What does a seller have to disclose about a home before I sign the contract?
The short answer
What a seller must disclose varies by state — there is no single national standard for residential seller disclosures. California and Texas are two states with well-documented statutory requirements. California's Transfer Disclosure Statement (TDS) regime, described in the California DRE's official guidance and grounded in Civil Code §§1102–1102.17, generally requires disclosure as soon as practicable and before transfer of title; if delivered after execution of an offer or purchase agreement, the buyer has statutory termination windows. Texas Property Code §5.008 requires a seller of residential real property to give the buyer a written notice about the property's condition. Federal law (under the Residential Lead-Based Paint Hazard Reduction Act) also requires disclosure of known lead-based paint hazards for homes built before 1978. Outside these reported examples, disclosure rules are state-specific; what your state requires and when the disclosure must be delivered relative to signing are questions where state rules vary. The contract-level question is whether the disclosure is referenced in your purchase agreement and when it must arrive. Scan your agreement to see what the disclosure clause requires and when.
What Dang reviews here: Dang reviews the contractual terms of your purchase agreement — contingencies, deadlines, fees, and disclosure-related clauses. It does not verify the physical condition of the property or detect hidden defects; a professional inspection does that.
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What seller disclosure laws typically require — reported examples
California's Transfer Disclosure Statement (TDS) requirement, described in California DRE guidance and in Civil Code §§1102–1102.17, generally applies to transfers of one-to-four-unit residential properties. The TDS asks sellers to report known defects and material facts across a range of categories — structural, environmental, legal. Texas Property Code §5.008 requires sellers of residential real property to give the buyer a written notice disclosing the property's condition; the form covers a range of conditions the seller has knowledge of. Federal lead-paint disclosure applies to sales of homes built before 1978 regardless of state.
These are reported statutory examples. Disclosure rules vary by state in scope, timing, and form. Some states require disclosure before contract signing; others allow it after, with a buyer cancellation window if the disclosure arrives late. The contract's disclosure clause — when it must be delivered, what happens if it arrives late, and whether the buyer has a review window — is the contract-terms layer that Dang reviews.
Why people worry
First-time buyers often assume that a seller is required to tell them everything about a property's condition. Disclosure laws typically cover known material facts — the seller discloses what they know. An as-is sale, a long-vacant property, or a non-occupant seller may produce a disclosure form with many 'unknown' entries. The disclosure is a starting point, not a guarantee of complete knowledge.
What to look for in your contract
- Whether the purchase agreement references a required seller disclosure form and when it must be delivered.
- Whether the contract includes a buyer review period after the disclosure arrives — and how cancellation notice must be given.
- Any language about what happens if the disclosure is delivered after contract signing.
- Whether the as-is clause (if present) affects the seller's disclosure obligations.
- Federal lead-paint disclosure notice for homes built before 1978 — required by federal law regardless of state.
Questions to ask before signing
- Ask your agent to confirm what disclosure form your state requires and when it must be delivered.
- Ask the other party to clarify whether the seller is aware of any material defects or conditions that should appear on the disclosure.
- Confirm the review window after the disclosure arrives and what written notice is required to cancel based on it.
- Consider having the contract reviewed to understand how the disclosure clause and any cancellation window interact.
Why scan instead of guess
The general rule tells you the baseline. Your contract tells you what you’re actually being asked to sign — and the wording is what binds. Dang reads the document and flags the clauses worth reviewing, in plain English.
The deterministic engine scores and decides what’s risky. The AI only enriches the plain-English wording — AI extracts, code decides, never the other way around.
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Common questions
Does every state require a seller disclosure?
Requirements vary. Many states require a written disclosure form; some have limited requirements; rules differ in scope, timing, and form. California and Texas are two states with well-documented statutory requirements, as described above. Your state's rules govern what your seller must provide.
Does an as-is clause eliminate the seller's disclosure obligation?
Generally no — as-is clauses typically address repair obligations, not the duty to disclose known material facts. In most states with disclosure requirements, the seller's obligation to complete the disclosure form continues regardless of whether the property is sold as-is. State rules vary.
What does the federal lead-paint disclosure require?
For homes built before 1978, federal law under the Residential Lead-Based Paint Hazard Reduction Act generally requires sellers to disclose known lead-based paint hazards and provide an EPA pamphlet. This federal requirement applies in addition to any state disclosure requirements.
Sources
- California DRE — Disclosures in Real Property Transactions (RE 6) (official agency publication, California Department of Real Estate) · official source
- Texas Property Code Chapter 5 (official statute text, see §5.008 — Seller's Disclosure of Property Condition) · official source
- EPA — Real Estate Disclosures About Potential Lead Hazards (official federal agency page) · official source
- Sources last checked 2026-06-11. Laws and market practices change — confirm current rules before relying on them.
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English — general information, not legal advice about your situation. For consequential decisions, consult a licensed attorney in your state.