State By State Guide To Real Estate Forms For Home Sellers
Ohan Antebian

Ohan Antebian

Oct 31, 2018

FSBO | Home Buyers | Home Sellers

Paperwork, specifically legal real estate forms, contracts, and disclosures, are quite abundant when it comes to the buying and selling of real estate property. You’ll spend hours deciphering legalese and sifting your way through stacks of paperwork; reading and signing, reading and initiating, etc.

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And if that itself weren’t enough, the forms you need to properly conduct a property transaction vary from state to state. That’s right, fifty different form requirements. Not so nifty.

Sold.com is here to help you navigate your way through all those state-specific stacks of paper. Our State-By-State Guide To Real Estate Forms will prepare you for exactly what you need, whether you live in Alabama or Wyoming.

Forms All Homesellers Need

Sales Contract

A Purchase Agreement, Purchase Offer, Bill of Sale, or Sales Agreement are all different names (used in different locales) for a legally-binding document that lays out all the terms and conditions of the sale. This document will be used to guide the settlement agent and/or attorney who are handling the escrow. It sets out all the conditions that must be fulfilled before the transaction can close (including things like inspections, disclosures, and financing). Every state will have some version of this.

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The Deed

The deed is the document that actually transfers the property. While state law will dictate some of the details, you always get to choose how you “take title.” The most common forms are: individually, in trust, as joint tenants, or as tenants-in-common. The executed deed is then given to the county recorder and becomes part of the public record.

Title Documents

Clear title is necessary for any property transaction to take place. Because of this, a title insurance policy (or owner’s policy) is required. Title policies protect against any issues that may arise – everything from fraud to simple recording errors. Additionally, most transactions will require an affidavit of title or seller’s affidavit. The name varies state-by-state, but the idea is the same. It’s a notarized document confirming the seller’s ownership of the property and describing any and all possible “title defects” (e.g., liens, leases, boundary disputes, etc.)

Disclosures

Disclosure laws – and documents – and probably what varies most from state to state. Make sure to click on your state (below) to find out what your state specifically requires.

Lead disclosure, by the way, is a federal law, so this form must be filled out for any real estate property transaction. If you know that your property resides in a Municipal Utilities District (MUD), there may be specific disclosure requirements (your MUD should be able to provide the form).

In most states, sellers give disclosure documents to buyers once an offer has been accepted. This gives the buyer a chance to review the documents and perhaps even back out if there is something negative about the property they hadn’t realized.

In a few states, sellers actually must provide disclosure before an offer is accepted.

Transfer Tax Declarations

Many states charge transfer taxes for real estate sales. But so do certain counties and municipal governments! They will all require you to sign declarations detailing the purchase price and calculating the tax. That’s the bad news. The good news is that whoever is handling your closing should provide all the necessary forms.

Loan Documents

Obviously, in an all-cash transaction, loan documents are not required. If a lender is involved, they will have specific document requirements (many of them legally mandated). Most will require copies of the sales contract, as well as any counter-offers or addenda. They will also want a copy of the title search and escrow instructions. At closing, buyers must sign a promissory note, promising repayment of the full loan amount, as well as a Deed of Trust (or Trust Deed). This document links repayment of the loan with the title (ownership) of the property. This is what allows the lender to foreclose if the buyers fail to repay the debt.

Lenders used to have to provide a Settlement Statement or HUD-1 form, but this requirement has recently been superseded by the “TILA/RESPA Integrated Disclosures” or TRID.

In any case, your lender will provide all the necessary forms, so these are not something you will need to provide or worry about.

State-Specific Forms For Disclosures

While someone using a real estate agent doesn’t have to worry about obtaining all these forms (their agent will take care of it), it’s still a good idea to be familiar with what you’ll be signing.

And if you’re selling your home as an FSBO (For Sale By Owner), then you need to handle this part on your own. Good thing you’re used to doing some research and some legwork on your own, too. It’s also a good time to remind you to hire a real estate lawyer, as they will have a good handle on what forms you need.

Now that you know in general what kind of forms are involved in a real estate transaction, let’s see what your state specifically requires.

