — | No remedy set in the sections read for the tax estimate. Failure to disclose a death, felony, or occupant HIV or AIDS creates no lawsuit and is not grounds to rescind (47-13-3). |
| New York | Required form | Property Condition Disclosure Statement, form DOS-1614-f (Rev. 02/25) | Seller is liable only for a willful failure to comply, for the buyer's actual damages; other remedies stay available (465). The form warns a knowingly false or incomplete statement may expose the seller to claims. |
| North Carolina | Required form | Residential Property and Owners' Association Disclosure Statement (REC 4.22, rev. 7/26); Mineral and Oil and Gas Rights Mandatory Disclosure Statement (REC 4.25) | If the statement is not given by the time of the offer, buyer can, under certain conditions, cancel the contract. For the mineral form, written notice within 3 calendar days of receiving it or of the contract date, whichever is first; no cancellation after settlement or occupancy. Failure to disclose latent defects may result in civil liability. |
| North Dakota | Required form | Seller's Property Condition Disclosure, SFN 62358 (07/2025) | The disclosure section lists no buyer remedy; a licensee violation can bring Real Estate Commission discipline (47-10-02.1(5)). The radon section creates no right to cancel unless the contract says so. |
| Ohio | Required form | Residential Property Disclosure Form (Ohio Department of Commerce, June 2022) | If the form or an amendment arrives after the contract is signed, buyer may rescind in writing within 3 business days of receipt, and no later than the earlier of 30 days after the offer was accepted or closing; deposit returned (5302.30(K)). No form delivered after a contract exists: same 30-day or closing limit. Otherwise only common-law fraud (Ashmus v. Coughlin, 2025). |
| Oklahoma | Required form | Property Condition Disclosure Statement (OREC Appendix A) or Property Condition Disclaimer Statement (Appendix B) | Actual damages, including repair cost, for a defect that existed at acceptance, no punitive damages; suit within 2 years after transfer; prevailing party gets costs and attorney fees (837). A transfer is not undone for non-compliance. No right to cancel after receiving the form in 831-839. |
| Oregon | Required form | Sellers Property Disclosure Statement (form printed in ORS 105.464) | Buyer may revoke within five business days of delivery by separate signed writing; if the seller fails or refuses to provide the form, buyer may revoke until closing; deposits returned immediately (ORS 105.475). Right ends at closing. Fraud, negligence and equitable remedies remain (ORS 105.490). |
| Pennsylvania | Required form | Seller's Property Disclosure Statement (State Real Estate Commission) | Actual damages for willful or negligent violation; suit within 2 years after final settlement (7311). A sale is not invalidated for non-compliance. No claim for disclosed defects or defects arising after the agreement or settlement (7314). |
| Rhode Island | Required form | Real Estate Commission standard disclosure form for one- to four-unit homes (separate form for vacant land) | Civil penalty up to $1,000 per violation by seller or agent (5-20.8-5). The agent may not communicate the offer until the buyer signs a receipt. Separate 10-day buyer inspection rights allow voiding the agreement: general inspection (5-20.8-4), lead risk assessment, private well testing, and cesspool inspection (5-20.8-11 to 13). |
| South Carolina | Required form | Residential Property Condition Disclosure Statement (SC Real Estate Commission, updated 6/2025) | No form does not void the agreement, create a title defect or justify delaying closing (27-50-50(B)). Knowing false, incomplete or misleading disclosure: actual damages and court costs, possibly attorney fees (27-50-65). Owner must promptly correct a material inaccuracy or repair before closing (27-50-60). |
| South Dakota | Required form | Property Condition Disclosure Statement (form set out in SDCL 43-4-44) | Buyer may terminate by written notice within 3 days if the form or an amendment is delivered in person after an offer, 6 days if mailed (43-4-39). Intentional or negligent violation: actual damages and repairs, plus possible costs and attorney fees (43-4-42). A sale is not undone only for non-compliance. |
| Tennessee | Required form | Residential Property Disclosure form prescribed in Tenn. Code Ann. 66-5-210 | — |
| Texas | Required form | Seller's Disclosure Notice (statutory form; TREC No. 55-1 is the commonly used version) | If the notice is not delivered by the contract's effective date, buyer may terminate the contract for any reason within 7 days after receiving it (5.008(f)). |
| Utah | Limited | Seller property condition disclosure under Real Estate Purchase Contract Section 7(a) | The duty is contractual. Buyer with a due diligence condition may cancel or resolve objections in writing by the Due Diligence Deadline and get the earnest money back (Section 8.1). The REPC has a mediation clause. |
