In general, a disclosure document is supposed to provide details about a property's condition that might negatively affect its value. Sellers who willfully conceal information can be sued and potentially convicted of a crime. Selling a property "As Is" will usually not exempt a seller from disclosures.
Almost every U.S. state has passed laws mandating that sellers give buyers specific information about what structural and other features the house contains, and their condition. In some cases, the brokers must speak up about hidden conditions, too.
In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.
Purpose of Disclosure Form: This is a statement of certain conditions and information concerning the property actually known by the owner.
Section 5302.30 | Property disclosure form required for all residential real property transfers.
Who Qualifies for Disclosure Exemptions? Trustees and Fiduciaries. Court-Ordered Sales. Foreclosure and Deed in Lieu of Foreclosure. Transfers Between Related Parties. Government-Related Transactions. Non-Residential or Lease Transfers.
A minority of states require sellers to make certain disclosures when selling commercial real estate specifically. These states are California, Maine, Michigan, Minnesota, New Hampshire, Tennessee, Texas, and Washington.
Texas law mandates that sellers must complete a Seller's Disclosure Notice, a form that outlines the property's condition and any known defects.
“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains subject to 12 exceptions.” 5 U.S.C. § 552a(b).