Alabama Real Estate Forms

Alabama is one of the few states that place more responsibility on the buyer than the seller in discovering home defects. Alabama abides by “caveat emptor”; which means, “let the buyer beware.”

With caveat emptor in effect, the seller does not have to make the buyer aware of issues with the home’s physical condition during the sale.

Alaska Real Estate Forms

When it comes to disclosure requirements, Alaska’s might be the most unique. A nine-page form, it contains a checklist of boxes that covers dozens of locations throughout the home, including:

  • Property features
  • Structural Components
  • Drainage
  • Leakage
  • Fireplace or woodstove
  • Water supply
  • Sewer system
  • Utility costs

The disclosure must be filled out and offered to buyers before they can put in an offer.

Arizona Real Estate Forms

Arizona does not have a specific disclosure form that a seller must complete. The state Realtor associations provide the most used version, which is basically a checklist format that covers certain property features and any known issues.

The Arizona disclosure statement is made up of six sections:

  • Ownership and Property
  • Building and Safety Information: Covers basic structural areas and pests/reptiles.
  • Utilities
  • Environmental Information: Lead-based paint, mod, asbestos, etc.
  • Sewer/Waste Water Treatment
  • Other Conditions and Factors: Swimming pool barrier disclosure, condo info, soil condition, military airport, and unincorporated areas.

Arkansas Real Estate Forms

Arkansas also uses the caveat emptor clause and does not require home sellers to offer a disclosure form or statement to a potential buyer of your house.

The Arkansas Real Estate Commission (AREC) does suggest that real estate agents adhere to certain regulations, but those are not applicable to a For Sale by Owner transaction. If you’re buying a home in Arkansas, it’s entirely on you to properly and fully inspect the home for defects or problems. The seller, FSBO or not, is expected to cooperate with the buyer and their inspection.

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California Real Estate Forms

California has some of the country’s most detailed and rigid seller disclosure requirements, in a form named the “Transfer Disclosure Statement” (TDS). Selling a home in California also requires another disclosure form called the Natural Hazard Disclosure Report.

The Transfer Disclosure Statement requires the seller to list information about a wide range of issues, including:

  • Structural information such as roofs, cracks, slabs, electrical, plumbing, etc.
  • If anyone has died in the home within the last three years
  • Info about all appliances in the home and whether they convey or not
  • Any and all damage incurred
  • Noise issues

The California Natural Hazard Disclosure Statement covers whether the property is located within a:

  • Flood hazard area
  • Forest fire risk
  • Earthquake fault zone

It’s not a form or a disclosure, but California law also requires the seller to let the buyer know the location of any registered sex offenders within a certain radius of the home or neighborhood. That type of information can easily be found on various websites.

Colorado Real Estate Forms

State laws in Colorado dictate that residential sellers must make the following information available to home buyers:

  • Whether or not the home is in a special taxing district
  • Whether the property is part of a common interest community
  • Whether the home or surrounding structures was used as a methamphetamine-making lab or facility
  • The property’s source of potable (drinkable) water
  • Any ongoing or proposed mass transportation projects (such as a light rail project)
  • Mining information, including surface and/or mineral rights, plus any oil and gas extraction

New to Colorado disclosure forms is the Green Disclosure (Energy) form. Completed by the home seller only, the GD lets the buyer become informed about any and all energy-saving aspects and features that exist and work on the property. Items such as:

  • Any sustainable materials used for structure building
  • Indoor air quality, including if any air filters are in place
  • Construction type, if it pertains to environmental standards
  • Any “green” appliances, such ENERGY STAR products

Connecticut Real Estate Forms

Connecticut’s Department of Consumer Protection provides the state’s home sellers with a uniform disclosure form. Made up of thirty-six questions, it covers basic topics such as what year the home was built and how long you have occupied the home, to specific inquiries about the condition and any known problems with the electrical system, the heating, the plumbing, etc.

Unique to many disclosure forms, the Connecticut version provides the seller with extra space to elaborate in greater detail about any question, and it encourages the seller to attach additional pages if need be.

Delaware Real Estate Forms

Delaware boasts what is arguably the most comprehensive and most in-depth home seller’s disclosure form. With a total of 200 questions amongst 15 categories, the Delaware disclosure form goes so far as to ask questions about 40 different home appliances!