| Vermont | Limited | — | Flood information missed: buyer may end the contract before title transfers or occupancy, sue for damages and attorney's fees, and seek punitive damages if knowing (380). Well-water materials: civil penalty of $25 to $250 (616). Act 250 statement missed: buyer may treat the agreement as unenforceable (6007). |
| Virginia | Required form | Residential Property Disclosure Statement (Virginia Real Estate Board, effective July 1, 2026) | Late disclosure: buyer may terminate without penalty and get the deposit back, by notice within 3 days of in-person or electronic delivery or 5 days of mailing, and before settlement, occupancy or a mortgage application with the warning (55.1-709). Buyer may sue for actual damages within one year (55.1-713). Intentional misrepresentation claims remain. |
| Washington | Required form | Seller Disclosure Statement for improved residential real property (form printed in RCW 64.06.020) | Buyer may rescind in writing within 3 business days of receiving the statement or an amendment and gets all deposits back; if the form is never delivered, the right runs until 3 business days after receipt or closing (64.06.030, 64.06.040). No new remedy beyond rescission; common-law and contract rights remain (64.06.070). |
| West Virginia | No (buyer beware) | — | Buyer can sue the seller for the harm from concealed defects, and an as-is clause does not erase the duty. A licensee who joins in fraud or concealment can face license discipline (30-40-19); complaints generally within two years (30-40-20). |
| Wisconsin | Required form | Real Estate Condition Report (form printed in Wis. Stat. 709.03) | No report within 10 days: rescind within 2 business days after the 10 days end, deposits returned (709.02). Incomplete report or one received after the offer that discloses a defect: rescind in writing within 2 business days of receipt (709.05). Rescission is the only remedy under the chapter. |
| Wyoming | No (buyer beware) | — | For houses, no statutory remedy found; consult an attorney about general misrepresentation rules. For vacant land, actual damages for willful or negligent failure (34-1-151(c)). Real Estate Commission can discipline a licensee. |
“—” means the state article does not state it. Download the data: seller-disclosure.json (CC BY 4.0, cite Payotte with a link).
State by state, in one sentence
- Alabama
- Alabama does not require a home seller to deliver a disclosure form in the statutes reviewed. The written duty falls on licensed agents, who must disclose known latent structural defects (Code of Alabama 34-27-36), with fines of $100 to $5,000; fraud statutes apply to all sellers.
- Alaska
- An Alaska seller must deliver a completed written disclosure statement (form 08-4229) before the buyer makes a written offer (AS 34.70.010). If it arrives after the offer, the buyer may withdraw within 3 days, or 6 days if mailed.
- Arizona
- Arizona has no statewide seller disclosure form in the statutes reviewed. A.R.S. 32-2156 bars lawsuits over failure to disclose a death, felony, HIV or AIDS exposure, or a nearby sex offender; specific disclosures apply only in certain cases such as HOA documents and rural parcels.
- Arkansas
- Arkansas has no disclosure statute for individual owner-sellers, according to the Arkansas Real Estate Commission, so no state law requires a seller to deliver a condition report. Licensed agents must disclose material facts they know or should know (Ark. Code 17-42-316).
- California
- A California seller must deliver a Real Estate Transfer Disclosure Statement (Civil Code 1102.6) and a Natural Hazard Disclosure Statement (1103.2). If either arrives after the offer, the buyer may cancel within 3 days of in-person delivery or 5 days if mailed or sent electronically.
- Colorado
- Colorado has no single statute requiring every seller to complete one condition form. C.R.S. Title 38, Article 35.7 requires specific disclosures, including special taxing districts, elevated radon, water source, and past methamphetamine use.
- Connecticut
- A Connecticut seller of a one- to four-unit home must give the buyer a written residential condition report before the buyer signs a binder or contract (Conn. Gen. Stat. 20-327b). If the seller does not, the buyer gets a $500 credit at closing.
- Delaware
- A Delaware seller of a one- to four-family home must disclose all known material defects in writing before signing the listing agreement (6 Del. C. 2572). The seller must give the buyer the Real Estate Commission's condition report before the buyer makes an offer, plus a separate radon disclosure.
- Florida
- Florida has no statewide seller condition form, but a 1985 Florida Supreme Court ruling (Johnson v. Davis) requires sellers to disclose known, hidden facts that materially affect value. Statutes add written notices, including a flood disclosure under 689.302 required since October 1, 2024.
