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    Basic Terms

    Seller Disclosure

    SilverCrest EstatesThe SilverCrest Estates Team

    Definition

    A seller disclosure is the form on which you report known material facts about your property, such as past leaks, foundation movement, prior flooding, pest damage or unpermitted work. Exact requirements vary from state to state, but the underlying rule is consistent everywhere: you must honestly disclose what you actually know about the home's condition and history. Completing this form thoroughly and truthfully protects you from potential legal claims a buyer might raise after closing if a hidden problem later surfaces. For homeowners selling as-is, it's a common misconception that skipping repairs also means skipping disclosure — it doesn't. As-is means the buyer won't ask you to fix anything, but it does not eliminate your legal duty to tell them what you know. Being upfront about issues, even ones that feel embarrassing or costly, generally leads to a smoother transaction and fewer disputes down the road.

    Example

    Before selling his house in Baton Rouge, Carlos filled out his state's seller disclosure form carefully, noting that his basement had taken on a few inches of water twice during unusually heavy storms in the past six years. He was tempted to leave it off, worried it might scare buyers away or lower his offers, but his attorney reminded him that disclosure was a legal requirement, not an optional courtesy. His eventual cash buyer factored that flooding history into their offer and purchased the home as-is without asking Carlos to do anything about it. Carlos appreciated that the buyer didn't try to renegotiate after the fact, since everything had been laid out clearly upfront. Because he'd disclosed everything honestly, Carlos was fully protected from any legal claim the buyer might otherwise have raised after closing.

    Frequently asked questions

    Yes, "as-is" means the buyer won't ask you to make repairs, but it does not remove your legal duty to disclose known material defects.

    Many states allow an exemption or limited disclosure for estates, trustees and landlords who lack personal knowledge of the property's history, though you're still required to disclose whatever you do know.

    You could face a legal claim from the buyer after closing, potentially including damages to cover the cost of the undisclosed issue.

    Many states still require disclosing past issues even if they've since been repaired, particularly for things like flooding, foundation work or major structural repairs.

    Generally anything that would meaningfully affect a buyer's decision or the home's value, such as past water damage, structural issues, pest infestations or unpermitted work.

    No, disclosure requirements apply regardless of who the buyer is, though many cash buyers evaluate the property's condition themselves as part of pricing their offer.

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