This is all due to the Buyer Property Protection Act of Delaware, which stipulates that all sellers must fill out the 7 page Seller’s Disclosure of Real Property Condition Report. Questions range from whether you currently occupy the home to how old the furnace is. The law also requires that home sellers inform the buyer about radon tests or inspections and any known radon hazards.

For more helpful home selling tips, visit Sold.com! For personalized options, take our Home Seller Evaluation now!

Florida Real Estate Forms

Florida has laws in the books that state a home seller must disclose facts and conditions about the home they are selling to a buyer. The Florida Realtor Association provides sellers with a form that covers various areas of the home, including:

  • Any legal claims, orders, complaints or court proceedings that may affect the property
  • Membership or subject to the rules of a condo association
  • Any disputes concerning the home’s boundaries
  • Information on any history of sinkholes
  • Environmental hazards such as asbestos, Chinese drywall, lead, and/or mold
  • Any infestations or damage that has occurred from wood-destroying termites or carpenter ants
  • Any issues with major structural and utility components of the home, such as appliances, HVAC, electrical, plumbing, roof, and more

Georgia Real Estate Forms

In Georgia, honesty seems to trump written disclosure forms. According to Georgia law, home sellers are not required to complete a specific disclosure form. And Georgia courts expect home sellers to honestly answer any question a buyer has about their home. (How this “honesty”, or lack thereof, is monitored or proven is yet to be determined.)

It also seems that Georgia is more focused on what sellers do NOT have to disclose, than disclose. According to state law, a home seller in the Peach State does not need to inform a buyer about:

  • Any diseased person ever occupying the home
  • A serious or violent crime was committed within the home, such as homicide, any felonies, suicide, or any other death (including murder)
  • Any registered sex offenders who may reside in the area

So in Georgia, you don’t have to tell would-be homebuyers about the murders that took place in your master bedroom, but if the buyer asks the question, “Did any murders take place in this home?”, the seller must truthfully answer. Moral of the story?

If you’re a home buyer in Georgia, ask LOTS of questions.

Hawaii Real Estate Forms

The Hawaii Association of Realtors provides a standard disclosure form for home sellers to download and fill out. This 4-page document covers 7 specific areas of the home:

  • Section A: any issues with appliances not working or performing properly or that needed repair
  • Section B: covers various property conditions, ranging from whether there is landfill on the property to any known easements
  • Section C: covers renovations or improvements to the property. Has the roof been repaired? Have you completed any add-ons? Hired any insect exterminators?
  • Section D: asks about any homeowners’ associations the seller may be a part of
  • Section E: utilities, specifically the home’s water and gas sources
  • Section F: condominium rules such as parking rules, whether pets are allowed, etc.
  • Section G: is the home part of a Planned Community?

Idaho Real Estate Forms

The Famous Potatoes state has a relatively simple disclosure process.  Their two-page form requires the seller to answer a set of questions in regards to the property.  This completed form must be presented to the buyers within 10 days of the date of their offer to purchase the property. The form covers:

  • the foundation of the home
  • the electrical system
  • the heating and air
  • the plumbing system
  • the septic system.
  • hazardous materials or pest infestations

Illinois Real Estate Forms

Disclosure law in Illinois is called the Illinois Residential Real Property Disclosure Act and it applies to all home sellers. The state form that needs to be completed is referred to as the “Residential Real Property Disclosure Report”, which asks “Yes”, “No”, or “N/A” questions in regards to:

  • any unsafe conditions
  • boundary line disputes
  • environmental issues
  • flood history and risk
  • material defects in specified structures, components, and systems
  • municipal code violations

In addition to the disclosure form, The Illinois Radon Awareness Act says that the seller must give the homebuyer two informational pamphlets about radon hazards before any contracts are signed.

