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.
A disclosure covers known, material facts
Statements about defects that could affect value or safety — roof leaks, flooding, structural issues and the like.
Common, but never universal
Many states exempt estate/probate, court-ordered, foreclosure/REO or intra-family transfers from the state form.
Lead paint is never exempt
Federal law requires lead-based paint disclosure for pre-1978 housing in every state, whatever the exception.
| 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: August 2026 by Aldric Property SolutionsReference only — not legal adviceSort by tapping a column headingSwipe the table sideways — the state and the headings stay pinned
Frequently asked
01What counts as a “disclosure”?
A statement of known, material defects or facts that could affect value/safety (roof leaks, flooding, structural issues, etc.). According to the National Association of Realtors, over 20% of home sales involve disclosure-related negotiations.
02Are there universal exceptions?
No, but many states exempt estate/probate, court-ordered, foreclosure/REO, or intra-family transfers from state forms—you still can’t commit fraud or conceal hazards.
03Do I still have to disclose lead paint?
Yes. Federal law requires lead-based paint disclosures for pre-1978 housing in all states.
04What if I fail to disclose a major defect?
Buyers may sue for nondisclosure/fraud, even in “buyer-beware” states.
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This page is a general reference for the states Aldric Property Solutions serves. It is not legal, tax or financial advice, and statutes change. Confirm your own situation with a licensed attorney or advisor in your state before acting on anything here.