Seller Disclosure Requirements by State (2026)

Seller disclosure requirements by state, in short: federal law requires a lead-based paint disclosure and a 10-day inspection opportunity for homes built before 1978, and each state adds its own rules. California, Texas and Washington require a condition form and let buyers terminate if it arrives late (3 days, 7 days and 3 business days); Virginia uses a buyer-beware statement.

More on this topic: Contract to close: process and checklists, every guide in one place.

Below are the federal rule and five example states, each read from its own statute in October 2026. It isn't every state and it isn't legal advice: forms, exemptions and windows vary, so check your state's statute, your association's forms and your broker. For the full list of what to collect, see documents to request from the seller.

Key takeaways

• Every pre-1978 home sale needs the federal lead disclosure, the EPA pamphlet, a warning statement in the contract and a 10-day inspection opportunity unless the buyer waives it.
• States fall into roughly three groups: a required condition form, a disclaimer-style statement (Virginia), or no statewide form with a duty based on case law (Florida).
• Late delivery usually gives the buyer a short window to terminate: 3 or 5 days in California and Virginia, 7 days in Texas, 3 business days in Washington.
• Delivery method can change the window (in person vs mail in California and Virginia), so record how and when it was delivered.
• Florida's § 689.261 is a property tax disclosure, not a defect form; the defect duty comes from Johnson v. Davis (1985).

What does federal law require sellers to disclose?

Federal law requires sellers of housing built before 1978 to disclose known lead-based paint and lead hazards. According to the EPA, the seller must:

• disclose any known information about lead-based paint or hazards, and provide available records and reports;
• give the buyer the pamphlet Protect Your Family From Lead in Your Home;
• include a Lead Warning Statement in the contract;
• give the buyer 10 days to have a lead inspection or risk assessment, which the parties can change in writing or the buyer can waive;
• keep a signed copy of the disclosures for three years after the sale.

This applies on top of whatever the state requires, in every state.

What do state seller disclosure laws require?

Each state sets its own seller disclosure rules, in its own statute. Five examples, each from the state's own statute (read October 2026):

California's exemptions are listed in § 1102.2. Washington's statement format in RCW 64.06.020 and Virginia's § 55.1-703 both have new versions taking effect January 1, 2027, so use the current form for the delivery date.

What is a caveat emptor or buyer-beware state?

A caveat emptor (buyer-beware) state puts the burden on the buyer to investigate, with no required seller condition form. Even there, sellers generally can't lie when asked or actively hide defects, and the lead rule still applies. Virginia's statute is itself titled “Required disclosures for buyer to beware”: the seller gives a statement saying they make no representations, and the buyer is told to get inspections. Which states count as buyer-beware is often a matter of case law with exceptions, so we haven't listed them here; check your state's statute and your association's forms.

Which sales are exempt from seller disclosure?

Exemptions are set state by state, and most statutes list them. Texas is a good example: § 5.008(e) excludes 11 kinds of transfer, including court-ordered and foreclosure sales, transfers by a bankruptcy trustee or by a fiduciary administering an estate, guardianship or trust, transfers between co-owners, to a spouse or lineal relative, to or from a government entity, and a new home never occupied. Texas also says the seller has no duty to disclose a death by natural causes, suicide or accident unrelated to the property’s condition (§ 5.008(c)). Don't assume an estate or relocation sale is exempt everywhere: look up the state's list.

When does the buyer's termination window start?

The window usually starts when the buyer receives the disclosure, not when the contract is signed, and the delivery method can change its length. California counts 3 days after delivery in person and 5 after mailing or electronic delivery, starting when the required sections are completed and delivered. Virginia uses 3 days for in-person or electronic delivery and 5 after the postmark. Washington's 3 business days run from receipt of the statement. Texas's 7 days run from receiving the notice if it wasn't given before the contract.

So the TC needs the delivery date and method in writing for every disclosure delivered after the contract, and an amended disclosure may restart a window (California's § 1102.3 covers “any material amendment”).

What should a TC check on seller disclosures?

1. Year built: if before 1978, the lead disclosure, pamphlet receipt and warning statement are on file and the 10-day inspection right is tracked or waived in writing.
2. Which state form applies, and whether any exemption is claimed (and why).
3. Delivered before the offer or contract where the state requires it, signed by the seller.
4. If delivered late, the delivery date and method, and the termination window it starts.
5. Buyer's signed acknowledgment, and any amended disclosure with its own delivery date.
6. Local add-ons: natural hazard, HOA, flood or other reports your state or market requires.

Ask the seller for each disclosure with Closingbird's document requests: a no-login upload link with automatic reminders. Closingbird counts deadlines from acceptance or closing, so a window that runs from the day a disclosure was delivered should be set as a fixed date, as should any business-day window where your state skips holidays other than US federal ones. There's no state forms library, so bring your own forms.

Frequently asked questions

Do all states require a seller disclosure?

No. Many states require a condition form, some use a disclaimer-style statement such as Virginia's, and some have no statewide form at all. The federal lead-based paint disclosure applies everywhere for homes built before 1978.

Can a buyer back out after receiving the seller's disclosure?

In some states, if it arrives after the contract. For example, Texas gives 7 days after receiving a late notice, California 3 or 5 days, and Washington 3 business days after receipt. The contract may add other rights.

Does Florida require a seller disclosure form?

Florida has no statewide condition form statute. Sellers must give a property tax disclosure summary (§ 689.261), and Johnson v. Davis (1985) requires disclosing known facts that materially affect value and aren't readily observable.

How long does a buyer have to do a lead paint inspection?

10 days under the federal rule, unless the buyer and seller agree in writing to a different period or the buyer waives it.

Can a seller refuse to fill out a disclosure?

It depends on the state. In California a waiver of the Transfer Disclosure Statement is void, while in Washington the buyer can expressly waive receiving it. Where a form is required, a seller who doesn't provide it may give the buyer a right to terminate.

Run it in Closingbird

Request every disclosure from the seller with an upload link, and put each delivery-triggered window on the file as a fixed-date deadline. Start a free trial (14-day free trial, no credit card required) or see pricing.

Related reading

• Documents to request from the seller
• The deadlines in a purchase contract
• What happens if you miss a contingency deadline
• Help: request documents with an upload link

Sources

Checked in October 2026. Rules and prices change, and many vary by state, so confirm with the source, your state's real estate commission or your broker before you rely on them.

• US EPA: real estate disclosures about potential lead hazards (updated May 27, 2026)
• California Civil Code § 1102, scope of the transfer disclosure article; waiver void (via California.Public.Law, accessed October 2026)
• California Civil Code § 1102.3, delivery of the disclosure statement and the buyer's 3-day/5-day termination right (via California.Public.Law, October 2026)
• Texas Property Code § 5.008, seller's disclosure of property condition (via Texas.Public.Law copy of the official statute, October 2026)
• RCW 64.06.020, seller disclosure statement format and minimum information (Washington State Legislature; version effective January 1, 2027 shown, October 2026)
• RCW 64.06.030, delivery of the disclosure statement and the buyer's 3-business-day rescission right (Washington State Legislature, October 2026)
• Code of Virginia § 55.1-703, required disclosures for buyer to beware (two versions: until and from January 1, 2027; read October 21, 2026)
• Code of Virginia § 55.1-709, time for disclosure; termination of contract (read October 21, 2026)
• Florida Statutes § 689.261 (2025), property tax disclosure summary for residential sales
• Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), opinion text (University of Vermont course copy)