What must a home seller disclose in Wyoming?

Is a disclosure form required by law?

For a house, the Wyoming Statutes I read (Titles 33 and 34) do not require the seller to deliver a written condition report. The only property disclosure statute, W.S. 34-1-151, is titled “Property disclosure statement,” but it applies to “every seller of vacant land.” The statute defines vacant land as land with no habitable dwelling, outside a platted subdivision, city or town, and under 140 acres (§ 34-1-151(d)).

That gap matters. A buyer cannot assume a form will arrive with the contract, and a seller who skips a form is not breaking a state disclosure statute for a house. It does not mean a seller can lie. Ask a Wyoming attorney how general rules on misrepresentation apply to your sale.

What the vacant-land statute requires

If you are buying or selling a lot or acreage, § 34-1-151(a) requires a written statement that covers:

• whether the property is offered as a unified estate;
• whether the mineral estate was ever severed from the surface in the chain of title;
• availability and location of public utilities;
• who maintains the roads and the level of maintenance;
• water and sewer availability;
• fire protection services;
• known or recorded easements across the land.

Outside any city or town, a seller must also say in writing whether ownership of the wind estate has been severed from the surface, including any wind energy agreement (§ 34-1-151(e)). A buyer can waive these disclosures (§ 34-1-151(b)). The sale is not invalidated by a missed disclosure, but a seller who willfully or negligently fails to provide it owes the buyer “actual damages” (§ 34-1-151(c)).

What a licensed agent must disclose

Agent duties come from the real estate brokerage statute. An agent working for the seller owes the buyer no general duty, with one exception: the agent “shall disclose to any prospective buyer all adverse material facts actually known by the licensee” (W.S. 33-28-303(c)). The statute says these may include:

• problems with title;
• the physical condition of the property and any material defects;
• environmental hazards that the law requires to be disclosed.

The agent also may not “perpetuate a material misrepresentation of the seller which the licensee knows or should know is false.” Buyer’s agents and intermediaries have parallel duties (§§ 33-28-304 and 33-28-305). The Real Estate Commission’s rules list “failing to disclose matters known to the licensee which are material to the real estate transaction” as a ground for discipline (Rules, Chapter 6).

Two limits apply. A seller’s agent has no duty to inspect the property or to verify what the seller says (§ 33-28-303(d)). And the agent may not reveal, without the seller’s consent, that the seller will take less than the asking price or why the seller is selling (§ 33-28-303(b)). The duty covers facts the agent actually knows.

Exemptions

Because no residential condition statute exists, there is nothing to be exempt from. The practical exceptions are narrower:

What happens if a seller does not disclose

For vacant land, the remedy is actual damages (§ 34-1-151(c)). For agents, the Real Estate Commission can discipline a licensee. For anything else, the law depends on the facts and on court decisions I did not review. See an attorney quickly if you think a seller hid a defect. Before you buy, a home inspection is the best protection because the law gives you so little help, and a title insurance policy covers title problems.

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

For most housing built before 1978, the EPA requires the seller and agent, before the buyer is bound, to:

1. give the pamphlet Protect Your Family From Lead In Your Home;
2. disclose any known lead-based paint and hand over available lead reports;
3. include a Lead Warning Statement in the contract;
4. give the buyer 10 days for a paint inspection or risk assessment (the parties can agree in writing to change it, and the buyer can waive it);
5. keep the signed disclosures for three years after the sale.

Exempt: housing built after 1977, zero-bedroom units, foreclosure sales and housing certified free of lead-based paint (EPA). The next steps of a purchase are in our home buying guide.