Real Estate Laws and Forms: 50-State Survey
For many people, purchasing a home is a significant investment on emotional and financial levels. The process can be complex, involving a lengthy search for homes in a desired location, securing financing from a lender, and devising a real estate purchase and sale agreement. Some states require an attorney to assist with a real estate transaction. Even if an attorney is not required, a buyer and a seller each may want to retain legal counsel to protect their interests.
The main instrument used to transfer ownership of property is known as a deed. Deeds come in many forms. Among the main types of deeds, a general warranty deed provides the greatest protection to a buyer, while a quitclaim deed provides the least protection. A general warranty deed assures the buyer that the seller owns and has a right to sell the property, and the property does not have liens, debts, or encumbrances associated with it. By contrast, a quitclaim deed provides no assurances, simply giving the buyer any interest that the seller may have in the property. Many states use deeds that fall between these extremes as well.
Most buyers cannot pay the full price of a home upfront and thus will need assistance from a lender. They generally will secure either a mortgage or a deed of trust. Some states recognize only one of these instruments, while other states allow either of them or provide additional options. A mortgage involves only a borrower and a lender, while a deed of trust also involves a trustee, who holds title to the property for the benefit of the lender. The main functional difference is that a deed of trust usually allows for a faster foreclosure process than does a mortgage if the borrower fails to keep up with payments.
The purchase and sale agreement forms the core of a real estate transaction. Among other things, it provides the financial terms of the transaction, identifies the people and the property involved, sets any time requirements for completing the process, and outlines contingencies. These are conditions that must be met before the transaction may be completed. Common contingencies may include getting a loan or completing a home inspection. Once contingencies have been resolved, and the other terms of the agreement have been met, the transaction can proceed to the closing. At a real estate closing, the seller transfers ownership of the property to the buyer, who will sign their loan documents and provide the down payment to the seller.
Before committing to purchase a property, a buyer probably wants to know about any significant problems that may affect its value or their interest in it. Many but not all states impose specific disclosure requirements on sellers. Accurately completing a disclosure form protects a seller from liability for defects that were disclosed. Even in states that do not impose specific disclosure requirements, a seller has certain basic obligations to refrain from fraud or misrepresentations in negotiations with the buyer. Also, federal law requires sellers of properties built before 1978 to disclose the presence of lead paint on the property to a buyer.
Click on a state below for more information about real estate transactions in that state, as well as forms that you may want to use in completing a purchase or sale of a home.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Alabama
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Seller disclosures are generally not required in an Alabama real estate transaction. The state follows the rule of caveat emptor, which means “buyer beware,” and places the obligation on the buyer to inspect the property for any defects before the transaction is complete. However, the seller cannot perpetrate fraud against the buyer. If the seller knows of certain issues on the property that might endanger the health or safety of the buyer, they must disclose them. Also, if the buyer asks the seller about certain possible defects, the seller must answer those questions truthfully and cannot misrepresent facts. If the buyer and the seller have a fiduciary relationship, moreover, the seller must act in the best interest of the buyer.
Alaska
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: No
The seller disclosures involved in an Alaska real estate transaction cover many major issues regarding a home. The seller must disclose these issues before a buyer makes an offer on a home. Potential problems that must be included in seller disclosures range from defects in the sewage system, foundation, or roof of a home to a lack of required permits or problems with electrical systems. Certain required disclosures relate to the extreme climate in Alaska. For example, a seller must disclose issues with freezing water lines, heating problems, or permafrost. Anything that reduces the value of a home must be disclosed, even if it does not pose a safety risk. Even a recent suicide or homicide on the property must be disclosed.
Arizona
- Primary forms of conveyance: Warranty deed, special warranty deed, quitclaim deed
- Primary forms of encumbrance: Deed of trust, mortgage
- Attorney required: No
Even if the property is sold “as is,” an Arizona real estate transaction involves several types of seller disclosures. A seller must provide the disclosure statement within three days of accepting an offer, but often it is provided sooner. Disclosures cover issues related to structural features, pests, property improvements, utilities, sewage, and environmental concerns, such as erosion, asbestos, and mold. In general, a seller also must disclose any other possible issues involving the property that might affect the value or use of the property or the buyer’s decision whether to purchase it. The seller also must provide a report of any insurance claims filed on the property within the last five years, or during their ownership of the property if it is shorter.
Arkansas
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage; deed of trust sometimes used
- Attorney required: No
In an Arkansas real estate transaction, the seller generally does not have an obligation to tell the buyer about problems with the physical condition of the property. This is known as the caveat emptor rule. However, the seller must disclose material defects to the buyer if certain exceptions apply. These include the presence of lead paint on the property and any other health or safety risks of which the seller is aware. Otherwise, the seller could be liable for harm suffered by the buyer. A seller also must respond honestly to any direct questions from the buyer. If they deliberately lie to the buyer, the real estate contract may be cancelled. Finally, a seller must make disclosures if they have a fiduciary relationship with the buyer.
