Offers and contracts

Seller disclosures: what sellers must tell you and when

A seller disclosure is the one document in a purchase written from the point of view of someone who has lived in the house. It is not an inspection or a warranty, but it tells you what the seller knows, and in many states its timing gives you a right to walk away.

Reviewed November 2026 · Written for Buy Home Tips from the sources listed below

Sellers know things about their homes that no inspector can see in two hours: the basement that flooded during a storm, the roof repair after hail, the addition built without a permit. Seller disclosure laws exist to put some of that knowledge on paper before you commit.

The rules are mostly set by states, so they vary. This guide uses Texas and California as examples because their statutes spell out the timing clearly, and adds the federal lead rule that applies everywhere.

What a disclosure is, and is not

A disclosure is the seller's written statement of what they know about the property's condition. The Texas form puts it plainly at the top: it is a disclosure of the seller's knowledge as of the date signed, it is not a substitute for inspections or warranties the buyer may want, and it is not a warranty of any kind by the seller or the seller's agents.

That framing matters. A disclosure tells you where to look. It does not tell you everything that is wrong, and a clean form does not replace an inspection.

Texas: Property Code section 5.008

Texas requires a seller of a single-dwelling residential property to give the buyer a written disclosure notice that contains at least the items in the statute. The Texas Real Estate Commission publishes a form that tracks it.

What it covers. The statutory notice asks about equipment and systems, known defects in structural components, conditions such as termite damage, previous structural or roof repair, water damage not due to flooding, asbestos components, lead-based paint and radon, and flood history and flood zone location. It also asks about unpermitted additions, HOA fees, deed restriction violations and lawsuits affecting the property.

Timing. The seller must deliver the notice on or before the effective date of the contract. If the contract is signed without it, the buyer may terminate the contract for any reason within seven days after receiving the notice.

Unknown answers. The statute says that if the seller does not know the information, indicating that on the form satisfies the requirement.

Exemptions. Some transfers are exempt, including foreclosure and court-ordered sales, transfers between co-owners or to a spouse or close relative, and new homes that have never been occupied.

California: Civil Code section 1102.3

California sellers generally deliver a Transfer Disclosure Statement. Section 1102.3 requires it as soon as practicable before title transfers. If it is delivered after the buyer signs an offer, the buyer may terminate within three days after delivery in person or five days after delivery by mail or electronically, by written notice to the seller or the seller's agent.

Federal: lead-based paint for pre-1978 homes

For most housing built before 1978, EPA's real estate disclosure rule requires sellers to disclose known lead-based paint and hazards, provide available reports and give buyers EPA's lead pamphlet before the buyer is obligated under the contract. The contract must include a lead warning statement, and buyers get a 10-day opportunity to test unless they agree otherwise or waive it in writing.

How to read a disclosure

Read the yes answers first. Each one should have an explanation. If it does not, ask.

Then the unknown answers. Unknown is a legitimate answer for a seller who never used the pool heater or who bought the house as an investment. It also means you have no information. Make sure your inspection covers those areas.

Ask for documents. Repairs, replacements and insurance claims usually leave paper: invoices, permits and warranties that may transfer. Ask for them.

Compare sources. Check the disclosure against the listing description, what you saw on tours, the inspection report and any association documents. Inconsistencies are worth a question.

Give it to your inspector. An inspector who knows about a past leak can look harder at the area around it.

When something seems missing

If you find a problem the seller appears to have known about and did not disclose, talk to your agent and, if needed, a real estate attorney in your state. Your options depend on state law, your contract and when you discovered it. Before closing, the usual tools are your inspection contingency, any option period and negotiation. After closing, they are more limited and slower.

The bottom line

A seller disclosure is the seller's account of what they know, not a warranty. In Texas and California, a late disclosure gives you a short window to terminate, and federal law adds lead disclosures for homes built before 1978. Note the date you receive the form, read every yes and unknown, ask for documents and share it with your inspector.

When you receive the disclosure

Note the date you received it and any deadline it starts.
Read every yes and unknown answer, and the explanations.
Compare it with the listing, the inspection and any HOA documents.
Ask for repair invoices, permits and warranties for anything mentioned.
Give the form to your inspector before the inspection.
Talk to your agent or attorney before any termination deadline passes.

Questions buyers ask

Are sellers required to disclose problems?

In many states, yes, through a state disclosure form or statute. Requirements vary widely by state, and some transfers are exempt. Federal law separately requires lead-based paint disclosures for most homes built before 1978.

What if I get the disclosure after I sign the contract?

It depends on the state. In Texas, if the seller did not give the notice before the contract took effect, the buyer may terminate for any reason within seven days after receiving it. In California, a buyer who gets the Transfer Disclosure Statement after signing has three days after hand delivery or five days after mail or electronic delivery to terminate in writing.

Is a seller disclosure a warranty?

No. The Texas form, for example, states that it is a disclosure of the seller's knowledge as of the date signed, not a substitute for inspections and not a warranty of any kind.

Can a seller mark everything unknown?

Texas law says that if the seller does not know the information, marking it unknown complies with the statute. That is why unknown answers deserve follow-up questions and a thorough inspection.

Sources checked for this page

Checked November 2026. Programs and limits change; confirm with the source before you rely on a figure.