Real Estate Disclosure, State-by-State

Mold Disclosure Laws by State (Buying or Selling a Home)

Most U.S. states require residential sellers to disclose known material defects, including mold and water damage, to buyers in writing. A handful of states still follow caveat emptor or rely on case law instead. This hub cites the controlling rule for every state and walks through what buyers and sellers should do.

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All 50 States & DC

Each state page covers the seller's mold disclosure obligation in that state's residential real estate transactions, with the controlling statute or commission rule and what buyers and sellers should do.

Alabama Ala. Code Title 35 (Property) Alaska AS 34.70.010 et seq. (Residential Real Property Transfer Disclosure Statement) Arizona Arizona's residential property disclosure framework (Arizona Department of Real … Arkansas Arkansas residential disclosure (no general statutory mandate; caveat emptor … California Cal. Civ. Code §§ 1102 et seq. (Real Estate Transfer Disclosure Statement) Colorado Colorado Real Estate Commission Seller's Property Disclosure form Connecticut Conn. Gen. Stat. § 20-327b (Residential Property Condition Disclosure Report) Delaware 6 Del. C. § 2572 (Buyer Property Protection Act) District of Columbia DC Code § 42-1301 et seq. (Residential Real Property Seller Disclosure) Florida Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) (judicial duty to disclose) and the … Georgia Georgia is a caveat emptor state with limited statutory disclosure obligations. Hawaii HRS § 508D (Residential Real Property Mandatory Seller Disclosure) Idaho Idaho Code § 55-2501 et seq. (Property Condition Disclosure Act) Illinois 765 ILCS 77 (Residential Real Property Disclosure Act) Indiana Ind. Code § 32-21-5 (Vendor's Disclosure of Defects) Iowa Iowa Code Ch. 558A (Real Estate Disclosure) Kansas Kansas does not have a comprehensive statutory seller disclosure mandate; the … Kentucky KRS § 324.360 (Seller's Disclosure of Property Conditions) Louisiana La. R.S. § 9:3196 et seq. (Residential Property Disclosure Act) Maine 33 M.R.S.A. § 173 (Property Disclosure) Maryland Md. Code Real Prop. § 10-702 (Residential Property Disclosure) Massachusetts Massachusetts is largely a caveat emptor state for private residential … Michigan MCL 565.951 et seq. (Seller Disclosure Act) Minnesota Minn. Stat. § 513.52 et seq. (Residential Real Property Seller Disclosure) Mississippi Miss. Code § 89-1-501 et seq. (Real Estate Transfer Disclosure) Missouri Missouri does not have a comprehensive statutory seller disclosure mandate; Real … Montana Montana Real Estate Commission Property Disclosure form (Montana does not have a … Nebraska Neb. Rev. Stat. § 76-2,120 (Seller Property Condition Disclosure Statement) Nevada NRS 113.130 (Seller's Real Property Disclosure Form) New Hampshire RSA 477:4-c (Property Disclosure) New Jersey Strawn v. Canuso, 140 N.J. 43 (1995) (judicial duty to disclose); New Jersey … New Mexico New Mexico Real Estate Commission Seller's Property Disclosure Statement New York NY Real Property Law § 462 (Property Condition Disclosure Statement) North Carolina NC Gen. Stat. § 47E (Residential Property Disclosure Act) North Dakota North Dakota uses a Real Estate Commission disclosure form rather than a … Ohio ORC § 5302.30 (Property Disclosure Form) Oklahoma 60 Okla. Stat. § 831 et seq. (Residential Property Condition Disclosure Act) Oregon ORS 105.464 (Property Disclosure Statement) Pennsylvania 68 Pa.C.S. § 7301 et seq. (Real Estate Seller Disclosure Law) Rhode Island R.I. Gen. Laws § 5-20.8 (Real Estate Sales Disclosure) South Carolina SC Code § 27-50-10 et seq. (Residential Property Condition Disclosure Act) South Dakota SDCL § 43-4-37 et seq. (Seller's Property Disclosure) Tennessee Tenn. Code § 66-5-201 et seq. (Residential Property Disclosure Act) Texas Tex. Property Code § 5.008 (Seller's Disclosure of Property Condition) Utah Utah Real Estate Commission Seller's Property Condition Disclosure form Vermont Vermont Real Estate Commission Seller's Property Information Report Virginia VA Code § 55.1-700 et seq. (Virginia Residential Property Disclosure Act) Washington RCW 64.06 (Real Property Transfers - Seller Disclosure) West Virginia West Virginia is largely a caveat emptor state for private residential … Wisconsin Wis. Stat. § 709.02 et seq. (Real Estate Transfer Disclosure) Wyoming Wyoming uses a Real Estate Commission disclosure form rather than a statutory …
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Three regulatory frameworks across the 50 states

The mold disclosure rule a seller faces depends on which framework the state has adopted:

  1. Statutory disclosure (most states). A specific statute or commission rule requires the seller to deliver a written disclosure form covering known material defects. Marking “no” or “unknown” on a question the seller actually knew about is the most common path to a fraud-by-omission claim after closing.
  2. Case law duty (a few states, notably Florida and New Jersey). No statutory form, but the courts have established a duty to disclose facts materially affecting the value of the property that are not readily observable to the buyer.
  3. Caveat emptor (a handful of states). The buyer is largely on their own to inspect for defects. Active concealment and outright misrepresentation are still actionable, but silence is not.

Read the cited rule on your state’s page, then talk to a real estate attorney in your state before relying on any specific procedure or remedy.

How this hub pairs with the rest of the site

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