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Selling a house with unpermitted work

You can sell a house with unpermitted work, but in many states you must tell the buyer what you know about it, usually on the state’s seller disclosure form. Buyers, lenders and insurers may ask for the work to be permitted first or price it in. The disclosure rules are set by state law; each entry below quotes the statute or form.

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  1. Seller disclosure laws by state
  2. Options before you list
  3. Sources

Seller disclosure laws by state

StateWhat the law says
Alabama Ala. Code § 34-27-36 (real estate licensees)
  • Licensee must disclose known defects. Making a material misrepresentation or failing to disclose to a potential purchaser or lessee any latent structural defect or any other defect known to the licensee.1
  • Significance standard. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a reasonable and prudent person in making a decision to purchase or lease.1
Alaska AS 34.70.010-34.70.200; Form 08-4229
  • Written disclosure before offer. Before the transferee of an interest in residential real property makes a written offer, the transferor shall deliver by mail or in person a completed written disclosure statement in the form established under AS 34.70.050.2
  • Form asks about permits. Was the work performed with necessary permits in compliance with building codes?3
  • Form asks about final inspection. Was a final inspection performed, if applicable?3
Arizona A.R.S. § 33-422
  • 7 days. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the property and the buyer shall acknowledge receipt of the affidavit.4
  • If those requirements are not met, the property owner may not be able to obtain a building permit.4
  • 5 days. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer.4
Arkansas A.C.A. § 17-42-316(b)(2)(G); Arkansas Real Estate Commission regulation as quoted by the Commission
  • Commission column dated July 15, 2012: no state law requiring every owner to disclose all aspects of condition. Is there a state law in Arkansas that requires every property owner to disclose all aspects of the condition of his or her property when selling that property? The answer is no.6
  • Licensee must disclose known material facts to client. Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship…7
California Cal. Civ. Code §§ 1102, 1102.3, 1102.6
  • Applies to transfers of single-family residential property. Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, real property sales contract as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements of any single-family residential property.8
  • Disclosure cannot be waived. Any waiver of the requirements of this article is void as against public policy.8
  • Seller delivers written statement to buyer. The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this article, as follows…8
Colorado C.R.S. § 12-10-404(3)(a); 4 CCR 725-1, Rule 7.1
  • Seller's broker discloses known adverse material facts. The adverse material facts may include but shall not be limited to adverse material facts pertaining to the title and the physical condition of the property, any material defects in the property, and any environmental hazards affecting the property that are required by law to be disclosed.10
  • Brokers must use Commission-approved forms. A Broker must use a Commission-Approved Form when such form exists and is appropriate for the transaction.11
  • Statute refers to a seller's property disclosure. …seller's property disclosure for residential real property…12
Connecticut Conn. Gen. Stat. §§ 20-327b to 20-327e
  • Residential condition report required. …each person who offers residential property in the state for sale, exchange or for lease with option to buy, shall provide a written residential condition report or reports to the prospective purchaser at any time prior to the prospective purchaser's execution of any binder, contract to purchase, option or lease containing a purchase option.13
  • 1-4 units. The provisions of this section shall apply only to transfers by sale, exchange or lease with option to buy, of residential real property consisting of not less than one nor more than four dwelling units which shall include cooperatives and condominiums, and shall apply to all transfers, with or without the assistance of a licensed real estate broker or salesperson, as defined in section 20-311.13
  • Buyer notice on permits and certificates of occupancy. Prospective buyers should consult with the municipal building official in the municipality in which the property is located to confirm that building permits and certificates of occupancy have been issued for work on the property.13
Delaware 6 Del. C. §§ 2572-2574; Delaware Real Estate Commission Report
  • Known material defects must be disclosed in writing. Except as excluded by § 2577 of this title hereof, a seller transferring residential real property shall disclose, in writing, to the buyer, agent and subagent, as applicable, all material defects of that property that are known at the time the property is offered for sale or that are known prior to the time of final settlement.15
  • Report is due before an offer. The agent, subagent or seller, as applicable, shall give a copy of the Seller’s Disclosure of Real Property Condition Report to all prospective buyers or prospective buyer’s agent prior to the time the buyer makes an offer to purchase.15
