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.
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.
Property sellers are usually required by law to disclose negative information about a property. It is usually wise to disclose issues with your home, whether you are legally required to or not. The seller must follow local, state, and federal laws regarding disclosures when selling their home.
In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.
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.
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.
“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).
Ohio's disclosure requirement comes from a law called Ohio Revised Code § 5302.30, which requires people selling residential property containing one to four dwelling units to fill out a Residential Property Disclosure Form.
An effective disclosure statement should do the following: Identify all relevant parties involved. Determine and state the purpose of the disclosure. Outline and provide the information that needs to be included in the disclosure. Be written using straightforward, non-technical, and easy-to-understand language.
The seller is required to complete a Transfer Disclosure Statement (TDS). 6. You must provide the seller with a signed copy of the "Buyer's Inspection Advisory" and: have it signed and initialed by the seller.