Seller disclosure requirements in Utah: what sellers must tell

Is a disclosure form required by law?

In the parts of the Utah Code I read (Title 57, chapter 1, and Title 61, chapter 2f), I found no section that orders every seller to complete a condition checklist. The duty comes from the contract.

The REPC states at the top: “Utah law requires real estate licensees to use this form. Buyer and Seller, however, may agree to alter or delete its provisions or to use a different form.” Under the standard form:

• Section 7(a): no later than the Seller Disclosure Deadline the seller gives the buyer “a written Seller property condition disclosure for the Property, completed, signed and dated by Seller.” The deadline is a date the parties fill in; the form sets no fixed number of days.
• Section 10.3(a): the seller agrees to “disclose in writing to Buyer defects in the Property known to Seller that materially affect the value of the Property that cannot be discovered by a reasonable inspection by an ordinary prudent Buyer.”
• Section 10.3(b): the seller agrees to “carefully review, complete, and provide” the condition disclosure. Section 10.3 survives closing.

Both the disclosure duty and its deadline are therefore terms of a signed contract. If you sell without a licensee and use your own contract, read what it says. See the real estate attorney page for who may draft it.

What the seller hands over

Section 7 lists the documents that make up the “Seller Disclosures”:

What the buyer does with it

The disclosures feed the buyer’s due diligence. If the contract box says the sale is conditioned on due diligence, the buyer reviews the Seller Disclosures and may test the roof, foundation, plumbing, environmental conditions and more. Under Section 8.1(b), the buyer may cancel or resolve objections in writing “no later than the Due Diligence Deadline,” and on cancellation the earnest money goes back to the buyer. A buyer who does neither is “deemed to have waived” the condition, and the deposit becomes non-refundable (Section 8.1(c)). Read more about earnest money and the home inspection.

Statutory disclosure: public infrastructure districts

One new statute does require a disclosure. For a sale of residential property inside a public infrastructure district, “a seller or the seller’s representative shall ensure that the expected annual cost of the public infrastructure district’s final tax rate, as shown on the last equalized assessment rolls, is included in a disclosure document at or before closing” (Utah Code § 57-1-49, effective May 6, 2026). Check the district’s assessment on your property tax records.

Exemptions and what a seller need not say

• Stigmatized property. Utah Code § 57-1-37 says that a seller’s failure to disclose that a property “is stigmatized is not a material fact that must be disclosed,” and that neither an owner nor the owner’s agent “is liable for failing to disclose that the property is stigmatized.” The statute text I read does not list what counts as stigmatized.
• Foreclosure sales and the lead rule. The federal lead disclosure rule does not apply to “sales of target housing at foreclosure” (40 CFR 745.101(a)). See foreclosure in Utah.

I found no Utah statute that exempts a class of sellers (for example, estates or banks) from the REPC’s terms. An exemption would appear in the contract the parties sign.

Federal lead-based paint rule (homes built before 1978)

Before the buyer is bound, the seller must (40 CFR 745.107 and 745.110; EPA):

1. Give the buyer the EPA pamphlet Protect Your Family From Lead In Your Home.
2. Disclose known lead-based paint and lead hazards, and give the buyer any available records or reports.
3. Allow a 10-day period for a paint inspection or risk assessment, unless the parties agree in writing to another period. The buyer may waive it in writing.
4. Attach a signed lead warning statement and acknowledgment to the contract. Seller and agent keep it for three years after the sale (40 CFR 745.113).

The seller does not have to test for lead. EPA says sellers who fail to provide proper information “may be subject to penalties,” but its page gives no amounts.

Check what the seller may not know

A disclosure covers what the seller knows. Buyers can also look up a public record: local health departments keep a contamination list of properties reported and found contaminated, including by methamphetamine (Utah Code § 19-6-902(4)). Ask your title company and inspector what they check. Disputes over a false or missing disclosure are contract disputes; the REPC has a mediation clause (Section 15), and a lawyer can advise on remedies.