  • Form asks about additions and structural changes. 75. Have you made any additions or structural changes? If yes, describe in XVI.16
District of Columbia D.C. Code §§ 42-1301 to 42-1311; 17 DCMR § 2708
  • Does the seller have actual knowledge of any additions, structural modifications, or other alterations or repairs made without required permits?17
  • Disclosure statement required. The transferor of any real property described in § 42-1301(a) shall deliver to the prospective transferee a real property disclosure statement on a form to be approved by the Mayor.18
  • Applies to 1 to 4 dwelling units. The provisions of this chapter shall apply only to the transfer or sale of real estate located in the District of Columbia consisting of not less than one nor more than 4 residential dwelling units…19
Florida Fla. Stat. §§ 689.302, 553.79(17), 475.278(2)(d)
  • Seller flood disclosure required. 689.302 Disclosure of flood risks to prospective purchaser.—A seller must complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed.20
  • Buyer not penalized for prior owner open permit. (17)(a) A local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.21
  • Rights remain against prior owner and contractor. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit.21
Georgia O.C.G.A. Chapter 10-6A (Brokerage Relationships in Real Estate Transactions Act); no unpermitted-work statute located
  • Broker must disclose known adverse physical-condition facts. All adverse material facts pertaining to the physical condition of the property and improvements located thereon including but not limited to material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer…23
  • Title 10 Chapter 6A. Title 10 Chapter 6A Brokerage Relationships in Real Estate Transactions Act…24
Hawaii HRS ch. 508D
  • Material fact defined. "Material fact" means any fact, defect, or condition, past or present, that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale.25
  • Applies to one to four dwelling units or residential condo/co-op. "Residential real property" means fee simple or leasehold real property on which currently is situated…25
  • 10 days. No later than ten calendar days from acceptance of a real estate purchase contract, the seller, either directly or through the seller's agent, shall provide the disclosure statement to the buyer.26
Idaho Idaho Property Condition Disclosure Act, Idaho Code § 55-2501 et seq.; § 55-2508
  • Idaho Code 55-2501 et seq. Idaho Property Condition Disclosure Act (Idaho Code 55-2501, et seq.)27
  • 8. Have any substantial additions or alterations been made without a building permit?28
Indiana IC 32-21-5 (unread); State Form 46234
  • Seller disclosure form is State Form 46234, current revision R9 (2-26). Seller’s Residential Real Estate Sales Disclosure Form – See State Form 46234 (R9 / 2-26)…29
  • Form update rulemaking by the Professional Licensing Agency. Update to Indiana Seller’s Residential Real Estate Sales Disclosure Form, State Form 46234 (R9/ 2-26)…29
  • Real estate commission page lists the conveyance statute. Title 32 Article 21 - Conveyance Procedures for Real Property…30
Iowa Iowa Code ch. 558A; 481 IAC 2014.1
  • Written disclosure statement required. A person interested in transferring real property, or a broker or salesperson acting on behalf of the person, shall deliver a written disclosure statement to a person interested in being transferred the real property.31
  • Covers 1 to 4 dwelling units. “Transfer” means the transfer or conveyance by sale, exchange, real estate contract, or any other method by which real estate and improvements are purchased, if the property includes at least one but not more than four dwelling units.31
  • Content: condition, characteristics, structural defects, lead service lines. The disclosure statement shall include information relating to the condition and important characteristics of the property and structures located on the property, including significant defects in the structural integrity of the structure…31
Kansas K.S.A. 58-30,106(d); 58-30,113; 66-1228
  • A seller's agent must disclose known material defects. A seller's or landlord's agent owes no duty or obligation to a customer, except that a licensee shall disclose to any customer all adverse material facts actually known by the licensee, including, but not limited to…33
  • No duty for the seller's agent to inspect. (2) A seller's or landlord's agent owes no duty to conduct an independent inspection of the property for the benefit of the customer and owes no duty to independently verify the accuracy or completeness of any statement made by the client or any qualified third party.33
  • Transaction broker disclosure. …disclosing to all prospective buyers or tenants all adverse material facts actually known by the transaction broker, including, but not limited to…34
Kentucky KRS 324.360; 201 KAR 11:121; KREC Form 402
  • Applies when a licensee is paid on a single-family sale. This section shall apply to sales and purchases involving single-family residential real estate dwellings if any person licensed under this chapter receives compensation.36
  • Seller signs the form when listing. The seller of the property shall complete and sign the form at the time he or she executes any listing agreement or similar agreement by which a licensee intends to market the property.36