California
- Primary form of conveyance: Grant deed
- Primary form of encumbrance: Deed of trust
- Attorney required: No
A California real estate transaction involves a broad range of seller disclosures. The main disclosures are provided through a form known as a Transfer Disclosure Statement. Disclosures in the Transfer Disclosure Statement cover issues such as structural flaws, appliances that are operational and included in the sale, damage to the property, deaths on the property in the last three years, additions to the home, or issues with noise in the neighborhood. Other disclosures involve compliance with smoke detector laws and earthquake safety provisions. An additional Natural Hazard Disclosure form covers issues such as flood hazards, forest fires, and earthquake fault zones. Access to information about sex offenders in the area also must be explained to the buyer.
Colorado
- Primary forms of conveyance: Warranty deed, special warranty deed
- Primary forms of encumbrance: Deed of trust, mortgage
- Attorney required: No
A Colorado real estate transaction involves providing several types of seller disclosures to a buyer, which are specified by state law. The seller must inform the buyer that the property may be in a special taxing district and explain how the buyer can determine whether it is. The seller also must state the source of drinkable water and describe any proposed transportation projects that may affect the property. If the property has been used as a meth lab and not fully remediated, or if there has been oil or gas activity on the property, the buyer must be informed. The seller must provide information about surface and mineral estate rights. Certain specific disclosures are required if the property is part of a common interest community. Real estate brokers working with sellers have additional disclosure duties.
Connecticut
- Primary forms of conveyance: Warranty deed, quitclaim deed, special warranty deed, limited warranty deed, trustee deed, executor’s deed, administrative deed, certificate of devise
- Primary form of encumbrance: Mortgage deed
- Attorney required: Yes
Even if a professional broker assists with a Connecticut real estate transaction, the seller must make certain disclosures to the buyer. The seller can use a disclosure form provided by the Connecticut Department of Consumer Protection. Issues covered by disclosures include when the home was built and how long the seller has lived there. The seller also must cover structural problems with the home, including both interior and exterior elements. Other disclosures describe the status of heating, plumbing, and electrical systems in the home. By signing the form, the seller certifies that they have answered the questions truthfully to the extent of their knowledge and that a real estate broker can provide this information to buyers or agents.
Delaware
- Primary forms of conveyance: Special warranty deed, quitclaim deed, general warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
In a Delaware real estate transaction, a seller must make certain disclosures in good faith about problems of which they are aware. Generally, a seller must disclose any material defects in the home, which are problems that reasonably could have a significant impact on its value. Other potential issues that may need to be disclosed include the presence of lead paint on the property and infestations of pests, such as ants or termites. Infestations must be disclosed even if they occurred in the past and have been resolved. The presence of toxic substances, such as asbestos, radon, and mold, also must be disclosed. A seller must reveal any significant repairs and remodeling projects that they completed while they owned the home.
District of Columbia
- Primary form of conveyance: Special warranty deed; general warranty deed and quitclaim deed sometimes used
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: Yes
In a District of Columbia real estate transaction, a seller generally must provide disclosures related to the major systems and appliances in the home, as well as any latent defects of which they are aware. Examples of systems that must be discussed include the heating, air conditioning, plumbing, and electrical systems. The seller also must provide information about refrigerators, ovens, dishwashers, microwaves, garbage disposals, and smoke detectors, among other appliances. The seller must describe the condition of windows, fireplaces, walls, floors, and insulation, as well as the roof and basement. Environmental hazards, pest infestations, and zoning violations must be disclosed, as well as certain issues related to the status of the property as a DC landmark, if applicable.
Florida
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Seller disclosures in a Florida real estate transaction generally cover any information about the property that is not easily apparent and that would substantially affect the value or desirability of the property. Certain specific issues must be disclosed under state law. These include hazards related to radon gas, erosion and local regulations for coastal properties, and issues involving condominium and homeowners’ associations for properties governed by those rules. As part of the disclosures, a seller must inform the buyer that property taxes may change after the sale, and taxes may be reassessed if the buyer makes improvements to the home. The standard Florida disclosure form also covers issues such as environmental hazards, boundary disputes, pest infestations, sinkholes, and structural problems.
Georgia
- Primary forms of conveyance: Warranty deed, limited warranty deed, quitclaim deed
- Primary form of encumbrance: Security deed (deed to secure debt)
- Attorney required: Yes
In a Georgia real estate transaction, a seller does not need to provide a disclosure form to a buyer, although they can complete an optional standard form. Generally, a seller must tell a buyer about any known material defects in the home, unless the buyer would be able to discover the defect through a reasonable inspection. (This exception is interpreted narrowly.) A defect is considered material if it would affect the price that the buyer would pay for the property or cause the buyer to not buy the property. Events on the property that do not affect its physical condition, such as murders or suicides, are not considered material defects. If a buyer asks certain questions about a home, the seller has a legal obligation to answer honestly, unless the answer would reveal information protected by state or federal fair housing laws.