Indiana Real Estate Forms

According to Indiana’s Residential Real Estate Disclosure Law, “The Residential Real Estate Sales Disclosure” form must be filled out by home sellers and given to homebuyers prior to the sale of the property. A fairly standard disclosure form, it asks the seller questions about:

  • the condition of any and all major appliances
  • the age and condition of the furnace
  • whether the foundation has any major cracks?
  • the roof or the siding leaking
  • Are the support beams sound?
  • What is the condition of the septic system, if applicable
  • is the home zoned for residential use
  • does any part of the house or fence sit on someone else’s property?
  • has the owner experienced any termite or rodent problems?
  • is the home within one mile of an airport
  • was the house ever used as a methamphetamine lab.

Iowa Real Estate Forms

Iowa statutes require that home sellers “shall deliver a written disclosure statement to a person interested in being transferred the real property.”

The six-page form, issued by The Iowa Department of Licensing and Regulation, poses 19 questions to the seller about the material conditions that affect the property. The “Yes” or “No” questions ask about various areas throughout the home, including:

  • the basement
  • the condition of the roof
  • the sewer system
  • presence of Radon and Asbestos

Kansas Real Estate Forms

Kansas disclosure laws are very specific about what must be made known to the buyer from the home seller. There also is not one required form, different versions exist, but they all cover the same basic questions, including:

  • environmental hazards affecting the property
  • the physical condition of the property
  • any material defects in the property
  • any material defects in the title to the property
  • any material limitation on your ability to perform under the terms of the purchase contract.

Three more separate disclosures are also required, each one pertaining to a specific issue:

  • presence of radon gas (which is required nationally)
  • information about sex offenders living in the area
  • whether any special assessments apply, meaning extra municipal, county or state taxes

Kentucky Real Estate Forms

Made available by the Kentucky Real Estate Commission, the Kentucky home seller disclosure form is a four-pager that sections off its questions into ten various categories:

  • boundary lines and easements
  • construction or remodeling, such as any add-ons or teardowns
  • environmental issues such as the presence of asbestos, gas leaks or radon
  • foundation and basement, most notably if any are leaking
  • homeowners’ association memberships
  • land, drainage and flood zone information
  • roof history, repairs or leaks
  • sewer system; if a septic tank system is on site
  • systems such as plumbing, electric, heating, etc.
  • water, specifically if the drinking water has been tested

Louisiana Real Estate Forms

State law in Louisiana requires home sellers to disclose “any material facts… that negatively affect the property” to the potential homebuyer.

The Louisiana Real Estate Commission offers the form, which covers the basics in a checkbox “Yes” or “No” format. It also specifically states that the seller must disclose the following:

  • Whether or not the buyer is obligated to join a homeowners’ association
  • Whether or not a methamphetamine lab was in operation on the property
  • Whether or not a hole or cavity lies underneath the property and whether or not the property is within two thousand 640 feet of a solution mining injection well
  • Whether the property has been zoned for commercial or industrial use

Maine Real Estate Forms

Though there is not a mandated form, Maine has legislation that requires home sellers to disclose information about the following to homebuyers:

  • how the home gets its water
  • the insulation
  • the heating system
  • the waste and/or sewage disposal system
  • hazardous or harmful materials (e.g., asbestos, radon, etc.)
  • any other material defects

Disclosures must be made even if the home is being sold in “as is” condition.

Maryland Real Estate Forms

When it comes to home disclosures, Maryland is rather unique. Home sellers have the option of filling out a disclosure form or a disclaimer. They must choose between one or the other; they cannot fill out both.

If you opt for the disclosure route, you fill out a form, the Maryland Residential Property Disclosure and Disclaimer Statement. It’s a straightforward version of most states’ forms, asking questions about HVAC systems, the foundation, the roof, plumbing and electrical systems, etc.

If you choose the disclaimer, you fill out that part of the form. You are then telling the buyer that you the seller are selling the home “as-is,” and you are providing zero warranties or promises that the home is in good condition.

So why would anyone fill out the disclosure version? The real estate market usually dictates this. If homes are selling and most are disclosing, then that is what will sell the home the most quickly and for the most money. If it’s a seller’s market, you might only have to disclaim.

