Property Disclosure Statement Form

Use our property disclosure statement to outline your property’s history and current condition.

sellers property disclosure statement

Updated August 15, 2024
Written by Sara Hostelley | Reviewed by Susan Chai, Esq.

A Property Disclosure Statement is a document sellers use to disclose a property’s history and condition, protecting them from post-sale lawsuits. It informs buyers about any issues or damage, helping them make informed decisions.

Most states mandate these statements to ensure transparency in property sales, allowing sellers to reference them if disputes arise over damages found after purchase.

When Is a Property Disclosure Statement Required?

How a Property Disclosure Works

Property disclosure statements serve different roles for buyers and sellers.

Consider working with a real estate attorney to ensure your property disclosure is thorough and accurate. In some states, such as California, there are specific rules about how these forms must be completed, and real estate agents are not permitted to fill them out on behalf of sellers.

Property Disclosure Statements by State

State Property Disclosure Statement Required? Buyer Beware Policy Laws
Alabama Optional Yes –
Alaska Yes No AS 34.70.010
Arizona Yes No Hill v. Jones, 725 P.2d 1115)
Arkansas Optional Yes –
California Yes No CC § 1102
Colorado Yes No § 38-35.7
Connecticut Yes No § 20-327b
Delaware Yes No § 2577
Florida Yes No Johnson v. Davis, 480 So.2d 625
Georgia Yes (under certain conditions) Yes § 44-1-16
Hawaii Yes No § 508D-5
Idaho Yes No § 55-2508
Illinois Yes No 765 ILCS 77/35, 765 ILCS 77/20
Indiana Yes No § 32-21-5
Iowa Yes No § 558A.2
Kansas Yes No § 58-30.106
Kentucky Yes No § 324.360
Louisiana Yes No § 9:3198
Maine Yes No § 173
Maryland Yes No § 10-702
Massachusetts Yes (under certain conditions) Yes § 15.301, § 197A
Michigan Yes No § 565.957
Minnesota Yes No § 513.55
Mississippi Yes No § 89-1-503
Missouri Yes No Montana Yes No § 37-51-313
Nebraska Yes No § 76-2,120
Nevada Yes No NRS 113.130
New Hampshire Yes No § 477:4-d
New Jersey Yes No § 46:3C-10
New Mexico Yes No § 47-13-4
New York Yes No § 462
North Carolina Yes No G.S. 47E-4(b)
North Dakota Yes (under certain conditions) Yes § 43-4-44
Ohio Yes No § 5302.30
Oklahoma Yes No § 60-833
Oregon Yes No ORS 105.464
Pennsylvania Yes No § 7304
Rhode Island Yes No § 5-20.8-2
South Carolina Yes (under certain conditions) No § 27-50-40
South Dakota Yes No § 43-4-38
Tennessee Yes (buyer may waive their right) No § 66-5-202(1)
Texas Yes No § 5.008
Utah Yes (only for agents) No R162-2f-401a
Vermont Yes No § 2296(4)
Virginia Yes (under certain conditions) Yes § 55-519 & § 55-520
Washington Yes No § 64.06.030 & § 64.06.020
Washington D.C. Yes No § 42–1305, § 42-1302
West Virginia Optional Yes –
Wisconsin Yes No 709.01(2)
Wyoming Optional (only for agents) Yes § 33-28-303(c)
Show More Show Less

What Should a Property Disclosure Statement Include?

A property disclosure statement should provide comprehensive information organized into key categories:

Property Structure

Interior Systems

Property Features and Conditions

Additional Details (If Applicable):

What Must Be Disclosed?

How To Write a Property Disclosure Statement

It’s important to know what information a property disclosure statement contains.

With that in mind, sellers writing a property disclosure statement should include the following:

Step 1: Opening Statements

A property disclosure’s opening statement includes the seller’s name and the address of the property in question.

Step 2: Ownership Information

The ownership section of a property disclosure statement details the type of property up for sale, the year it was constructed, and the length of time the current seller has owned it.

Step 3: Property Information

The following sections of a property disclosure statement detail the property’s features. These sections should include the following:

Step 4: Problem Areas

These sections of the property condition disclosure statement specifically touch on what problems a property may have experienced.

These can include:

Step 5: Additional Information

Most property condition disclosure statements also require sellers to disclose whether they’ve improved the property during their tenure as owners.

Sellers can also include information about a property’s mineral rights and any additional disclosures in this section.

Step 6: Signatures

Finally, sellers complete the property condition disclosure statements and the warranty deed with their signatures, and interested buyers sign to acknowledge receipt.

Sample

Below is an example of what a property disclosure statement looks like. Use our document builder to create a property disclosure statement online easily.

sellers property disclosure statement

Understanding Your Rights as a Homebuyer

As a homebuyer, you must know your rights and protections throughout the purchasing process. Two key areas to consider are the “Buyer Beware” policy and handling earnest money deposits.

Buyer Beware (Caveat Emptor)

Earnest Money Deposits

Frequently Asked Questions

What are the Consequences of Lying on a Property Disclosure Statement?

Buyers who discover that a seller overlooked damage in their property disclosure statement may have the right to void a real estate purchase agreement .

Buyers can alternatively pursue a real estate purchase agreement amendment , depending on their circumstances.

If you’ve already sold your property, a wronged buyer may choose to take you to court over an alleged oversight. However, buyers have to uphold a substantial burden of proof. Sellers, after all, aren’t required to conduct inspections before creating a property disclosure statement.

Sellers who can argue that they lack knowledge about conditions on a sold property may be able to avoid a civil lawsuit altogether.

If you’re concerned about missing apparent damage when writing your property disclosure statement, bring a real estate attorney to walk through the property with you.

You are not expected to hire an inspector when writing your property disclosure statement. However, an attorney can help you identify obvious damage the average buyer might have issues with.

What About Buyer Beware and Property Disclosure Statements?

The term “buyer beware” refers to a policy upheld in states mentioned above that generally do not hold sellers accountable for property disclosure statement oversights.

These states don’t punish sellers who overlook a property’s defects before selling that property. Buyers must contend with these defects without the ability to hold the original seller accountable for giving incomplete information.

That said, “buyer beware” only happens once a seller concludes a sale in any of the states mentioned above.

If a buyer brings in an expert before closing and discovers damage not listed on a property disclosure statement, that buyer can negotiate the price.

Who Fills Out the Property Disclosure Statement?

The property seller is expected to fill out and complete the property disclosure statement.

Property sellers in California must fill out the transfer disclosure statement in writing and remember that real estate agents cannot offer legal advice regarding the form.

sellers property disclosure statement

Property Disclosure Statement

Create Your Property Disclosure Statement in Minutes!