- Georgia
- Georgia has no mandatory state seller-disclosure form in the statutes reviewed; caveat emptor is the general rule for used homes. A seller who knows of a serious hidden defect and stays silent can be sued for fraud.
- Hawaii
- Hawaii has a mandatory seller-disclosure law, chapter 508D of the Hawaii Revised Statutes. The sources reviewed do not state its deadlines, form contents or buyer remedies.
- Idaho
- An Idaho seller of a home with one to four dwelling units must complete the statutory disclosure form and deliver it within 10 days after accepting the buyer's offer (Idaho Code 55-2504, 55-2509). The buyer may rescind within 3 business days of receiving it.
- Illinois
- An Illinois seller of one to four units, a condo or a co-op must complete the 24-item disclosure report and deliver it before the contract is signed (765 ILCS 77). If it arrives after signing, the buyer may cancel within 5 business days and get the earnest money back.
- Indiana
- An Indiana owner of a one-to-four-unit home must complete and sign the state disclosure form and give it to the buyer before an offer is accepted (IC 32-21-5-10). If a defect is disclosed only after acceptance, the buyer has two business days to cancel in writing.
- Iowa
- An Iowa seller of a home with one to four units must give the buyer a written disclosure statement before making or accepting a written offer (Iowa Code 558A.2). If it is late, the buyer may withdraw within 3 days of personal delivery or 5 days of mail or electronic delivery.
- Kansas
- No Kansas statute in the sources reviewed prescribes a seller disclosure form. Licensed agents must disclose adverse material facts they actually know (K.S.A. 58-30,106(d)(1)), and every residential sales contract must carry a radon notice (K.S.A. 58-3078a).
- Kentucky
- Kentucky requires a written seller's disclosure on single-family homes when a licensed agent is paid in the sale (KRS 324.360). The seller completes KREC Form 402, and the listing agent must give the buyer a copy within 72 hours of receiving a signed offer.
- Louisiana
- A Louisiana seller of residential property with one to four dwelling units must complete a property disclosure document and deliver it no later than the time the buyer makes an offer (R.S. 9:3198). If it arrives after the offer, the buyer may cancel within 72 hours with the deposit returned.
- Maine
- A Maine seller of a home with one to four residential units must give the buyer a written property disclosure statement no later than the offer (33 M.R.S. 173, 174). If it arrives after the offer, the buyer has 72 hours to withdraw without penalty.
- Maryland
- A Maryland seller of a home with four or fewer units must give the buyer either a disclosure statement or an as-is disclaimer statement, on the Real Estate Commission's form, on or before the contract (Real Property 10-702). A buyer who gets it late may rescind within 5 days after receiving it.
- Massachusetts
- Massachusetts does not require a general property condition form. A seller must give the buyer the state lead notice before the purchase and sale agreement is signed (M.G.L. c. 111, 197A), with a penalty of up to $1,000 for failing to do so.
- Michigan
- A Michigan seller of 1 to 4 residential units must give the buyer a signed disclosure form before the buyer signs a binding purchase agreement (Seller Disclosure Act, MCL 565.954). If it arrives later, the buyer may cancel within 72 hours in person or 120 hours by registered mail.
- Minnesota
- A Minnesota seller of residential property must give the buyer a written disclosure of all material facts the seller knows before signing the sale agreement (Minn. Stat. 513.55). A buyer harmed by a missed disclosure has two years after closing to sue.
- Mississippi
- A Mississippi seller of a home with one to four dwelling units must give the buyer a Property Condition Disclosure Statement when a licensed broker or salesperson is involved (Miss. Code 89-1-501 to 89-1-523). If it arrives after the offer, the buyer has 3 days after in-person delivery or 5 days after mailing to terminate.
- Missouri
- No Missouri statute reviewed requires a seller to deliver a general property-condition form. Specific duties apply to methamphetamine production (RSMo 442.606) and landfills on the property (RSMo 260.213), and concealing a material fact can still create liability.
- Montana
- A Montana seller of a one- to four-unit home must give the buyer a written statement of any adverse material facts the seller actually knows, before or at the same time as the contract is signed (MCA 70-20-502). If it arrives later, the buyer has 3 days to rescind.
- Nebraska
- A Nebraska seller of residential property with one to four dwelling units must give the buyer a written, signed condition statement on or before the effective date of the purchase contract (Neb. Rev. Stat. 76-2,120). A buyer who is not given one may sue for actual damages, costs and attorney's fees within one year.
