Let’s be real—real estate disclosures aren’t exactly thrilling dinner party conversation. But if you’re trying to sell your house fast in [market_city], understanding what you need to legally spill about your property could save you a major headache (or lawsuit) down the road.
So, grab your favorite drink—coffee, tea, or maybe something a bit stronger—and let’s break down what you’re actually required to disclose when selling your home. Spoiler: honesty really is the best policy.
So, What Are Real Estate Disclosures Anyway?
Think of disclosures as the real estate world’s version of a confession booth. As the seller, you’ve got to let potential buyers know about any problems or issues that might affect the value, safety, or livability of the home.
Some of this is required by law. Other things? Just smart to share if you don’t want karma (or a judge) biting you later.
🧠 Fun fact: Most real estate lawsuits happen because someone tried to sweep a problem under the rug. Not a great long-term strategy.
The Basics: What You Have to Disclose
Every state is different, but here are the usual suspects on disclosure forms:
🕳️ Foundation & Structural Issues
If you’ve got cracks, shifting, or signs your home is slowly sinking into the abyss, it’s gotta go on the form. Buyers deserve to know if your house is doing the cha-cha with the soil.
🚰 Plumbing, Sewer & Drainage
Nobody wants to move in only to find out the pipes are one flush away from disaster. Disclose any backups, slow drains, or leaky water lines.
👉 Not sure how this impacts value? Check out our post on real estate disclosures in Lawton for a deeper dive.
🐜 Unwanted Roommates
Whether it’s cockroaches, ants, or that one raccoon who thinks he pays rent—pest problems are a must-disclose.
🏚️ Roof & HVAC Issues
If your roof leaks like a sieve or the A/C hasn’t worked since the Bush administration, your buyer needs to know.
🧱 Soil, Flooding & Land Issues
Bad soil, erosion, or a history of flooding? You guessed it—disclose it. Even if you think “it only happened that one time when it rained sideways.”
🖌️ Lead Paint & Other Hazards
This one’s a legal no-brainer. If your home was built before 1978, you’re likely required to disclose the possibility of lead-based paint.
📜 Title Troubles
Any liens, ownership disputes, or other title issues? Don’t save that info for closing. Get it on paper early.
What About Repairs and Upgrades?
Here’s a good rule of thumb: If you fixed it, say it and show it. Keep records, receipts, and a basic rundown of the materials and contractors used. Bonus points if you know the dates.
This transparency not only shows you’re honest—it might give buyers peace of mind knowing things were taken care of professionally.
Should You Get a Pre-Inspection?
Honestly? It’s not a bad idea. A pre-inspection lets you:
Get ahead of repair issues
Reduce the buyer’s negotiation power
Show you’re selling in good faith
In fact, in our post on tips to prepare your house for a quick sale, we recommend exactly this. It’s one of those small steps that can lead to smoother closings and fewer surprises.
What If You’re Selling As-Is?
Even if you’re selling your house as-is, you still have to disclose known issues. “As-is” doesn’t mean “buyer beware, good luck!” It just means you’re not planning to make repairs.
That’s why we created a guide on selling fire-damaged homes in Oklahoma—because even the toughest situations deserve transparency.
When Disclosure Gets Awkward…
Alright, here’s where it gets a little fuzzy. In some states (you’ll need to check yours), you may need to disclose:
If the house is in a hazard zone (floods, earthquakes, wildfires)
If any violent crimes occurred on the property
Deaths in the home (some states care, some don’t)
Our advice? When in doubt, just share it. It’s easier than dealing with a buyer who finds out later and cancels the deal—or worse, sues you.
And hey, if you’re selling in Oklahoma, some of these things are covered in the required Residential Property Condition Disclosure Statement. You can get this from your broker, title company, or even download it online.
Talk to a Pro (No, Not Just Your Agent)
Real estate agents are helpful—but when it comes to legal questions, you should chat with a real estate attorney. Some agents may not want to advise you too specifically (they’ve got liability to worry about), and a lawyer can help you cover your bases.
