Seller disclosures: reading what the seller must tell you

At some point in the transaction, the seller hands you a stack of forms disclosing what they know about the house — past leaks, a dead furnace, a boundary dispute, a history of flooding. Disclosures are one of your best free sources of information about a home, and also one of the most misread. They tell you what the seller knows and is required to reveal, which is not the same as everything wrong with the house. Reading them well, and understanding their limits, is a core buyer skill.

What sellers generally must disclose

Disclosure requirements are set mostly at the state level, so the exact form and scope vary widely — but most states require sellers to reveal known 'material defects,' meaning problems that could affect the property's value or a buyer's decision. Common categories include known issues with the roof, foundation, plumbing, electrical, and HVAC; water intrusion and mold; past repairs and insurance claims; boundary or easement disputes; and environmental hazards. One disclosure is federal and nearly universal: homes built before 1978 require a lead-based paint disclosure.

• Known material defects in major systems and the structure.
• History of water damage, flooding, leaks, or mold.
• Past repairs, renovations, and insurance claims the seller is aware of.
• Legal issues: boundary disputes, easements, liens, or unpermitted work they know about.
• Environmental and safety items — and, for pre-1978 homes, lead-based paint.

What 'as-is' actually means

An 'as-is' sale means the seller won't make repairs or offer credits for defects — you buy the property in its current condition. What it usually does not mean is that the seller escapes the duty to disclose known material defects; in most states, disclosure obligations still apply to an as-is sale. And 'as-is' rarely eliminates your right to inspect and to walk away during your inspection window. So an as-is listing changes who fixes things, not necessarily your right to know about them or to back out.

How to use disclosures well

1. 1
   Read every line and note the gaps

   Pay attention to what's checked 'yes,' but also to vague answers, 'unknown' boxes, and anything left blank. Those are questions to ask.

2. 2
   Cross-check against the inspection

   Give your inspector the disclosures. A disclosed prior leak tells them exactly where to look hardest; a fresh paint patch over an undisclosed area is worth investigating.

3. 3
   Ask direct written questions

   If something is unclear or conspicuously absent, ask in writing. A seller's written answer becomes part of the record.

4. 4
   Check permit history for undisclosed work

   A renovated kitchen with no permits on file is a red flag the disclosure may not capture — pull the county's permit records.

The bottom line

Seller disclosures reveal the known problems a seller is legally required to share — a valuable, free starting point that stops well short of a full picture. Read them closely, note the blanks, and hand them to your inspector so they know where to look. Remember that 'as-is' usually changes who pays for repairs, not your right to know or to inspect. Use disclosures to aim your diligence, and let the inspection, not the form, be your safety net.