Your Seller Disclosure Questions—Answered

Buying a home is more than just a transaction.

It’s also a leap of faith.

Imagine, after moving in, you discover a leaky roof or flood-prone basement that the seller never mentioned. These kinds of terrible surprises can instantly turn your dream home into a house of financial horror.

This is where seller disclosure comes in.

Let’s talk about it some more.

What is a Seller Disclosure?

Seller disclosure is a legal requirement in most real estate transactions where the seller must inform potential buyers of any known issues or defects in the property.

This formal account documents the home’s condition, history, and potential problems, including structural issues, past repairs, water damage, electrical or plumbing deficiencies, and any other material facts that could affect the property's value and safety.

Basically, seller disclosure protects homebuyers from unwanted surprises. It provides transparency, helping homebuyers make decisions accurately and reduce the risk of complications after the sale.

If you’re an active homebuyer right now, you should carefully review the disclosure statement and get the home professionally inspected to verify its condition before finalizing the purchase.

What if the Seller Lied in the Disclosure?

This is one of the most common questions homebuyers ask.

If you think the seller lied or omitted issues (like faulty outlets or loose pipe connections under the sink) in the disclosure, you must be able to prove it. If you can’t, most agents will advise you to just walk away.

It also depends on how long the sellers have owned or lived here. If they’ve only had the home for a short time, it isn’t necessarily a red flag if they don’t know the overall condition. But if they’ve lived there for years and claim they don’t know about the major issues, it could be a sign they are withholding information.

Your only options when this happens are:do nothing and buy it, do nothing and walk away, or try to negotiate.

This is why it’s important to do your due diligence before buying a home: to avoid this kind of problem.

What Does No Seller Disclosure Mean?

If there is no seller disclosure, it usually means itisn’t mandatory in that state.

Some states, like Alabama and West Virginia, do not require seller disclosures. Sellers aren’tobligated to share the home’s defects but they cannot lie if asked about an issue.

Additional fact: homes built before 1978 require sellers to disclose lead-based paint hazards, even in states that don't require seller disclosures.

So what does this mean for you as a homebuyer? This makes doing your due diligence even more important. Obtain a thorough home inspection to uncover hidden defects. If you really want the house, you should proceed with caution and think about consulting a real estate attorney to know more about your rights and options.

Is a Seller Required to Provide the Previous Owner’s Disclosures to a New Buyer?

Sellers are not required to provide previous disclosures.

If that were the case, every home would carry a cumulative record of all past disclosures. But your agent can check the Multiple Listing Service (MLS) for any disclosures from prior listings.

Do Sellers Update their Disclosures with Information from Inspections Conducted by Previous Potential Buyers?

Sellers are expected to update their disclosures as new issuescome to light, including defects revealed by a buyer’s inspection.

But state rules vary.Some states require sellers to update their disclosures if they gain new knowledge of issues.

Essentially, since the inspection belongs to homebuyers, sellers may never see the report unless shared, leaving gaps in their requirement to disclose every issue.

What many people don’t realize is that inspections are subjective, so how and when updates are made may differ based on local regulations. Ultimately, sellers must disclose everything they know that the law requires.

Buy Smarter, Not Harder

Seller disclosures are your protection from hidden risks in one of your life’s biggest investments.

While these documents aim to bring transparency to the homebuying process, they’re only as reliable as the honesty behind them.

Whether you’re dissecting a disclosure or questioning a seller, the greatest thing you can do in your homebuying journey is due diligence.

Remember: Trust and verify.

A seller’s disclosure is a starting point, not a guarantee. Pair it with a meticulous home inspection and independent research to make your homebuying process successful.

Consult a real estate attorney if you can if something feels off, especially when it comes to disclosures.

Buying a home should be thrilling, not terrifying. By arming yourself with knowledge and exploring new homebuying solutions like WithJoy.AI's commission rebate, you can turn that leap of faith into a confident step forward while potentially saving thousands at closing.

Here’s to finding a home that’s beautiful - inside and out. 🏡✨