Hawaii
- Primary forms of conveyance: Warranty deed, limited warranty deed, quitclaim deed; apartment deed used for condominiums
- Primary form of encumbrance: Mortgage
- Attorney required: No
In a Hawaii real estate transaction, a seller must prepare a written disclosure statement that discloses material facts related to the property that are within the knowledge or control of the seller. A material fact is a defect, condition, or fact that would reasonably be expected to affect the value of the property. Common types of issues reported in disclosure statements include problems with plumbing, heating, appliances, ceilings, and foundations. The seller must arrange to have the disclosure statement delivered to the buyer within 10 days after the acceptance of the real estate purchase contract. The buyer then can notify the seller that they are rescinding the contract within 15 days, which entitles them to the return of any deposits.
Idaho
- Primary forms of conveyance: Warranty deed, corporate deed; quitclaim deed sometimes used
- Primary form of encumbrance: Deed of trust; mortgage used for a property over 40 acres
- Attorney required: No
An Idaho real estate transaction involves the completion of a seller property disclosure form. Under state law, a seller must disclose issues that they have discovered from living on the property and that the buyer would not be able to discover on their own. Thus, unknown structural issues that would not be obvious to an ordinary property owner do not need to be disclosed. On the other hand, the seller must disclose information about issues such as hazardous materials, pest infestations, zoning violations, boundary disputes, and additions or alterations for which they did not get a building permit. Known structural issues must be disclosed, such as problems with heating, plumbing, wells, electrical systems, or the roof or foundation. The seller also must disclose information about malfunctioning appliances.
Illinois
- Primary form of conveyance: Warranty deed
- Primary forms of encumbrance: Mortgage, trust deed
- Attorney required: No
In general, a seller in an Illinois real estate transaction must inform a buyer in writing about any material defects of which they are aware. A material defect could relate to the value of the property or the health and safety of its occupants. Issues may include environmental hazards, boundary disputes, municipal violations, structural defects, or flood risks. Disclosures are not required for a property owner who never occupied the property or had the responsibility to manage it. Even if the buyer purchases the property as is, or if the buyer knows about defects, the disclosure requirement cannot be waived through mutual agreement. A seller must make disclosures even for tear-down properties, unless a property is uninhabitable as a home.
Indiana
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: No
As part of an Indiana real estate transaction, a seller must complete a standard disclosure form. This covers any material defects of which the seller knows, such as problems involving the structural features of the home or any appliances included in the sale. A seller does not have an obligation to test the home for problems of which they are unaware. Examples of problems that must be disclosed include leaky roofs or pipes, cracks in the foundation, pest infestations, or issues with the heat pump or water heater. The seller must reveal zoning issues, boundary problems, and certain unusual circumstances, such as past use as a meth lab or location within one mile of an airport. Seller disclosures are not required in situations in which a property is not voluntarily transferred, such as a foreclosure sale, a bankruptcy, or a condemnation.
Iowa
- Primary forms of conveyance: Warranty deed, quitclaim deed; other deeds sometimes used
- Primary form of encumbrance: Mortgage
- Attorney required: No
Before a buyer makes a written offer to a seller in an Iowa real estate transaction, the seller must provide a written disclosure statement to the buyer. If the situation changes after the statement is provided, such that it becomes inaccurate, the seller must update it. A seller can use a standard form provided by the Iowa Department of Licensing and Regulation. The form covers known conditions that materially affect the property, such as environmental hazards or problems with its structural features or key operating systems. A defect is material if it would significantly reduce the value of the property or its structural integrity, or if it would cause a significant risk to the health or safety of occupants. A seller must make a reasonable effort to discover the information required by the form.
Kansas
- Primary forms of conveyance: Warranty deed, special warranty deed, trustee or fiduciary deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Under state law, a seller in a Kansas real estate transaction must disclose (or have their real estate agent disclose) adverse material facts that they know about the property. These may include structural defects, problems with title, environmental hazards, or obstacles that may prevent the seller from meeting the terms of the purchase and sale agreement. Other common issues that may arise include problems with heat, air conditioning, water, electricity, or appliances. Specific disclosures mandated by state law include the presence of radon gas, access to information about sex offenders in the area, and certain taxes to which the property is subject. These statutory disclosures will be provided separately from the main disclosure form.
