When homeowners hire a real estate agent, one of the agent’s key responsibilities is to make sure every step of the sale goes smoothly—pricing the property, marketing it, reviewing offers, and guiding the transaction through escrow. A big part of ensuring a successful closing is the Seller’s Disclosure form.
By law, sellers must share any known problems or conditions that could affect the value of the home. This transparency not only protects buyers but also sellers, since it reduces the risk of disputes later on.
What should be disclosed? Sellers should report known issues such as:
Roof leaks
Plumbing or termite damage
Past flooding or water intrusion
Pest infestations
Easements or encroachments
Unpermitted construction
Even neighborhood noise problems
While sellers aren’t required to hire inspectors to uncover hidden problems, they do need to be upfront about what they know. Honest, thorough disclosures build trust, prevent surprises, and reduce the risk of lawsuits or canceled contracts.
A good real estate agent will encourage sellers to “over-disclose.” For example, sellers are usually asked about issues going back five years (or however long they’ve owned the property). If a roof was replaced eight years ago, that’s still worth mentioning.
Example: Imagine the toilet overflowed a few years back. That’s something that should be included. Buyers will want to know if professional water mitigation was done and whether new flooring was installed afterward. Even seemingly small details can reassure buyers that the home has been well cared for.
Realtors typically ask clients to fill out a Seller’s Disclosure form when listing a home. After an offer is accepted, buyers receive this completed form and usually order their own home inspection. Inspectors frequently uncover additional items—even in new homes—that the seller may not have realized.
Failing to disclose important information, or worse, deliberately omitting facts, can have serious consequences. Buyers may cancel the purchase or pursue legal action after closing. Courts often side with buyers in these cases. That’s why the safest approach is: when in doubt, disclose it. Being upfront can save everyone unnecessary stress and protect the sale.