  • A copy of the form shall be delivered by the listing agent to any prospective purchaser or his representative within seventy-two (72) hours of the listing agent's receipt of a written and signed offer to purchase.36
Louisiana R.S. 9:3196-3198
  • Seller form asks whether permits and inspections were obtained for additions or alterations. If yes, were the necessary permits and inspections obtained for all additions or alterations?39
  • Seller must complete the form. The seller of residential real property or vacant residential property shall complete a property disclosure document in a form prescribed by the Louisiana Real Estate Commission or a form that contains at least the minimum language prescribed by the commission.40
  • Good-faith standard; no-knowledge answers allowed. If the seller has no knowledge or information required by the disclosure document, the seller shall so indicate on the disclosure statement and shall be in compliance with this Chapter.40
Maine 33 M.R.S. §173
  • Seller must give a property disclosure statement. Unless the transaction is exempt under section 172, the seller of residential real property shall provide to the purchaser a property disclosure statement containing the following information…41
  • Known defects. Any known defects…41
  • Shoreland zoning violations. A notice of violation issued by a municipal official or state agency…41
Maryland Md. Code, Real Property § 10-702; Maryland Residential Property Disclosure and Disclaimer Statement (Rev August 3, 2026)
  • Seller delivers a disclosure or a disclaimer statement. A vendor of single family residential real property shall complete and deliver to each purchaser…42
  • State form asks whether required permits were issued and inspections passed. If you or a contractor have made improvements to the property, were the required permits issued by the county or local permitting office, and did the improvements pass all required inspections?43
  • Form asks about zoning and building restriction violations. 20. Are there any zoning violations, nonconforming uses, violation of building restrictions or setback requirements or any recorded or unrecorded easement, except for utilities, on or affecting the property?43
Michigan MCL 565.957; MCL 565.954; MCL 565.953
  • Form question on work done without permits. Structural modifications, alterations, or repairs made without necessary permits or licensed contractors? unknown____ yes____ no____…44
  • Disclosures use the statutory form. The disclosures required by this act shall be made on the following form…44
  • Statement comes before a binding purchase agreement. (a) In the case of a sale, before the transferor executes a binding purchase agreement with the prospective transferee.44
Minnesota Minn. Stat. §§ 513.52 to 513.60
  • Written disclosure before signing. (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer.45
  • All known material facts that could significantly affect use and enjoyment. The disclosure must include all material facts of which the seller is aware that could adversely and significantly affect…45
  • Covers transfers of any interest in residential real estate. The seller disclosure requirements in sections 513.52 to 513.60 apply to the transfer of any interest in residential real estate, whether by sale, exchange, deed, contract for deed, lease with an option to purchase, or any other option.46
Mississippi Miss. Code §§ 89-1-501 to 89-1-523 (as amended by S.B. 2647 (2023) and H.B. 1271 (2024))
  • Seller must deliver a written property condition disclosure statement. …of any real property subject to Sections 89-1-501 through 89-1-523 shall deliver to the prospective transferee the written property condition disclosure statement required by Sections 89-1-501 through 89-1-523, as follows…51
  • Buyer may terminate after late disclosure, 3 days in person or 5 by mail. …three (3) days after delivery in person or five (5) days after delivery by deposit in the mail, to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent.51
  • A sale is not invalidated solely for noncompliance. No transfer subject to Sections 89-1-501 through 89-1-523 shall be invalidated solely because of the failure of any person to comply with any provision of Sections 89-1-501 through 89-1-523.51
Missouri RSMo §§ 339.730, 442.600, 442.606
  • Seller's agent must disclose known adverse material facts to customers. A licensee acting as a seller's or landlord's agent owes no duty or obligation to a customer, except that a licensee shall disclose to any customer all adverse material facts actually known or that should have been known by the licensee.52
  • Sellers must disclose known methamphetamine production in writing. …the seller or transferor shall disclose in writing to the buyer or transferee the fact that methamphetamine was produced on the premises, provided that the seller or transferor had knowledge of such prior methamphetamine production.52
Montana Mont. Code Ann. §§ 70-20-501 to -504
  • Written disclosure of known adverse material facts required. In any transfer of residential real property in the state, the seller shall provide a disclosure statement to a buyer disclosing any adverse material facts that concern the residential real property and of which the seller has actual knowledge.53