Kentucky
- Primary forms of conveyance: Warranty deed, special warranty deed, trustee or fiduciary deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Under state law, a seller in a Kentucky real estate transaction must disclose defects or conditions in a home of which they have become aware after living on the property. A seller does not need to conduct tests to look for defects of which they are unaware. The Kentucky law requiring seller disclosures incorporates a form provided by the Kentucky Real Estate Commission. Issues covered by the form include structural problems, pest infestations, drainage issues, boundary problems, water and sewage issues, structural additions or changes to the home, roof problems, heating and electrical system issues, homeowners’ association rules (if applicable), and hazards that could affect the safety of occupants. The form also contains a section for sellers to describe problems that may be unique to the property.
Louisiana
- Primary forms of conveyance: Warranty deed, act of sale
- Primary form of encumbrance: Act of mortgage
- Attorney required: No
During a Louisiana real estate transaction, a seller must provide a buyer with a disclosure form covering known defects affecting the property. These may involve health hazards and issues that affect the value or durability of the home. A seller does not need to hire a home inspector, since the disclosures cover only issues of which they know. The Louisiana Real Estate Commission provides a standard Residential Property Disclosure Form. The form lists certain types of transactions in which a seller is exempt from providing disclosures, although an exempt seller must complete a signed report stating the exemption. Signing the form indicates that the seller has described any issues to the best of their knowledge.
Maine
- Primary forms of conveyance: Warranty deed (quitclaim deed or quitclaim deed with covenant for commercial properties)
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Before completing a Maine real estate transaction, a seller must formally disclose any defects on the property to the buyer. These issues may be large or small, although a seller often will conduct a pre-sale home inspection and fix any minor problems that can be easily addressed so that they do not need to be disclosed. A seller must disclose any potential presence of lead paint, and they also must certify to the buyer that the property contains the legally required number of functioning smoke detectors. Sellers may not be required to disclose psychologically impactful events that have occurred on the property, such as a murder, but they should respond honestly about what they know if the buyer asks.
Maryland
- Primary form of conveyance: Special warranty deed
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: Yes
A seller in a Maryland real estate transaction must complete a Residential Property Disclosure and Disclaimer Statement. This form allows the seller to either disclose known problems with the property or issue a disclaimer about the condition of the home, which means that they are selling the home as is, and the buyer assumes liability for defects that arise. However, even if the seller chooses the latter option, they must tell the buyer about latent defects of which they have actual knowledge. These are problems that can be identified without affirmatively looking for them with the assistance of an inspector but that the buyer would not be able to discover through a careful visual inspection and that would cause a direct hazard to health or safety.
Massachusetts
- Primary form of conveyance: Quitclaim deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
Seller disclosures required in a Massachusetts real estate transaction are relatively minimal, since Massachusetts follows the caveat emptor rule. This means that the buyer is responsible for asking the seller about the condition of the property and conducting a home inspection. Two exceptions to this rule are that the seller must tell the buyer about the existence of lead paint on the property if a home was built before 1978, and they must make disclosures about a septic system. The seller must arrange for an inspection of the septic system within two years before the sale and share the resulting report with the buyer. Moreover, a seller cannot engage in fraud or misrepresentations when a buyer asks them questions about the property.
Michigan
- Primary forms of conveyance: Warranty deed, quitclaim deed, covenant deed, trustee’s deed, personal representative’s deed
- Primary form of encumbrance: Mortgage
- Attorney required: No
Under the Michigan Seller Disclosure Act, a seller in a Michigan real estate transaction must inform the buyer about defects on the property through a written disclosure statement. The form also covers the condition of appliances, heating and air conditioning systems, and other key features of the property. However, a seller does not need to tell the buyer about psychologically impactful events on the property, such as homicides. A seller also does not need to disclose any problems of which they do not personally know, and they do not need to conduct a formal inspection. The seller must deliver the disclosure form to the buyer or their agent before completing the purchase and sale agreement. They must update the statement if a problem arises after delivering it to the buyer.
Minnesota
- Primary forms of conveyance: Warranty deed, limited warranty deed, quitclaim deed, trustee’s deed, personal representative’s deed; other deeds sometimes used
- Primary form of encumbrance: Mortgage
- Attorney required: No
In a Minnesota real estate transaction, a seller generally must disclose in writing any material facts that they know and that could significantly and adversely affect the use and enjoyment of the property by the buyer. This rule also covers any intended use of the property of which the seller is aware, and the buyer will complete a section of the form that describes these intended uses. In unusual cases, the seller and the buyer may agree to waive these requirements. The seller also may arrange a home inspection for the buyer, which allows them to provide the buyer with the home inspection report and a shortened version of the form rather than completing the entire form. Issues that a seller must disclose if they complete the full form may include structural replacements, environmental hazards, the presence of animals, and insurance claims.
