What disclosures am I required to make when selling my home?

Disclosure law is one of the areas where I'm most direct with FSBO sellers: this is not something to Google and hope you got it right. Disclosure requirements vary significantly by state, they change more often than most people realize, and the consequences of getting them wrong range from deal-killing to legally expensive.

With that said, here's what you need to understand at a foundational level, and then what you actually need to do about it.

Disclosure requirements exist to ensure buyers have access to material information about a property before they commit to purchasing it. "Material" is the key word. It means information that a reasonable buyer would consider important in deciding whether to buy and at what price. Hidden defects, known environmental hazards, property boundary disputes, HOA litigation, past flooding: these are the kinds of things that trigger disclosure obligations.

Every state has its own rules. Some states have mandatory seller disclosure forms, standardized documents that sellers must complete covering everything from roof condition to neighborhood nuisances. Others have a more general "material defect" standard where sellers are expected to disclose anything significant without a specific form to follow. Virginia, for example, has its own disclosure framework that covers specific categories of defects and explicitly addresses things like proximity to military air installations, Chesapeake Bay Act requirements, and sex offender registry disclosures. Items that wouldn't occur to most sellers to think about.

Most sellers think about disclosures only in terms of physical defects, the roof they repaired, the basement that used to leak. Physical condition is absolutely part of it, but disclosures also extend to legal and environmental issues: boundary disputes, easements, encroachments, known subsidence, HOA violations you've received, permit work done without permits, and in many states, any material facts affecting the property's value or desirability that a reasonable buyer would want to know.

The municipal and local layer most sellers miss: Beyond state disclosure forms, many cities, townships, and counties have their own requirements. Depending on where you live, local ordinances may require specific smoke detector certificates, point-of-sale municipal sewer inspections, or disclosures regarding unpermitted DIY work on the property. Missing a mandatory municipal form can give a buyer legal leverage to renegotiate or delay closing at the last minute. A local real estate attorney or title company can often verify what local requirements apply to your specific address before you list.

The Google trap catches a lot of FSBO sellers. A seller searches their state's disclosure requirements, finds an article from 2021, reads through it, and thinks they're covered. Disclosure law is updated through legislation, regulation, and court decisions. An article from even two years ago may not reflect the current standard. The only reliable sources are your state's current statute, the current forms published by your state's real estate commission, or an attorney who practices real estate law in your state.

Get the current disclosure form for your state from your state's real estate commission website. These are typically available for free. Complete it carefully and honestly. For anything you're unsure about, lean toward disclosure rather than omission. If a defect is significant or legally complex, spend the money on a real estate attorney to review your disclosure before you list. That consultation costs a few hundred dollars. An undisclosed material defect that surfaces after closing can cost orders of magnitude more in repairs, credits, litigation, or all three.

The Disclosure Research Guide in the JoeFSBO toolkit walks you through the categories of issues to think through for your property. Use it as a starting checklist, then verify your state's current requirements independently.