Massachusetts Real Estate Forms

As a “buyer beware” state, Massachusetts only legally requires the seller to disclose two things to the homebuyer:

  • The presence of lead paint in the home
  • The condition of the septic system, if it applies

Homebuyers must conduct their own home inspection, and the seller is fully expected to cooperate during that process. The seller must also truthfully answer any questions the buyer may have, and the buyer may ask for additional disclosures, but the seller is not legally obligated to do so.

Michigan Real Estate Forms

The Great Lakes state of Michigan put real estate disclosure laws into effect in 1993. They state that a “seller is required by law to tell the prospective buyer certain things about the property’s physical condition.”

A form is provided by the state, which the seller must complete and make available to the buyer. In some rare cases, mostly having to do with the transfer of real estate properties, a home sale disclosure is not required.

 For more helpful home selling tips, visit Sold.com! For personalized options, take our Home Seller Evaluation now!

Minnesota Real Estate Forms

Minnesota state law requires a mandatory disclosure of defects by the home seller. This written document, made available by the Minnesota Bar Association, must be completed by the seller and should contain details that make the buyer aware of any negative issues regarding the home.

A nine-pager, Minnesota’s disclosure form asks the seller to answer specific questions about the property’s condition. Some examples questions include:

  • the year the home was purchased and the year it was built
  • pets which have lived inside the home
  • structural replacements or upgrades
  • types of flooring and when they were last replaced
  • last time air conditioning was serviced and if it is working properly
  • history of roofing, including problem areas or leaks
  • any known asbestos
  • any water or air contamination

What Minnesota law does not ask about is whether there were deaths, illnesses, crimes, or reported paranormal activity in the house. Sellers also don’t have to disclose registered sex offenders in the neighborhood, nursing homes, or adult-care residential facilities.

Montana Real Estate Forms

While Montana, of course, prohibits sellers from directly misrepresenting their property, it has no laws requiring disclosure — and in fact, the courts enforce “caveat emptor” (buyer beware) clauses in purchase contracts. Montana’s only laws regarding disclosure concern what real estate professionals much disclose to potential buyers. If a seller is not using a realtor, these laws would not apply.

Nebraska Real Estate Forms

Home sellers in Nebraska must provide buyers with disclosures “on or before” the purchase contract is signed. Their law is very specific and states that the disclosure

must include: (a) condition of all appliances included in the sale (b) the condition of the electrical system; (c) condition of HVAC system (d) condition of water system; (e) condition sewer system; (f) condition of all improvements (like renovations or expansions); (g) any hazardous conditions (materials that might be an environmental hazard); (h) title conditions affecting the property (easements and zoning restrictions); and (i) utility connections (disclosing if public, private, or community).

The Nebraska Real Estate Commission has created an official form which covers all this.

Nevada Real Estate Forms

Nevada law provides that the seller must provide the buyer with a disclosure statement at least 10 days before closing. The buyer has the right to rescind the purchase at that point (so it is in the seller’s interest to provide the disclosure sooner than this, if possible).

While there is not a standardized form, the law requires the disclosure to include “all known material defects.” The Nevada Real Estate Division has devised a form that covers all the bases.

New Hampshire Real Estate Forms

Disclosure laws in New Hampshire are limited to a few specific aspects of the home. If applicable, sellers are required to provide information about their:

• Private water supply system.

• Private sewage disposal system.

• The home’s insulation.

Also, there are some laws regarding what information a realtor must disclose to prospective buyers. Perhaps because of this, the New Hampshire Association of Realtors provides a standard disclosure form, which even sellers who are going it alone may want to utilize to avoid potential problems.

New Jersey Real Estate Forms

While New Jersey has so specific statutes governing disclosure — and thus technically is a “caveat emptor” (buyer beware) state – the law makes it clear that by selling a home, the seller is warranting that the premises are habitable (even if the contracts contains an “as is” clause). Additionally, the way the courts have enforced the state’s laws doesn’t always work in the seller’s favor because according to “common law,” a New Jersey home seller has a duty to tell prospective buyers about known (even if concealed) defects in the property. Failure to do this could end up costing the seller more than whatever price reduction might have been negotiated if the seller had fully disclosed the defects.

If a property has any non-physical issues (such as a crime committed there or an alleged haunting), the seller does not have to disclose it  — unless the buyer specifically asks.  If asked, the sellers must tell the tale.