Mississippi
- Primary forms of conveyance: Warranty deed, quitclaim deed
- Primary form of encumbrance: Deed of trust
- Attorney required: Yes
A Mississippi real estate transaction can be completed even if a seller does not provide disclosures, but any disclosure statement must be provided in writing under state law. The statement also must be delivered to the buyer in person or by mail, rather than electronically. If a seller fails to provide disclosures, moreover, the buyer can sue the seller for damages. Some of the issues that are typically covered by the disclosure statement include pest infestations, structural problems, renovations, roof repairs, and the condition of appliances and mechanical equipment. If a problem cannot be adequately described on the form, a seller can attach supplementary pages that provide more details.
Missouri
- Primary forms of conveyance: Warranty deed, special warranty deed, trustee’s deed
- Primary form of encumbrance: Deed of trust
- Attorney required: No
State laws impose specific seller disclosure requirements for a Missouri real estate transaction. In general, a seller cannot engage in fraud, deception, misrepresentations, or similar conduct during the sale of a home. This means that the seller needs to disclose any known material problems affecting the property. More specifically, a Missouri statute requires a seller to disclose any solid waste disposal site or demolition landfill on the property, while telling the buyer that the state may require them to take remedial action to address this issue if it exists. A seller also must tell the buyer if the property was used for meth production if they are aware of this history, although they do not need to actively research the history of the property. A seller does not need to tell a buyer about murders, suicides, or felonies that occurred on the property.
Montana
- Primary forms of conveyance: Warranty deed, corporate deed, grant deed
- Primary forms of encumbrance: Deed of trust, trust indenture; mortgage used for a property over 40 acres
- Attorney required: No
Seller disclosure requirements in a Montana real estate transaction are relatively lenient. A seller must comply with federally mandated lead paint disclosures, and they must reveal any health or safety hazards of which they are aware. They also must respond truthfully to direct questions from the buyer. The real estate agent representing the seller must disclose material information about conditions on the property of which the seller knows or reasonably would be expected to know. Information is material if it could significantly affect the value of the property. Common examples of these issues include pest infestations, structural problems, and environmental hazards. If the seller’s agent knows that the seller has not been truthful in making disclosures, moreover, they must share this knowledge with the buyer.
Nebraska
- Primary forms of conveyance: Warranty deed, special warranty deed, trustee’s deed
- Primary forms of encumbrance: Deed of trust, mortgage
- Attorney required: No
During a Nebraska real estate transaction, a seller must complete a brief disclosure form that covers defects on the property of which they are aware. These may include structural issues, problems with the heating and electrical systems, smoke and carbon monoxide detectors, environmental hazards, water and sewage problems, and issues with appliances. A seller also may need to disclose zoning requirements, home improvements, boundary disputes, and roof issues. Psychologically impactful events, such as crimes or paranormal activity on the property, do not need to be disclosed, although a failure to disclose them may result in a lawsuit. Very minor issues that would not lead to major damage or cost do not need to be disclosed.
Nevada
- Primary forms of conveyance: Grant deed, bargain and sale deed, quitclaim deed, trustee’s deed
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: No
Before completing a Nevada real estate transaction, a seller must inform the buyer about certain conditions on the property, as required by state law. The disclosure requirement applies to any defects that materially and adversely affect the value or use of the property. For example, known issues with the heating and air conditioning systems, the plumbing on the property, or the electrical system must be disclosed. However, the seller does not need to affirmatively search for defects on the property. They also can rely on information from experts and government officials in preparing disclosures. Disclosures do not need to cover previous defects that were repaired. If a seller fails to comply with the disclosure requirements, though, the buyer can sue them for three times the cost of repairing or replacing the defective feature.
New Hampshire
- Primary forms of conveyance: Warranty deed, quitclaim deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
State laws require a seller in a New Hampshire real estate transaction to make specific disclosures to a buyer. Statutorily mandated disclosures include information about the insulation of the home, a private sewage disposal system, and a private water supply system. (If a home uses a public water or sewage disposal system, these requirements do not apply.) A seller also must disclose any lack of information regarding these features. Furthermore, a seller must tell the buyer about environmental hazards on the property, such as lead paint or radon gas. Although a seller does not need to personally disclose property defects more generally, a real estate agent representing the seller must disclose any material defects or conditions on the property of which they are aware.
New Jersey
- Primary form of conveyance: Bargain and sale deed with covenants against grantor’s acts
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
In a New Jersey real estate transaction, a seller must disclose any material problems with the property that they know and that are hidden, such that they would not be apparent to the buyer. This is based on the common law principle known as the implied warranty of habitability. For example, a seller must tell a buyer about health or safety hazards, problems with appliances and equipment, zoning issues, and improvements to the property that required a municipal permit. A seller also must refrain from engaging in fraud or misrepresentations in statements to the buyer. New Jersey law allows a seller to sell their home as is, which means that the seller will not make repairs to the property before transferring ownership. The buyer likely will be able to cancel this type of contract if a home inspection reveals significant problems.
