What Utah Home Sellers Must Disclose

• Seller property-condition disclosure
• Lead-based paint disclosure for applicable pre-1978 housing
• Title commitment
• CC&Rs, rules, HOA minutes, budget, and financial statement
• Leases, rental bookings, and property-management agreements
• Evidence of water rights or shares
• Known environmental or code claims and conditions
• Other documents required by the contract

Sellers should answer based on actual knowledge and explain material conditions accurately. Typical issues include water intrusion, roof leaks, foundation movement, drainage, plumbing or electrical defects, insurance claims, unpermitted work, boundary disputes, HOA violations, pest damage, and mechanical failures.

Repairing a condition does not necessarily erase the history. If the past issue remains material, the disclosure should explain what occurred and what was done.

Utah law provides that failure to disclose that a property is 'stigmatized' is not a basis for liability. That category can include psychological or reputation-based conditions rather than physical defects. Sellers should still obtain legal advice when uncertain about a specific fact.

A licensee's disclosure duties and the seller's contractual duties are related but not identical.

A seller should not claim that a roof, foundation, basement, rental unit, addition, or system is problem-free, permitted, or code-compliant without a sound basis. Accurate uncertainty is better than false certainty.

• Complete the form personally and carefully.
• Do not let someone answer factual questions for you.
• Attach explanations, invoices, permits, engineering reports, and warranties where useful.
• Update the disclosure if new information arises.
• Do not conceal defects with cosmetic work.
• Give buyers enough time to review before their deadline.

The safest disclosure is complete, factual, and documented. Hiding a defect may produce a closing, but it can also create a dispute after closing when the evidence is worse and the costs are higher.

• Which deadline controls this issue?
• What must be delivered in writing?
• What money is at risk if the transaction is canceled?
• Does an addendum change the standard form?
• Is this a real-estate question, or does it require legal, tax, lending, inspection, or engineering advice?