Real estate disclosures often raise plenty of questions for both buyers and sellers. Our advice? Always lean toward transparency. In our latest post, we’ll break down the legal requirements and what you’re obligated to share.
Being upfront about your property not only protects you from potential legal trouble—it also builds trust and shows integrity. Trying to hide problems like needed repairs or known issues can easily backfire. Whether it results in a lawsuit or just plain bad luck (if you’re the superstitious type), honesty is always the better strategy.
Most real estate lawsuits occur because of non-disclosure.
So, what exactly are you legally required to disclose? In short—anything that could impact the property’s value. Here are some key areas every seller should address:
- Land-related issues like poor drainage, unstable soil, or flood risks must be shared. Soil problems can limit future construction, and low-lying land may be prone to water damage.
- Foundation concerns, including uneven settling or visible cracks, should be disclosed. Left unaddressed, these can lead to serious structural problems down the line.
- Plumbing troubles—such as leaks, sewer line problems, or pipe damage—are major red flags. Water-related issues are often among the most expensive repairs.
- HVAC irregularities should be mentioned too. If your heating or cooling system isn’t working properly, it’s better to inform the buyer up front.
- Pest infestations, whether it’s termites, ants, cockroaches, rodents, or even moles, must be disclosed. Buyers have a right to know what they’re walking into.
- Roof damage like leaks, missing shingles, or signs of wear should be clearly communicated—no one wants to discover a roof problem during the next downpour.
- Lead-based paint disclosures are mandatory in most cases, especially for homes built before 1978. This one isn’t optional.
- Title issues—anything that could affect ownership or transfer of the property—need to be discussed early, not discovered at closing.
- Lastly, have records of repairs or insurance claims? Be prepared to show them. Buyers appreciate knowing what work has been done and how it was handled.
In addition, certain states require more detailed disclosures about hazard zones, including areas prone to flooding, earthquakes, or other environmental risks that could impact the land. Some states even mandate that any violent crimes committed on the property be disclosed to potential buyers. While not every state enforces these rules, it’s wise to err on the side of transparency. Ask yourself—if you were buying this home, what would you want to know?
Disclosures help a buyer learn as much as possible about a house before making their purchase.
You’re selling a great home—so be upfront about it. Holding back even a small repair issue can lead to much bigger problems down the road. Many homes hit unexpected snags during the buyer’s inspection, catching the seller off guard. Imagine discovering a hidden defect that suddenly drops your asking price. Your house is a complex system with many moving parts, which is why many homeowners choose to get a pre-listing inspection. This allows you to address any necessary repairs ahead of time, reducing the buyer’s leverage during negotiations. It also signals to buyers that you’re serious and transparent—committed to presenting the home in the best possible condition.
Keep in mind that disclosure laws vary by state. Your real estate agent, attorney, or broker can provide a checklist outlining what’s legally required where you live. Review the list thoroughly and add detailed notes, including dates of repairs and upgrades. Complete the form truthfully and thoroughly. And if you’re ever unsure, it’s best to consult a real estate attorney. Agents may steer clear of legal advice to avoid liability, so having legal clarity can give you peace of mind and protect your sale.
Remember, YOU CAN GET SUED for being dishonest.
And if you are found liable, you will need to pay for repairs, legal expenses, punitive damages and in some cases, the sale can be rescinded. Make sure you are working with a trusted professional to help guide you through real estate disclosures.
Are you selling your home in Lubbock? If you have questions, we have answers! Fill out this form, or give our office a call now! 806-630-0875