Seller disclosure in brief
A seller disclosure is a written statement of what the seller knows about the property’s condition. Many states prescribe a form by statute, such as California’s Transfer Disclosure Statement or Texas’s Seller’s Disclosure Notice; others rely on case law or association forms. It reports the seller’s knowledge only: it is not a warranty, an inspection or a records search.
Key takeaways
- Federal law requires lead-based paint disclosure and a 10-day testing opportunity for most homes built before 1978.
- New York made its disclosure statement effectively mandatory on March 20, 2024 by removing the $500 credit opt-out, and added flood questions.
- Several states let a buyer cancel within a short window if the disclosure arrives after the contract; the clock is often just 3 days.
- “Caveat emptor” states still allow claims for fraud and active concealment, but the buyer carries more of the checking.
Federal rule: lead-based paint in homes built before 1978
For most housing built before 1978, the seller must give the buyer the EPA/HUD pamphlet Protect Your Family From Lead in Your Home, disclose any known lead-based paint or hazards, provide available records and reports, include the Lead Warning Statement in the contract and give the buyer a 10-day opportunity to test (which the buyer can waive or the parties can change in writing). Signed disclosures are kept for three years. The rule does not require the seller to test or remove lead. EPA; 42 U.S.C. 4852d.
State disclosure rules compared
| State | Required form | Notable items | If it arrives late |
|---|---|---|---|
| California | Transfer Disclosure Statement (Civ. Code §1102 et seq.) plus Natural Hazard Disclosure | Known defects; flood, fire and earthquake hazard zones | 3 days to terminate after hand delivery, 5 after mailing |
| Texas | Seller’s Disclosure Notice (Prop. Code §5.008) | 100- and 500-year floodplain, past flooding, flood claims, FEMA aid | Buyer may terminate within 7 days of receipt |
| New York | Property Condition Disclosure Statement (RPL §462) | Flood zone, required insurance, claims, FEMA aid, elevation certificate | $500 credit opt-out removed March 20, 2024 |
| New Jersey | Seller Property Condition Disclosure Statement | Flood zone, flood insurance, FEMA aid and claims (since March 20, 2024) | Consumer-protection and common-law remedies |
| Florida | No general statutory form; flood disclosure form (s. 689.302) | Case law requires disclosing known material defects not readily observable; flood claims and aid | Common-law claims |
| Illinois | Residential Real Property Disclosure Report (765 ILCS 77) | Flooding, basement leaks, radon, material defects | 3 business days if a post-contract disclosure reveals defects |
| Ohio | Residential Property Disclosure Form (R.C. 5302.30) | Water, sewer, roof, flood-plain questions | 3 business days to rescind if delivered after contract |
| North Carolina | Residential Property and Owners’ Association Disclosure Statement (G.S. 47E) | Seller may answer “No Representation” on many items | 3 calendar days if not received by contract |
| Washington | Seller Disclosure Statement, Form 17 (RCW 64.06) | Title, water, sewer, flood zone, environmental | 3 business days to rescind after receipt |
| Pennsylvania | Seller’s Property Disclosure Statement (68 Pa.C.S. §7301) | Material defects, water, sewage, stormwater | Damages for willful or negligent violations |
| Virginia | Residential Property Disclosure Statement (Va. Code §55.1-703) | A buyer-beware statement: the owner makes no representations | Termination rights if not delivered on time |
| Alabama | No statutory form | Caveat emptor for used homes, with case-law exceptions | Fraud and misrepresentation claims |
Statute links: California · Texas · New York · New Jersey flood disclosure · Florida s. 689.302. Other states’ statutes are cited by section in the table; confirm the current text, because forms and deadlines change.
Flood disclosure is catching up
Flood history is the gap buyers most often find after closing. NRDC, an environmental advocacy group that grades state laws, reported that ten states enacted or improved flood-disclosure rules after 2018: Florida, Hawaii, Maine, New Hampshire, New Jersey, New York, North Carolina, South Carolina, Texas and Vermont. NRDC. Where the form is silent, look up the flood zone and ask for the CLUE report.
Caveat emptor: what “buyer beware” means today
Caveat emptor (“let the buyer beware”) is the common-law rule that a seller need not volunteer defects; the buyer must inspect. Most states have narrowed it with disclosure statutes or case law. Where it survives, such as Alabama for used homes and Virginia’s statutory buyer-beware disclosure, fraud, active concealment and false answers to direct questions remain actionable.
How to check a disclosure against the records
Compare the answers with public records
Match additions and conversions to permit history, and ownership details to the deed. A “no” on flooding in a mapped flood zone deserves a follow-up question.
Keep: A list of answers that records support or contradict.
Ask direct questions in writing
Direct written questions create a record and, in caveat emptor states, can matter if an answer proves false.
Keep: Questions and dated replies.
Treat “unknown” as an open question
An “unknown” or “no representation” answer shifts the checking to you. Put it on your inspection and records list.
Keep: Open items with an owner and a deadline.
Bring material discrepancies to your agent or attorney
Your contract may give you remedies only within set periods.
Keep: Professional advice before your deadline.
Questions people ask
What is a seller disclosure?
A written statement of what the seller knows about the home’s condition, usually on a state-prescribed form, delivered before or shortly after the contract.
Which states are buyer beware states?
No official list exists. Alabama applies caveat emptor to used homes by case law, and Virginia’s statutory form tells buyers the owner makes no representations. Other states are often described that way by practitioners; check your state’s statute or ask a local attorney.
Can a seller be sued for not disclosing?
Remedies depend on the state, the form and the facts. Fraud and active concealment are generally actionable even in caveat emptor states. Ask a real estate attorney in your state.
Does the disclosure replace an inspection?
No. Forms such as California’s state on their face that they are not a warranty and not a substitute for inspections.
Do sellers have to disclose flooding?
In a growing number of states, yes, including Texas, New York, New Jersey and Florida, which ask about flood zones, flood damage or claims. Elsewhere, ask directly and check the flood map.
Checking a specific home?
Get a pre-offer property check: we match the parcel, pull the recorded ownership, liens, permits and flood zone, flag what is missing and list the questions to ask before you commit.
- Parcel & owner of record matched
- Liens, permits & flood zone in one place
- Gaps turned into questions for your team
Sources & method
We start with the agency or statute that governs each rule and link to it directly. Figures carry their source and date. Rules and forms change; confirm the current version with the responsible office or a qualified professional.
- EPA: real estate disclosure of lead-based paint
- 42 U.S.C. 4852d
- California Civil Code §1102 et seq.
- Texas Property Code §5.008
- New York Real Property Law §462
- New York S.5400 (2023)
- New Jersey DEP: flood risk disclosure
- Florida Statutes s. 689.302
- NRDC: state flood disclosure scorecard
Reviewed September 25, 2026 by the PropertyDataCheck editorial team. Corrections: info@propertydatacheck.com. How we research and update guides.