- Nevada
- A Nevada seller of a one- to four-unit home must complete the state disclosure form (Form 547) and give it to the buyer at least 10 days before the property is conveyed (NRS 113.130). A buyer who never receives it may cancel without penalty before closing.
- New Hampshire
- New Hampshire has no single condition-disclosure statute; RSA chapter 477 requires specific written notices instead. Before a purchase contract is signed, the seller or agent must give a notice on radon, arsenic, lead, PFAS and flood (RSA 477:4-a), and for 1-to-4-family homes the seller adds written facts on water, septic, insulation, flood zone and oil tanks (RSA 477:4-d).
- New Jersey
- New Jersey sellers of residential real property must complete the state Property Condition Disclosure Statement, questions 1 through 108, under P.L. 2024, c.32, effective August 1, 2024. All sellers of real property must also answer the flood questions, 109 through 117; both are due before the buyer becomes obligated under a contract.
- New Mexico
- New Mexico statutes reviewed do not require a seller to complete a property condition form. A seller or the seller's broker must give buyers the county assessor's estimated property tax before accepting an offer (NMSA 47-13-4), and licensed brokers must disclose in writing adverse material facts they actually know (16.61.19.8 NMAC).
- New York
- A New York seller of a one-to-four family home must deliver a signed Department of State Property Condition Disclosure Statement before the buyer signs a binding contract (Real Property Law 462). Since March 20, 2024, the old $500 credit that let sellers skip the form is gone.
- North Carolina
- North Carolina law (G.S. 47E) requires owners of most residential property to complete a disclosure statement and give it to the buyer before any offer to purchase. Sellers may answer No Representation to most questions.
- North Dakota
- A North Dakota seller of a home with no more than four units must give the buyer a written disclosure of material facts before final acceptance of the purchase agreement (N.D.C.C. 47-10-02.1). Since August 1, 2025, a separate radon disclosure is also required.
- Ohio
- An Ohio seller of a one- to four-unit home must complete the Ohio Department of Commerce Residential Property Disclosure Form and deliver it to the buyer (R.C. 5302.30). If the buyer first gets the form after signing the contract, the buyer has 3 business days to rescind in writing.
- Oklahoma
- An Oklahoma seller of a one- or two-unit home must give the buyer either a disclosure statement or a disclaimer statement on an Oklahoma Real Estate Commission form, before accepting an offer (60 O.S. 833, 834). A buyer harmed by a missing or false disclosure can sue for actual damages within 2 years of the transfer.
- Oregon
- An Oregon seller of a one-to-four-unit home, condo or similar residence must complete, sign and deliver the statutory disclosure form to every buyer who makes a written offer (ORS 105.465). The buyer then has five business days from delivery to revoke the offer.
- Pennsylvania
- A Pennsylvania seller must give the buyer a signed, dated property disclosure statement before both sides sign the agreement of transfer (68 Pa.C.S. 7303). A buyer who proves a willful or negligent violation can recover actual damages if suing within 2 years after final settlement.
- Rhode Island
- A Rhode Island seller must give the buyer a written disclosure of all known deficient conditions before any agreement to transfer is signed (R.I. Gen. Laws 5-20.8-2). A violation does not void the sale but carries a civil penalty of up to $1,000 per violation by a seller or agent.
- South Carolina
- South Carolina law requires most sellers of one- to four-unit homes to give the buyer the Real Estate Commission's disclosure form before the contract is signed (S.C. Code 27-50-50). A missing form does not void the sale, and a seller who knowingly gives false or incomplete answers owes the buyer actual damages and court costs.
- South Dakota
- A South Dakota seller of a home with up to four units must give the buyer a completed Property Condition Disclosure Statement before the buyer makes a written offer (SDCL 43-4-38). If it is delivered late, the buyer may terminate within 3 days of in-person delivery or 6 days if mailed.
- Tennessee
- Tennessee's Residential Property Disclosure Act (Tenn. Code Ann. 66-5-201 and following) covers one- to four-unit homes and prescribes a disclosure form in 66-5-210. The article does not summarize the sections on alternatives to the form, exemptions, or buyer remedies.
- Texas
- A Texas seller of a home with no more than one dwelling unit must give the buyer a signed condition notice, including flood history and floodplain status, on or before the effective date of the contract (Tex. Prop. Code 5.008). A buyer who signs without it may terminate for any reason within 7 days of receiving it.
- Utah
- Utah has no general statute requiring a seller to complete a property condition form. The state-approved Real Estate Purchase Contract that licensees must use requires a signed written seller disclosure by the Seller Disclosure Deadline and disclosure of known defects that materially affect value and cannot be found by a reasonable inspection.
