Property Condition Disclosure Exceptions by State
Do I have to disclose everything? Most states require sellers to disclose known defects, but there are common exceptions—like estate/probate transfers, foreclosures/REO, and certain family transfers. Federal lead-based paint disclosures still apply to pre-1978 homes everywhere. Use this as a quick reference and confirm with your state’s rules or an attorney.
| State ▾ | StandardDisclosureRequired ▾ | CommonExceptions ▾ | AlwaysRequired ▾ | Notes ▾ | SourceURL ▾ |
|---|---|---|---|---|---|
| Alabama | Often limited (buyer-beware leaning) | Estate/probate, court-ordered, foreclosure/REO, certain family transfers | Lead-based paint (pre-1978) | Sellers still liable for fraud/nondisclosure. | View source |
| Arizona | Yes | Estate/probate, foreclosure/REO, court-ordered | Lead-based paint (pre-1978) | Standard SPDS used by many sellers. | View source |
| Arkansas | Buyer-beware (limited form use) | Estate/probate, foreclosure/REO, family transfers | Lead-based paint (pre-1978) | Fraud/concealment still actionable. | View source |
| Colorado | Yes | Estate/probate, foreclosure/REO, court-ordered | Lead-based paint (pre-1978) | Local forms common via brokers. | View source |
| Connecticut | Yes | Estate/probate, certain court-ordered | Lead-based paint (pre-1978) | State property condition report. | View source |
| Delaware | Yes | Foreclosure/REO, estate/probate | Lead-based paint (pre-1978) | Statutory form prescribed. | View source |
| Florida | Yes (case law on material defects) | Foreclosure/REO, estate/probate | Lead-based paint (pre-1978) | Material facts must be disclosed. | View source |
| Georgia | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Standard broker forms widely used. | View source |
| Idaho | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | State Property Condition Disclosure. | View source |
| Illinois | Yes | Court-ordered, foreclosure/REO, estate | Lead-based paint (pre-1978) | Statutory Residential Real Property Disclosure. | View source |
| Indiana | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Seller’s Residential Sales Disclosure required. | View source |
| Iowa | Yes | Estate/probate, certain court-ordered | Lead-based paint (pre-1978) | Includes hazardous materials line items. | View source |
| Kansas | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Use state/broker disclosure forms. | View source |
| Kentucky | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Property condition disclosure typically used. | View source |
| Louisiana | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | LREC form; written property disclosure required. | View source |
| Massachusetts | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Strict lead-paint notices also apply. | View source |
| Michigan | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Seller disclosure statement commonly used. | View source |
| Minnesota | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Statutory disclosures; form usage common. | View source |
| Mississippi | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Fraud still actionable. | View source |
| Missouri | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Fraud still actionable. | View source |
| New Jersey | Yes (varies by local custom) | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Form usage common though not always mandated. | View source |
| North Carolina | Mixed; buyer-beware elements | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | ‘Residential Property Disclosure’ often used; caveat emptor strands remain. | View source |
| Ohio | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Material defect nondisclosure can trigger liability. | View source |
| Pennsylvania | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Seller’s Property Disclosure Statement required. | View source |
| South Carolina | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Residential Property Condition Disclosure used. | View source |
| Tennessee | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Some exemptions from form; fraud still actionable. | View source |
| Texas | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | As-is does not remove duty to avoid fraud. | View source |
| Utah | Buyer-beware leaning | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Local practice varies; check statute. | View source |
| Virginia | Limited statutory disclosure | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Virginia’s form is limited vs. many states. | View source |
| New York | Yes (strict form/flood rules) | Estate/probate, some court-ordered | Lead-based paint (pre-1978) | NY has strong form; flood risk rules updated. | View source |
| Wisconsin | Yes | Estate/probate, foreclosure/REO | Lead-based paint (pre-1978) | Owner’s Disclosure Report used. | View source |
Last reviewed: October 2025 by Aldric Property Solutions
FAQ
Skip the Disclosure Hassle. Sell As-Is for Cash Today.
Sell as-is—without disclosure headaches. Inheritance, foreclosure, or complex repairs? We buy as-is and handle the paperwork so you can move on faster.