New Mexico
- Primary forms of conveyance: Warranty deed, New Mexico real estate contract
- Primary forms of encumbrance: Mortgage, deed of trust
- Attorney required: No
Under the New Mexico Real Estate Disclosure Act, a seller in a New Mexico real estate transaction must tell a buyer about material defects in the home. This usually involves completing a disclosure form before completing the purchase and sale agreement. The buyer must sign and date the disclosure form. A seller does not need to affirmatively look for defects with the assistance of a home inspector, but they must disclose any problems of which they are aware, such as environmental hazards, structural problems, additions completed without permits, and malfunctioning systems. A seller may choose to repair minor defects, which means that they do not need to disclose them. Disclosure forms typically list certain types of defects, but a seller still must mention other material defects that are not covered by the form.
New York
- Primary forms of conveyance: Bargain and sale deed (New York City area), warranty deed (Upstate New York)
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
The New York Property Condition Disclosure Act requires a seller in a New York real estate transaction to provide a buyer with certain disclosures or pay a $500 credit at the closing. Many sellers find it simpler to pay the credit than make the statutory disclosures. If a seller chooses to make the disclosures, they must complete the Property Condition Disclosure Statement provided by the New York Division of Licensing Services. The statement covers issues such as environmental hazards, structural problems, pest infestations, fire or water damage, the condition of utilities on the property, and the age and ownership of the property. A seller also must disclose any known problems affecting property features such as the heating and air conditioning systems, water or plumbing, security systems, a patio or deck, a wall or floor, a foundation, a chimney, or a driveway.
North Carolina
- Primary form of conveyance: Warranty deed; special warranty deed or non-warranty deed sometimes used
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: No
Under the North Carolina Residential Property Disclosure Act, a seller in a North Carolina real estate transaction must complete a form provided by the North Carolina Real Estate Commission to tell a buyer about any issues that may negatively affect the property. The form must be delivered to the buyer no later than when they make an offer to purchase the home. Issues that the form covers include liens against the property, environmental hazards, the presence of animals, homeowners’ association restrictions and fees, malfunctioning appliances, water and sewage problems, and structural issues. A seller must reveal only issues of which they are actually aware and does not need to arrange for a professional inspection to search for problems that might exist.
North Dakota
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage; deed of trust sometimes used
- Attorney required: Yes
With some exceptions, North Dakota is considered a caveat emptor state. This means that a seller in a North Dakota real estate transaction is not legally required to make certain disclosures about property defects to a buyer. However, a seller must comply with federal disclosure requirements involving lead paint and cannot engage in fraud or misrepresentations in response to inquiries by a buyer. A court likely will rule against a seller if they deceived a buyer about a defect that was material and could not reasonably have been discovered by a buyer, or if a seller entrapped a buyer into a purchase. In these situations, a court may rescind the sale of the home or order the seller to pay restitution to the buyer for their losses.
Ohio
- Primary forms of conveyance: Warranty deed, limited warranty deed, quitclaim deed, fiduciary deed
- Primary form of encumbrance: Mortgage
- Attorney required: No
In an Ohio real estate transaction, a seller likely will need to provide a Residential Property Disclosure Form to a buyer. This form covers information about problems with the property of which the seller knows, such as pest infestations, structural issues, and problems with any of the basic systems or appliances in the home. A seller also will need to disclose information about the presence of environmental hazards, such as lead paint, asbestos, or radon gas. The form further covers issues such as zoning violations, boundary problems, erosion, and underground storage tanks. A seller must mention any material defects that are not addressed by the form at the end. A material defect can be anything that causes a hazard or that otherwise might lead a buyer to back out of the transaction.
Oklahoma
- Primary form of conveyance: Warranty deed; quitclaim deed sometimes used
- Primary form of encumbrance: Real estate mortgage; power of sale mortgage sometimes used
- Attorney required: No
A seller in an Oklahoma real estate transaction must make certain disclosures to a buyer under state law. Among other things, disclosures cover issues related to structural features of a home that have not been discovered through a home inspection. A seller also must reveal any problems with the water and sewage systems, drainage problems, and leaks into heating and air ducts. Disclosures will cover issues related to pest infestations, environmental hazards to health and safety, and damage caused by natural disasters, such as fires or tornados. A seller must inform the buyer about the flood zone status of the property. They also must disclose ongoing problems with the heating, air conditioning, electrical, and plumbing systems.
Oregon
- Primary forms of conveyance: Warranty deed, special warranty deed, bargain and sale deed; quitclaim deed sometimes used
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: No
State law requires a seller in an Oregon real estate transaction to provide a property disclosure statement to a buyer. The statement contains a list of questions, to which the seller generally must answer “yes,” “no,” “unknown,” or “N/A” based on their actual knowledge of the property. Some of the issues covered by the statement include insulation, structural problems, systems and fixtures, and water sources, as well as title issues and easements. If the property is governed by a homeowners’ association, the seller must provide information about association dues and common areas. At the end of the statement, the seller must describe any other material defects that might affect the property or significantly diminish its value. This question must be answered as “yes” or “no.”