New Mexico Real Estate Forms

New Mexico is pretty standard in its requirements for disclosing all known defects, in writing. The state does not have a required form, but the New Mexico Association of Realtors has provided a sample one for sellers to use.

It is also fairly common to require, as New Mexico does, that disclosures be provided before a purchase offer is signed.  The state is unusual, though, is having specific requirements focusing heavily on taxes. Their laws require sellers to “(1) request from the county assessor the estimated amount of property tax levy with respect to the property and… specify the listed price as the value of the property to be used in the estimate” and “(2) provide a copy of the assessor’s response… in writing to the prospective buyer or the buyer’s broker.”

New York Real Estate Forms

While New York used to be a “caveat emptor” (buyer beware) state, the Property Condition Disclosure Act of 2002 changed that. Now sellers may be held liable if they fail to disclose information about their home. The law applies one- to four-family dwellings (but does not include raw land, condos, or cooperative apartments). Sellers must fill out a 48 question Property Condition Disclosure Statement detailing the condition of the property (however, there are exemptions if the property is being sold by court order or in a foreclosure action).

New York has an unusually low penalty ($500) for failure to provide a disclosure statement, and there are those who are tempted to pay the money instead of filling out the form (and possibly disclosing damaging information about their property). Be aware, though, that while the fee is low, paying the fine does not protect you from liability! The buyer could still come after you, so best to bite the bullet and fill out the form.

North Carolina Real Estate Forms

Home sellers in North Carolina must fill out a form called the Residential Property and Owners’ Association Disclosure Statement. In addition to all the usual requirements to disclose known defects, sellers must, in particular, disclose any information on radon gas they received from tests or inspections. Timing is important — North Carolina law states the disclosure must be provided “no later than the time the purchaser makes an offer to purchase, exchange, or option the property.”

North Dakota Real Estate Forms

North Dakota does not provide an official disclosure form. However, providing an accurate disclosure statement listing any known property defects is required.

Ohio Real Estate Forms

Home sellers in Ohio are required to fill out a disclosure form. However, there are exceptions if sellers are involved in a:

• Foreclosure or other kinds of forced sale

• Transfer between co-owners

• Transfer to the tenant (who has occupied the property for the previous two years)

• Family transaction

• House that seller inherited but hasn’t occupied in the last year.

Oklahoma Real Estate Forms

The Residential Property Condition Disclosure Act provides that sellers must provide either a “disclaimer statement” or a “property condition disclosure statement.”

Only people who haven’t lived in the property and have “no actual knowledge of any defect” can file the disclaimer. Otherwise, sellers must fill out a Disclosure Statement (written by Oklahoma’s Real Estate Commission).

Oregon Real Estate Forms

While you don’t have to use the form provided by the state, sellers DO have specific disclosure requirements relating to:

• Title and encumbrances

• Water sources and irrigation

• Sewage disposal

• Insulation

• Structure

• House systems and fixtures

• Common interests, such as HOA fees and shared common areas.

Pennsylvania Real Estate Forms

The Pennsylvania Association of Realtors has created a form called Seller’s Property Disclosure Statement. It lists the minimum statutory questions (as well as additional ones). Sellers are required to provide the filled-out form to buyers before each signs the purchase agreement.

Rhode Island Real Estate Forms

The Rhode Island Real Estate Commission created a disclosure form to be used in real estate transactions. This form is to be presented to buyers prior to the signing of a purchase contract. The form covers specific facts about the property (age, length of occupancy, local taxes or assessments, and the presence of any hazardous material, but also goes into depth regarding the condition of the property.

For more helpful home selling tips, visit Sold.com! For personalized options, take our Home Seller Evaluation now!

South Carolina Real Estate Forms

While South Carolina has laws mandating specific disclosures during a real estate transaction, it also has a clause stating that they don’t apply when “both parties agree in writing not to complete a disclosure statement.” But unless the buyer agrees to this, the seller must provide a disclosure statement including information on: (1) water supply/sewage system; (2) all structural components of the house (and any modifications to these components); (3) mechanical systems, including plumbing, electrical, and HVAC (4) any infestations (past or present) of wood-destroying critters (5) any building codes, zoning laws, boundary issues, or easements that affect the property; (6) presence of any environmental hazards; and (7) any leases/rental agreements..