We also talk about title challenges, ownership hiccups, and how to navigate them in our post on managing debts and liabilities during probate.
Final Word: Honesty Helps Everyone
Sure, it might be tempting to “forget” that your A/C sounds like a tractor or that you had a little water damage in 2018. But here’s the deal:
Buyers will find out eventually (especially if they get a good inspection)
Dishonesty can lead to lawsuits, canceled sales, or worse
It’s just not worth it
Considering a Simpler Way?
If all this disclosure talk has your head spinning, you might want to consider a faster, more flexible option.
At [company], we buy houses as-is, with full transparency and no hidden fees. You don’t need to worry about repairs, inspections, or last-minute buyer drama.
Whether you’re facing major repairs, an inherited property, or just want a clean slate, we’re here to help.
Let’s Talk
Have questions about selling your home in [market_city]? We’re real people who know the local market—and we’re happy to help however we can.
👉 Call us today at [phone]
Being an open and honest seller will not only help you avoid a lawsuit, but it will also make you a trustworthy, stand-up, all-around person. Hiding defects, looming repairs, and any other issues with the home will only come back to bite you in the end. Whether through a lawsuit or good ol’ karma… if you believe in that sort of thing.
Most real estate lawsuits occur because of non-disclosure.
So exactly how much are you required to disclose legally? Basically, anything that can affect the value of the property. Here are just a few of the things you should address:
- Issues with the land, such as drainage, bad soil, and potential for flooding. Bad soil can limit building and low-lying areas can be prone to flooding and water damage.
- Foundation level and known cracks must be disclosed. If the house settles more than it already has, it could experience structural damage.
- Plumbing problems, sewer issues, and leaky pipes all need to be brought to the forefront. Some of the most expensive home repairs stem from water damage.
- Any problems or irregularities with the heating and cooling systems should be addressed.
- If you have a problem with cockroaches, rats, ants, termites or moles, you will need to inform your potential buyer.
- Have a leaky roof or missing shingles? Tell your buyer before they find out during a rainstorm.
- Lead paint is a no-brainer. This disclosure is one of the most common you will see with home sales and rentals.
- Are there issues that will affect the title? Or rightful ownership? This needs to be spelled out up front, not during the closing process.
- You should also have documentation for repairs and insurance claims you’ve made in the past. You should be able to describe what was done and the materials used.
Additionally, some states will require more in-depth disclosure of hazard zones which include flooding, earthquakes and other environmental factors affecting the land. Some states will also require any violent crimes committed in the home be common knowledge. Not every state requires this, but it is a good rule of thumb to follow. Think about what you would want to know if you were buying a home for yourself!
Disclosures help a buyer learn as much as possible about a house before making their purchase.
You are selling a great home right? When you keep something to yourself, a minor, needed repair can snowball in much bigger problems. Many properties have something pop up during the inspection that the seller wasn’t prepared for. Imagine, your asking price slashed because of a defect you were unaware of. Your house is a multi-faceted machine. Many sellers choose to have their home inspected prior to a sale. This allows them to make the necessary repairs ahead of time, lessening potential buyer’s bargaining ability. An inspection will also show good-faith in selling. You are telling the world you want your home to be in the greatest possible condition before it is sold.
Disclosure rules vary state to state. Your agent, attorney or broker will be able to supply you a checklist that covers the requirements for your state. Review the list in its entirety and add as many detailed notes as possible. Don’t forget to include the dates of upgrades and repairs. Fill out the form as honestly and as completely as possible. If you have questions, it is best to talk to a lawyer instead of your agent. Your agent might avoid such questions as they are out of their scope, and they want to lessen their liability.
Remember, YOU CAN GET SUED for being dishonest.
And if you are found liable, you will need to pay for repairs, legal expenses, punitive damages and in some cases, the sale can be rescinded. Make sure you are working with a trusted professional to help guide you through real estate disclosures.
Are you selling your home in Lawton? If you have questions, we have answers! Fill out this form, or give our office a call now! 940-249-5752