- Vermont
- Vermont does not require one general property-condition form. Under 27 V.S.A. 380 a seller must give the buyer flood-map and flood-history information before or with the contract, and a seller with a private well must hand over Department of Health water materials within 72 hours of signing (27 V.S.A. 616).
- Virginia
- Under the Virginia Residential Property Disclosure Act, a seller of a home with one to four units must give the buyer the Real Estate Board's disclosure statement before the contract is ratified (Va. Code 55.1-703). If it arrives after, the buyer's sole remedy is to terminate within 3 days of hand or electronic delivery.
- Washington
- A Washington seller of a home with one to four units must give the buyer a signed seller disclosure statement within 5 business days after mutual acceptance (RCW 64.06.020, 64.06.030). The buyer then has 3 business days to approve it or rescind.
- West Virginia
- No West Virginia statute or Real Estate Commission rule reviewed requires a seller to fill out a standard property condition form. Court rulings require a seller who knows of defects that substantially affect value or habitability to disclose them if a reasonably diligent inspection would not reveal them.
- Wisconsin
- A Wisconsin owner selling a home of one to four units must give the buyer a completed Real Estate Condition Report within 10 days after the contract is accepted (Wis. Stat. 709.02). If it is late, the buyer may rescind within 2 business days after the 10 days end and get deposits back.
- Wyoming
- Wyoming has no statute that makes a private home seller fill out a condition form. The one property disclosure statute, W.S. 34-1-151, covers vacant land. A licensed agent who knows an adverse material fact must tell a buyer (W.S. 33-28-303(c)).
Questions
Which states require a seller disclosure form?
35 states: Alaska, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and Wisconsin.
Which states require only limited seller disclosures?
9 states: Arizona, Colorado, Florida, Massachusetts, Missouri, New Hampshire, New Mexico, Utah and Vermont.
Which states are buyer beware (caveat emptor) states?
6 states: Alabama, Arkansas, Georgia, Kansas, West Virginia and Wyoming.
Other state-by-state tables
Sources
- Alabama: Code of Alabama § 34-27-36, Disciplinary action (Alabama Legislature)
- Alaska: Alaska Statutes, Chapter 34.70, Residential Real Property Transfer Disclosures (AS 34.70.010-34.70.200) (Alaska Legislature)
- Arizona: A.R.S. § 32-2156, Real estate sales and leases; disclosure (Arizona Legislature)
- Arkansas: Is property condition disclosure required by law? (Arkansas Real Estate Commission)
- California: California Civil Code §§ 1102, 1102.1, 1102.2, 1102.3 (Transfer Disclosure Statement) (California Legislative Information)
- Colorado: Colorado Revised Statutes 2024, Title 38, Article 35.7, Disclosures in connection with conveyances of residential real property, §§ 38-35.7-101 to 38-35.7-112 (Colorado General Assembly)
- Connecticut: Conn. Gen. Stat. §§ 20-327b to 20-327g, Residential condition reports (Connecticut General Assembly)
- Delaware: Delaware Code Title 6, Chapter 25, Subchapter VII, Buyer Property Protection Act, §§ 2570-2578 (Delaware General Assembly)
- Florida: Laws of Florida, Chapter 2025-166 (CS/CS/SB 948), effective October 1, 2025 (Florida Department of State)
- Georgia: Atlanta Partners Realty v. Wohlgemuth and Dennis v. Wohlgemuth, Nos. A22A0634 and A22A0635 (Court of Appeals of Georgia, Sept. 20, 2022)
- Hawaii: Hawaii Revised Statutes chapter 508D, Mandatory Seller Disclosures in Real Estate Transactions (listed by the Hawaii Real Estate Commission)
- Idaho: Idaho Code, Title 55, Chapter 25, Property Condition Disclosure Act, §§ 55-2501 to 55-2518 (Idaho Legislature)
- Illinois: Residential Real Property Disclosure Act, 765 ILCS 77 (Illinois General Assembly)
- Indiana: Indiana Code 32-21-5, Residential Real Estate Sales Disclosure, 2026 edition (Indiana General Assembly)
- Iowa: Iowa Code, Chapter 558A, Real Estate Disclosures (Iowa Legislature, Iowa Code 2026)