  • Unpermitted substantial additions or alterations must be disclosed if known. …whether any substantial additions or alterations have been made to the residential real property without a building permit…53
  • Timing: before or with contract execution. The disclosure statement must be provided by the seller prior to or contemporaneously with the execution of a contract, either directly or via the real estate agent or other authorized representative of the seller, and must be provided to the buyer or the real estate agent or other authorized representative of the buyer.53
Nebraska Neb. Rev. Stat. § 76-2,120; 302 NAC Ch. 1
  • Seller disclosure statement required. Each seller of residential real property located in Nebraska shall provide the purchaser with a written disclosure statement of the real property's condition.56
  • Covers 1 to 4 dwelling units. Residential real property shall mean real property which is being used primarily for residential purposes on which no fewer than one or more than four dwelling units are located…56
  • Must disclose defects materially affecting value. The condition of all improvements on the real property and any defects that materially affect the value of the real property or improvements…56
Nevada NRS 113.130; NRS 113.150; Form 547
  • (c) Any construction, modification, alterations, or repairs made without required state, city or county building permits?58
  • 10 days. At least 10 days before residential property is conveyed to a purchaser…58
  • Purchaser may rescind if the form is not served. 1. If a seller or the seller’s agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130, the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.58
New Hampshire RSA 477:4-a; 477:4-c; 477:4-d
  • Listed disclosure items for 1-4 family sales do not name permits. Prior to or during the preparation of an offer for the purchase and sale of any interest in real property to be used or proposed to be used for a one to 4 family dwelling, the seller shall disclose, in writing, the following information to the buyer.59
New Jersey P.L. 2024, c.32, s.2.e; N.J.S.A. 56:8-19.1; N.J.A.C. 13:45A-29.1(d)
  • Seller gives the disclosure statement before the buyer is bound. In real estate transactions where the seller is not represented or working with a brokerage firm, the Act states that such a seller shall be required to provide the PCDS to the buyer before the buyer becomes obligated under any contract for the purchase of the property.60
  • Brokerage firm must obtain signed statement. The Act requires that a brokerage firm obtain a signed property condition disclosure statement that is provided for in N.J.S.A 56:8-19.1 (“PCDS”) from the seller in a real estate transaction.60
  • Form is set by the Division of Consumer Affairs. The PCDS is promulgated by the New Jersey Division of Consumer Affairs and set forth at N.J.A.C. 13:45A-29.1(d).60
New Mexico NMSA 1978, §§ 47-13-1 to 47-13-5; 16.61.19 NMAC
  • Act requires a property tax estimate. …request from the county assessor the estimated amount of property tax levy with respect to the property and shall specify the listed price as the value of the property to be used in the estimate…63
  • Act removes duty for certain stigma facts. A seller, lessor or landlord of real property, including a participant in an exchange of real property and any agent involved in such a transaction, shall not be liable for failure to disclose and shall not have a duty to disclose to any person who acquires, by voluntary or involuntary transfer, a legal or equitable interest in the real property, including any leasehold interest or security interest for an obligation, the fact or suspicion that the real property is or has been…63
  • Brokers must disclose known adverse material facts. …disclosure of any adverse material facts actually known by the associate broker or qualifying broker about the property or the transaction…64
New York N.Y. Real Prop. Law §§ 462, 463, 465 (Property Condition Disclosure Act)
  • Except as is provided in section four hundred sixty-three of this article, every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement as prescribed by subdivision two of this section and cause it, or a copy thereof, to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding contract of sale.66
  • Certificate of occupancy question. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES NO UNKN NA (IF NO, EXPLAIN BELOW)…66
  • One to four family dwelling. "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT OWNED IN FEE SIMPLE BY THE SELLER.66
North Carolina N.C.G.S. Chapter 47E (Residential Property Disclosure Act); NCREC form REC 4.22
  • Yes: seller must answer whether property violates building codes incl. missing permits. E3. Is the property in violation of any building codes (including the failure to obtain required permits for room additions or other changes/improvements)?68
  • Disclosure statement required before any offer. North Carolina law N.C.G.S. 47E requires residential property owners to complete this Disclosure Statement and provide it to the buyer prior to any offer to purchase.68
  • Owner may answer No Representation where offered. An owner is not required to disclose any of the material facts that have a NR option, even if they have knowledge of them.68
North Dakota N.D.C.C. § 47-10-02.1
