
If you’re selling a home, one of the most important responsibilities is disclosing adverse material facts. These are significant defects or issues that could negatively impact the property’s value or safety. Failing to disclose them can lead to legal consequences, lost sales, and damaged reputation.
What Are Adverse Material Facts?
Adverse material facts are problems with the property that a reasonable buyer would consider important when deciding to purchase. Examples include:
- Structural issues like foundation cracks or roof damage
- Water damage, mold, or pest infestations
- Plumbing or electrical problems
- Environmental hazards such as lead paint or asbestos
Why Disclosure Matters
Disclosure protects both the buyer and the seller. It helps the buyer make an informed decision and reduces the risk of lawsuits for the seller. Transparency builds trust and facilitates a smoother transaction.
State and Local Laws Vary
Requirements for disclosure differ by state and sometimes even by municipality. Some states have standardized disclosure forms, while others rely on more general obligations to disclose known defects. It’s essential to know your local laws and comply fully.
Tips for Sellers
- Be Honest – Only disclose facts you know. Hiding problems can backfire.
- Document Everything – Keep records of inspections, repairs, and communications.
- Consult a Real Estate Professional – Your agent or attorney can guide you through state-specific disclosure requirements.
Selling a home comes with legal and ethical responsibilities. Disclosing adverse material facts ensures a fair transaction, protects you from liability, and helps maintain your credibility as a seller. Transparency isn’t just smart—it’s essential.
If you’re considering a move or investment and require a trusted Real Estate Broker, we’re here to assist you. Contact us via email at TEAM@McDanielCallahan.com, complete the form below, or give us a call at 925-838-4300. We are ready to provide expert guidance and support for all your real estate needs. Terry McDaniel DRE License #00941526