Pennsylvania
- Primary forms of conveyance: Special warranty deed, general warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
In a Pennsylvania real estate transaction, a seller must inform a buyer about any known material defects on the property that would not be obvious to the buyer. State law provides specific items that must be covered in disclosures, such as structural problems, water or sewage issues, pest infestations, or environmental hazards. The seller also must inform the buyer about the condition of electrical, plumbing, heating, and air conditioning systems, as well as any appliances included in the sale. The buyer must be told about title issues and other legal problems or restrictions. Disclosures apply only to issues that can be repaired. Sellers do not need to tell buyers about psychologically impactful events that occurred on the property, such as murders or suicides, or about the activities of neighbors.
Rhode Island
- Primary forms of conveyance: Warranty deed, quitclaim deed, bargain and sale deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
To complete a Rhode Island real estate transaction, a seller must provide a buyer with substantial disclosures. Many of these issues relate to the structural features of the home, such as the roof, insulation, fireplaces, water supply, and heating and electrical systems. In addition, a seller must disclose external issues that may affect the property, such as building code violations, the property tax rate, any homeowners’ association fees, the presence of convicted felons, and any flood plain or wetlands in which the property is located. Lead paint, radon, toxic mold or waste, wood rot, diseased trees, and other health and safety hazards must be disclosed. Some disclosure requirements are more unusual, such as revealing whether the property contains a cemetery or burial ground.
South Carolina
- Primary form of conveyance: General warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: Yes
A seller in a South Carolina real estate transaction must provide the buyer with a disclosure statement that covers known defects on the property. However, if the seller and the buyer agree to waive this requirement and state the waiver in the contract, the seller does not need to provide disclosures. Any issues must be disclosed if they would make the property less valuable or appealing to a buyer, such as structural problems, malfunctioning systems or fixtures, environmental hazards, or construction liens. A seller also must tell the buyer about land use restrictions and any homeowners’ association rules that may apply. If a seller later discovers that information on the form is inaccurate or incomplete, or if a new defect arises, they must either fix the issue or provide the buyer with an amended disclosure statement.
South Dakota
- Primary form of conveyance: Warranty deed
- Primary form of encumbrance: Mortgage
- Attorney required: No
In a South Dakota real estate transaction, a seller must inform the buyer about any known issues with the property that could reduce its value or affect its overall condition. A seller must disclose only issues of which they are actually aware, but they must not conceal any of these issues. If a seller arranges for an inspection before the sale, they should disclose any problems that were reported after the inspection but not addressed. The seller must certify to the buyer that the home contains the legally required number of functioning smoke detectors. The seller does not need to tell the buyer about paranormal activity on the property, but they must provide information about murders, suicides, or felonies on the property during the previous year.
Tennessee
- Primary forms of conveyance: Warranty deed, quitclaim deed
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: No
Unless the seller and the buyer agree to waive this requirement, the seller in a Tennessee real estate transaction must provide the buyer with a disclosure statement before transferring ownership. In the statement, the seller also must suggest to the buyer that they may want to arrange for a property inspection. Issues addressed by the disclosures include structural problems, environmental hazards, and problems with the heating, air conditioning, and other systems. Disclosures also cover title issues, boundary disputes, construction liens, and other legal problems. The seller only needs to describe material defects of which they know, and they do not need to arrange for their own inspection. Psychologically impactful events, such as a murder or suicide on the property, do not need to be disclosed.
Texas
- Primary forms of conveyance: General warranty deed, special warranty deed
- Primary forms of encumbrance: Deed of trust, vendor’s lien retained in deed
- Attorney required: No
On or before the effective date of the purchase and sale agreement, a seller in a Texas real estate transaction must provide the buyer with a disclosure statement. Otherwise, the buyer has the right to terminate the agreement within seven days of receiving the statement. The seller must disclose any material defects on the property of which they are aware. These include structural damage, environmental hazards, pest infestations, and the condition of special features, such as a swimming pool. However, they do not need to arrange for a property inspection to look for problems that they cannot find on their own. A seller also does not need to tell the buyer about psychologically impactful events that occurred on the property, such as suicides or fatal accidents.
Utah
- Primary forms of conveyance: Warranty deed, special warranty deed
- Primary forms of encumbrance: Mortgage, deed of trust
- Attorney required: No
Before completing a Utah real estate transaction, a seller must inform a buyer about known material defects that an ordinary buyer would not be able to find through a reasonable inspection. Utah law specifically requires sellers to disclose whether a home has been contaminated due to methamphetamine activities. Disclosures extend much further, though, and range from environmental hazards, problems with appliances or equipment, structural damage, pest infestations, and water damage to zoning violations, boundary disputes, easements, and governance by a homeowners’ association. A seller does not need to disclose psychologically impactful events on the property, such as a murder or suicide, but they cannot lie in response to a direct question about them.