  • Covers residential dwellings of up to four units sold by the owner. The real property is a residential dwelling with no more than four units located in this state being sold or exchanged by the owner.69
  • Seller prepares a written form before final acceptance. Except as otherwise provided in an offer to purchase agreement, before the parties sign the final acceptance of the purchase agreement for the sale, exchange, or purchase of the real property, the seller in a transaction subject to subsection 1 shall prepare a written disclosure form and shall make the written disclosure form available to the prospective buyer.69
  • Content standard: material facts. The written disclosure form must include all material facts the seller is aware could adversely and significantly affect an ordinary buyer's use and enjoyment of the property or any intended use of the property of which the seller is aware.69
Ohio ORC 5302.30; OAC 1301:5-6-10 (Residential Property Disclosure Form)
  • Residential Property Disclosure Form required by ORC 5302.30. This form is required by Ohio Revised Code Section 5302.30.71
  • Form asks about known building/housing code and zoning violations; it has no question specifically about permits or unpermitted work. L) ZONING/CODE VIOLATIONS/ASSESSMENTS/HOMEOWNERS’ ASSOCIATION: Do you know of any violations of building or housing codes, zoning ordinances affecting the property or any nonconforming uses of the property?71
  • Buyer may rescind the purchase contract if the form is not provided before the contract, by delivering a signed and dated rescission before the deadlines listed on the form (ORC 5302.30(K)). Pursuant to Ohio Revised Code Section 5302.30(K), if this form is not provided to you prior to the time you enter into a purchase contract for the property, you may rescind the purchase contract by delivering a signed and dated document of rescission to Owner or Owner’s agent, provided the document of rescission is delivered prior to all three of the following dates: 1) the date of closing; 2) 30 days after the Owner accepted your offer; and 3) within 3 business days following your receipt or your agent’s receipt of this form or an amendment of this form.71
Oklahoma 60 O.S. §§ 831-839 (Residential Property Condition Disclosure Act); OREC Appendix A form
  • Seller must deliver a disclaimer or disclosure statement on an OREC form. A seller of property located in this state shall deliver, or cause to be delivered, to the purchaser of such property one of the following…72
  • Disclosure covers structural systems and other listed matters. …structural systems, including the roof, walls, floors, foundation and any basement…72
  • Disclosure form asks about additions made without required permits. 11. Are you aware of any additions being made without required permits?73
Oregon ORS 105.464; ORS 105.465
  • Seller must deliver the statutory disclosure statement. (2) Except as provided in ORS 105.475 (4), a seller shall complete, sign and deliver a seller’s property disclosure statement as set forth in ORS 105.464 to each buyer who makes a written offer to purchase real property in this state.74
  • Form asks whether additions/remodeling needed and obtained a permit and final inspection. Are there any additions, conversions or remodeling? [ ]Yes [ ]No [ ]Unknown If yes, was a building permit required? [ ]Yes [ ]No [ ]Unknown [ ]NA If yes, was a building permit obtained? [ ]Yes [ ]No [ ]Unknown [ ]NA If yes, was final inspection obtained? [ ]Yes [ ]No [ ]Unknown [ ]NA…74
  • Form asks whether woodstove/insert was installed with a permit. *If yes, was it installed with a permit? [ ]Yes [ ]No [ ]Unknown…74
Pennsylvania 68 Pa.C.S. §§ 7303-7304; 49 Pa. Code § 35.335a
  • Seller must disclose known material defects on the disclosure statement. Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form).75
  • Form must cover additions, remodeling and structural changes. (7) Additions, remodeling and structural changes to the property.75
  • Form asks about additions and alterations. (7) Additions/remodeling. Have you made any additions, structural changes or other alterations to the property?76
South Carolina S.C. Code §§ 27-50-40, 27-50-65
  • Seller must give a written disclosure statement. (A) Except for transactions exempted under Section 27-50-30, the owner of the real property shall furnish to a purchaser a written disclosure statement.77
  • Statement must cover building codes, zoning and government notices. …the zoning laws, restrictive covenants, building codes, and other land-use restrictions affecting the real property, any encroachment of the real property from or to adjacent real property, and notice from a governmental agency affecting this real property…77
  • Form language is promulgated by the commission. The disclosure statement must contain the language and be in the form promulgated by the commission and the form may be delivered electronically through the Internet or other similar methods.77
South Dakota SDCL 43-4-37 to 43-4-44
  • Seller must deliver the disclosure statement before a written offer. The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer.78
  • Form asks about work that required a permit. Are you aware of any work upon the property which required a building, plumbing, electrical, or any other permit?79
  • Form asks whether a permit was obtained. Was a permit obtained for work performed upon the property?79
Tennessee
