Buying a Home? Here’s What Sellers Are Legally Required to Tell You

Buying a home is one of the biggest financial decisions most people make, and the excitement of finding “the one” can sometimes overshadow important details. While it’s true that buyers are expected to do their own due diligence through inspections and research, sellers also carry legal obligations. These disclosure requirements are designed to protect buyers from unexpected surprises—and in some cases, costly repairs or legal battles.

So, what exactly are sellers required to tell you before you sign on the dotted line?

Known Defects Must Be Disclosed

One of the most universal requirements is that sellers must disclose known material defects. These are issues that significantly impact the property’s value, safety, or usability. Examples include:

• Roof leaks or structural damage
• Mold or water intrusion
• Electrical or plumbing problems
• Foundation cracks
• Pest infestations

Even if the home looks picture-perfect, the law expects sellers to be upfront about hidden issues they are aware of. Failing to disclose these can lead to lawsuits after the sale.

Environmental Hazards

Certain hazards fall under mandatory disclosure because of the risks they pose to health and safety. Depending on where you live, sellers may be required to inform you about:

• The presence of lead-based paint (for homes built before 1978 in the U.S.)
• Asbestos or radon gas levels
• Nearby flood zones or wildfire risks
• Past or current toxic waste contamination in the area

These disclosures allow buyers to weigh whether they’re willing to take on the risks—or negotiate for remediation before closing.

Past Repairs and Renovations

In many jurisdictions, sellers must report significant repairs or renovations, particularly those that required permits. This helps buyers understand the property’s history and whether the work was done according to code. If permits were skipped, buyers may inherit both the risks and the responsibility for fixing compliance issues.

Discover: Construction Defects and How They Affect Real Estate Transactions

Deaths, Crimes, and “Stigmatized” Properties

This one varies widely by state or country. Some places require sellers to disclose if a death, violent crime, or other psychologically “stigmatizing” event occurred on the property. In other regions, sellers don’t have to volunteer this information unless directly asked. It’s always wise for buyers to check local rules and, if concerned, ask specific questions.

Neighborhood or Legal Issues

Sellers may also be required to share information about disputes that affect the property, such as boundary disagreements with neighbors, liens, or ongoing homeowners’ association (HOA) issues. These problems don’t disappear with a sale—so transparency is critical.

Protecting Yourself as a Buyer

While disclosure laws provide an important safety net, they aren’t foolproof. Buyers should still:

• Hire a licensed home inspector
• Ask direct, written questions about concerns
• Review local disclosure requirements with a real estate attorney or agent

Final Thoughts

Sellers can’t withhold critical information about a property just to make the sale. Disclosure laws exist to keep the process fair and to protect buyers from inheriting costly or dangerous problems. Still, buyers who pair these legal safeguards with their own thorough due diligence stand the best chance of moving into a home that feels like the right investment—and the right fit.

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!