In many states, sellers choose between completing a property condition disclosure and offering a disclaimer that sells the home as-is. Even with a disclaimer, certain items, such as known lead paint, must still be disclosed. Ask your agent which applies where you live.
What is a disclosure?
A written statement of what you know about the home's condition: roof, water, systems, pests and more. It protects you by putting your knowledge on record.
What is a disclaimer?
A statement that you make no representations about condition. The buyer typically relies on inspections. It does not excuse hiding known material defects.
Items that always apply
Safety and federal items, such as lead paint disclosures, must be disclosed regardless of the form chosen.
Practical advice
Be honest and thorough. An advance inspection helps you disclose accurately. Consult an attorney for legal advice.
Frequently asked questions
Can I be sued for an omission?
Failure to disclose known material defects can create liability. Ask an attorney.
Do I need to disclose repairs?
Generally yes, if they relate to material conditions.
Sources
- Your local assessor, recorder or municipal office (confirm current rules)
- A licensed attorney, tax professional or lender for your situation
- The local MLS and your Northfield Realty agent for current market conditions
Talk with a Northfield agent
Whether you are buying, selling or just exploring, we are happy to answer questions. No pressure, just good advice.
This article is general information, not legal, tax or financial advice. Programs, rates and regulations change; please confirm details with a licensed professional. Northfield Realty is committed to the Fair Housing Act and equal opportunity in housing. Back to all articles.