  • Related act on sinkhole disclosure. As enacted, specifies that a seller of residential property is required to disclose the presence of a known sinkhole on the property prior to entering into a contract with a buyer regardless of whether the sinkhole is indicated through the contour lines on the property's recorded plat map.83
Texas Tex. Prop. Code § 5.008
  • Seller of a single-dwelling home must give the written disclosure notice. (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.84
  • Notice asks whether seller is aware of unpermitted additions/alterations. __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.84
  • Seller answers to the best of their knowledge. (d) The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller.84
Utah No Utah statute requiring disclosure of unpermitted work was found; agent duty in Utah Admin. Code R162-2f-401a
  • Real estate agents may not keep a known property defect confidential. …confidentiality, which prohibits the agent from disclosing, without permission, any information given to the agent by the principal that would likely weaken the principal's bargaining position if it were known, but excepting any known material fact concerning:(i) a defect in the property…85
  • Agent must verify marketing information before listing. …before offering any property for sale or lease, make reasonable efforts to verify the accuracy and content of the information and data to be used in the marketing of the property…85
Vermont 9 V.S.A. § 2883; 30 V.S.A. § 51(h)(4)(D)
  • Seller must certify smoke and CO detectors at closing. (a) The seller of a single-family dwelling, including one constructed for first occupancy, whether the transfer is by sale or exchange, shall certify to the buyer at the closing of the transaction that the dwelling is provided with photoelectric-only-type smoke detectors and carbon monoxide detectors in accordance with this chapter.86
  • Violation does not create title defect. (c) Violation of this section or of the installation requirements of section 2882 of this title shall not create a defect in title.86
  • Owner-builder must disclose RBES noncompliance to buyer before P&S. (D) The owner discloses in writing to a prospective buyer, before entering into a binding purchase and sales agreement, with respect to the nature and extent of any noncompliance with RBES.87
Virginia Va. Code § 55.1-703; § 54.1-1101(B)
  • The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions, or any conveyances of mineral rights, as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection, as defined in § 54.1-500, a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency, and a residential building energy analysis, as defined in § 54.1-1144, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract…88
  • Buyer told to check with locality on zoning, lot coverage, setbacks. 2. The owner makes no representation with respect to current lot lines or the ability to expand, improve, or add any structures on the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a property survey and contacting the locality to determine zoning ordinances or lot coverage, height, or setback requirements on the property.88
  • Owner-builder sale requires CO or buyer written acknowledgment. B. Any person who is exempt from the provisions of this chapter as a result of subdivision A 7, 10, 11, or 12 shall obtain a certificate of occupancy for any building constructed, repaired or improved by him prior to conveying such property to a third-party purchaser, unless such purchaser has acknowledged in writing that no certificate of occupancy has been issued and that such purchaser consents to acquire the property without a certificate of occupancy.89
Washington RCW 64.06.020
  • Seller disclosure statement required for improved residential property. In a transaction for the sale of improved residential real property, the seller shall, unless the buyer has expressly waived the right to receive the disclosure statement under RCW 64.06.010, or unless the transfer is otherwise exempt under RCW 64.06.010, deliver to the buyer a completed seller disclosure statement in the following format and that contains, at a minimum, the following information…90
  • Form asks about conversions, additions or remodeling. *C. Have there been any conversions, additions, or remodeling?90
  • Form asks whether all building permits were obtained. *(1) If yes, were all building permits obtained?90
Wyoming W.S. § 34-1-151 (vacant land only)
  • Statutory seller disclosure statement applies to vacant land. Unless disclosure is waived as provided in subsection (b) of this section, every seller of vacant land shall provide [...] to any prospective buyer a property disclosure statement that includes, but is not limited to, the following information…91
  • "Vacant land" means land with no habitable dwelling. With no habitable dwelling…91
  • Buyer may waive. (b) A buyer may waive disclosure of the information required under subsections (a) and (e) of this section.91

Options before you list

  • Check the city’s permit records so you know what was and was not permitted (see permit lookup).
  • Legalize the work with an after-the-fact permit (see how to legalize unpermitted work).
  • Disclose what you know on the state form, and keep records of any permits obtained.

Sources

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