Vermont
- Primary forms of conveyance: Warranty deed, quitclaim deed, fiduciary’s deed with license to sell
- Primary form of encumbrance: Mortgage deed
- Attorney required: Yes
Under state law, a seller in a Vermont real estate transaction must inform the buyer in writing about any problems with the home of which the seller is aware. If a seller conducts a pre-sale home inspection, they must disclose any defects described in the ensuing report that have not been resolved. A seller must comply with lead paint disclosure requirements and must provide the buyer with a smoke detector certificate, stating that the home has the appropriate number of functioning smoke detectors. A seller does not need to tell a buyer about suspicions that the house is haunted, nor do they need to tell the buyer that a crime occurred on the property. Completing the disclosures allows each side to negotiate the purchase and sale agreement with optimal clarity.
Virginia
- Primary forms of conveyance: General warranty deed, special warranty deed
- Primary form of encumbrance: Deed of trust
- Attorney required: Yes
Under state law, a seller in a Virginia real estate transaction must complete a Residential Property Disclosure Statement to inform buyers that they are responsible for inspecting the property. A seller thus is not required to tell a buyer about the condition of the property or provide a warranty, except in certain situations provided by statute. These include issues involving the septic system, previous meth manufacturing activities on the property, building code or zoning ordinance violations, military air installations, and stormwater management facilities. A seller also must not lie to the buyer or intentionally conceal known defects. If the seller does not provide the buyer with required disclosures before the parties sign the contract, the buyer can back out of the contract after receiving the disclosures.
Washington
- Primary forms of conveyance: Warranty deed, bargain and sale deed, quitclaim deed; non-statutory deeds sometimes used
- Primary forms of encumbrance: Deed of trust, mortgage, long-term real estate contract
- Attorney required: No
A seller in a Washington real estate transaction generally must make certain disclosures to a buyer. Issues covered by the disclosures include structural problems, the water and sewage systems, the condition of systems and fixtures, title issues, and environmental hazards. If the property is governed by a homeowners’ association, the seller must inform the buyer about common areas and tell them how to get the governing documents. Additional disclosures apply to property that contains a mobile or manufactured home. Separate requirements apply to homes that have never been occupied and to unimproved property that is zoned for residential use but does not contain residential units. A seller does not need to inform a buyer about the presence of registered sex offenders in the area.
West Virginia
- Primary forms of conveyance: General warranty deed, special warranty deed, quitclaim deed
- Primary form of encumbrance: Deed of trust; mortgage sometimes used
- Attorney required: Yes
Seller disclosures in a West Virginia real estate transaction cover a broad range of issues, including the water and sewage systems, structural defects, and problems with the heating, air conditioning, electrical, and plumbing systems. A seller also must tell a buyer about any zoning violations or illegal activities on the property, such as meth manufacturing, even if those activities occurred in the past. Disclosures cover environmental hazards, such as the presence of lead paint, radon gas, mold, asbestos, or mining operations. A seller must indicate the presence of insulation and any chimneys or fireplaces. They must disclose problems with smoke detectors and similar safety issues, as well as water damage, drainage issues, and soil problems.
Wisconsin
- Primary forms of conveyance: Warranty deed, installment land contract
- Primary form of encumbrance: Mortgage
- Attorney required: No
During a Wisconsin real estate transaction, a seller must provide a real estate condition report to a buyer, unless the parties agree to waive this requirement. The report covers issues such as structural defects, the heating and air conditioning systems, environmental hazards, boundary disputes, and liens on the property. A seller of a condominium must tell a buyer about the condominium association and any fees or assessments that are due or owed. In general, a seller must inform a buyer about any problem that would significantly diminish the value of the property, significantly shorten its normal life, or pose a significant risk to the health or safety of its occupants. A seller must disclose only known defects and does not need to search for problems. A seller must provide the report to the buyer within 10 days of accepting their offer.
Wyoming
- Primary forms of conveyance: Warranty deed, quitclaim deed
- Primary form of encumbrance: Mortgage with power of sale; trust deed sometimes used
- Attorney required: No
A seller must provide certain disclosures about the condition of a property to a buyer in a Wyoming real estate transaction. In general, a seller must tell a buyer about any known material defects on the property. A material defect is a problem that reasonably could be expected to significantly diminish the value of the property. Some of these issues include pest infestations (past and present), as well as the presence of hazardous substances, such as asbestos, radon gas, and toxic mold. The seller must tell the buyer about major repairs for which they arranged, since these could lead to future problems. Specific requirements related to lead paint apply to homes built before 1978, which may be tested for this hazard at the buyer’s discretion.