New York law requires most property sellers to disclose known home defects to buyers, covering structural, environmental, and other physical and legal issues.
The seller must complete the “Seller's Real Property Disclosure” form, detailing the condition of the property, known defects, and any other aspects of the property which may affect its use or value. A real estate licensee, unless he is the seller of the property, may not complete this form.
What Should A Seller's Disclosure Include? List of specific issues the homeowner must check off if the home has them. Questions about the property the seller must answer with “Yes,” “No” or “Unknown” Space to provide further explanation of the issue and if it was fixed.
Purpose of Disclosure Form: This is a statement of certain conditions and information concerning the property actually known by the owner.
Examples of material facts that must be disclosed include structural problems with the house, soil problems, a leaking roof, unpermitted construction, neighborhood noise problems, and anything else that a buyer would deem to be important.
What Should A Seller's Disclosure Include? List of specific issues the homeowner must check off if the home has them. Questions about the property the seller must answer with “Yes,” “No” or “Unknown” Space to provide further explanation of the issue and if it was fixed.
The following states are currently non-disclosure states: Alabama, Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wyoming.
However, there are four states which are certified by HUD: Arizona, California, Florida, and Minnesota. If you have effectively registered with those states, HUD will accept that state's disclosure document in lieu of the standard Federal registration.
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.
In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.