- Kansas: K.S.A. 58-30,106, Minimum requirements of seller's or landlord's agent (Kansas Office of Revisor of Statutes)
- Kentucky: KRS 324.360, Form for seller's disclosure of conditions (Kentucky Legislature)
- Louisiana: Louisiana R.S. 9:3198, duties of the seller (Louisiana Legislature)
- Maine: Maine Revised Statutes, Title 33, § 173, required disclosures (Maine Legislature)
- Maryland: Maryland Code, Real Property § 10-702 (Maryland General Assembly)
- Massachusetts: M.G.L. c. 111, § 197A, Notice to prospective purchasers of lead hazards (Massachusetts Legislature)
- Michigan: MCL 565.954, Delivery and time limits (Michigan Legislature)
- Minnesota: Minnesota Statutes sections 513.52 to 513.60, seller disclosure (Office of the Revisor of Statutes)
- Mississippi: Mississippi Code §§ 89-1-501 to 89-1-523, as amended: Senate Bill 3029 (1997), scope, exclusions and disclosure form (Mississippi Legislature)
- Missouri: RSMo § 442.606, Methamphetamine production, seller to disclose (Missouri Revisor of Statutes)
- Montana: Montana Code Annotated, Title 70, Chapter 20, Part 5, Residential Real Property Disclosure Requirements, §§ 70-20-501 to 70-20-505 (Montana Legislature)
- Nebraska: Nebraska Revised Statute 76-2,120, seller property condition disclosure (Nebraska Legislature)
- Nevada: Seller's Real Property Disclosure Form 547, reprinting NRS 113.100 to 113.150, revised 6/1/2023 (Nevada Real Estate Division)
- New Hampshire: RSA 477:4-a, Notification Required; Radon, Arsenic, Lead, PFAS and Flood (New Hampshire General Court)
- New Jersey: Instructions, Seller's Property Condition Disclosure Statement (NJ Division of Consumer Affairs, August 2024)
- New Mexico: NMSA 1978, Chapter 47, Article 13, Real Estate Disclosure Act (§§ 47-13-1 to 47-13-5) (NMOneSource)
- New York: Real Property Law, Article 14, Sections 460-467, Property Condition Disclosure (New York State Senate)
- North Carolina: Residential Property and Owners' Association Disclosure Statement, REC 4.22, rev. 7/26 (North Carolina Real Estate Commission)
- North Dakota: North Dakota Century Code § 47-10-02.1, Property disclosure (North Dakota Legislative Assembly)
- Ohio: Ohio Revised Code § 5302.30, Property disclosure form required for all residential real property transfers (Ohio Legislature)
- Oklahoma: 60 O.S. § 833, Property Disclaimer or Disclosure Statement (Oklahoma State Courts Network)
- Oregon: ORS 105.462 to 105.490, Sellers property disclosure statement (Oregon Legislature, ORS chapter 105)
- Pennsylvania: Real Estate Seller Disclosure Law, 68 Pa.C.S. Chapter 73 (Pennsylvania General Assembly)
- Rhode Island: R.I. Gen. Laws ch. 5-20.8, Real Estate Sales Disclosures, §§ 5-20.8-1 to 5-20.8-13 (Rhode Island General Assembly)
- South Carolina: South Carolina Code of Laws, Title 27, Chapter 50, Article 1: Residential Property Condition Disclosure Act (South Carolina Legislature)
- South Dakota: South Dakota Codified Laws §§ 43-4-37 to 43-4-44.1, Transfer of property (South Dakota Legislature)
- Tennessee: Public Chapter 727 (1998), Tenn. Code Ann. § 66-5-210, the prescribed disclosure form (Tennessee General Assembly)
- Texas: Texas Property Code, Chapter 5, § 5.008 Seller's Disclosure of Property Condition (Texas Legislature)
- Utah: Real Estate Purchase Contract, Sections 7, 8 and 10.3 (Utah Division of Real Estate)
- Vermont: 27 V.S.A. § 380, Disclosure of information; conveyance of real estate (Vermont General Assembly)
- Virginia: Code of Virginia § 55.1-703, Required disclosures for buyer to beware (Virginia General Assembly)
- Washington: RCW chapter 64.06, Real Estate Transfer Disclosure (Washington State Legislature)
- West Virginia: Logue v. Flanagan, No. 30741, quoting Thacker v. Tyree and Stemple v. Dobson (Supreme Court of Appeals of West Virginia, 2003)
- Wisconsin: Wisconsin Statutes Chapter 709, Disclosures by Owners of Real Estate (Wisconsin Legislature)
- Wyoming: Wyoming Statutes, Title 34, § 34-1-151 Property disclosure statement (Wyoming Legislature, Title 34 compilation)