Here is a  sample disclosure form created by the South Carolina Real Estate Commission.

South Dakota Real Estate Forms

South Dakota mandates that sellers use their own disclosure form. Moreover, it is a bit unusual in requiring that this form be filled out and provided to the buyer before the buyer puts in an offer. The form contains a long list of questions (about 100) covering all the areas you would expect. At the end of the form is an “other” clause, asking if the seller is aware of any other “material facts or issues” about the property. Clearly, the state wants full disclosure from the seller.

Tennessee Real Estate Forms

State law does require that sellers fill out a disclosure form, which must include details on known defects, environmental hazards, any remodeling done without a permit, any items included in the sale, any fire damage, and any noise problems in the neighborhood. However, unlike in some states, a buyer can agree to waive the disclosure requirement and buy the property “as is.”

Tennessee is one of the few states that does not require a lawyer to be part of the real estate transaction, even when the seller is not using an agent (FSBO). Regardless, though, it is wise to engage an attorney if you’re not using an agent!

Texas Real Estate Forms

For single-family homes, Texas has a particular disclosure form generated by the Texas Real Estate Commission (TREC) that must be filled out and delivered to the buyer before the purchase contract is considered legally binding. There may be additional disclosures depending on your property and its location (TREC has many of these additional forms. Most common are:

• Septic System

• Propane

• MUD Notice – if the property is within a Municipal Utility District, you must fill out a form specific to that district. Each district has its own version, so you will need to contact them directly for this.

Utah Real Estate Forms

Other than lead disclosure (which is a federal law) the only disclosure mandated in Utah is to let buyers know if there has been “use, storage, or manufacture of methamphetamines” in the home. (Utah Code. Annot. § 57-27-201.)

Vermont Real Estate Forms

While Vermont doesn’t have laws requiring seller disclosure, they do have regulations in place if you are using a licensed realtor. Vt. Admin. Code 20-4-1800:4.5 states agents must “fully and promptly disclose to a prospective buyer all material facts within the [agent’s] knowledge concerning the property being sold.”

Virginia Real Estate Forms

Sellers in Virginia are required to provide buyers with a signed “Residential Property Disclosure Statement.” In addition to all the more usual disclosure requirements, Virginia has some specialized requirements. Sellers must disclose if:

• There is a military air installation in the area. If so, the seller must say whether the house is in a noise zone or accident potential zone (or both).

• Defective drywall is present.

• There are pending building or zoning violations.

• House was previously used to manufacture methamphetamine.

Washington Real Estate Forms

Not every residential real estate transaction is subject to disclosure requirements in Washington, but if you’re selling a house or building with four or less units, then you are subject to these laws and must fill out Washington’s specific disclosure form.

West Virginia Real Estate Forms

Unlike most states, West Virginia has no law requiring sellers to give potential buyers a formal disclosure statement about their property, relying instead of “caveat emptor” (let the buyer beware) contract clauses. These laws, though, do not protect the seller from being sued, so many sellers will provide disclosure information even though it is not mandatory.

Wisconsin Real Estate Forms

Wisconsin home sellers must fill out a “Real Estate Condition Report” form. The form contains questions about any possible structural defects, including foundation, but also roof, HVAC, plumbing, and electrical systems. Additionally, the form addresses an environmental issue like contaminated well water, lead paint, radon, and asbestos. Lastly, there are questions focusing on legal issues (such as boundary disputes or encumbrances to the property). Wisconsin law requires sellers to provide buyers with this form within ten days of an accepted purchase offer being signed.

Wyoming Real Estate Forms

Unlike most states, Wyoming does not mandate that sellers provide buyers with a disclosure statement. Instead, the state relies on “caveat emptor” (buyer beware) clauses in contracts. This means that unless the seller did something to actively hide the defect from the buyer, it is up to buyers to do their inspections and find any defects.

Sellers do still have to sign (and have notarized) an Affidavit for Real Estate Sale or Transfer.

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