The Act requires the seller to disclose known defects through use of the Real Property Disclosure Report. The report, simple to complete and understand, should not be filled out by anyone but the seller.

It is a series of twenty-two questions that pertain to the condition of various areas in and about the home, including but not limited to: flooding and leakage; foundations, roof, and chimney; ceilings, walls and floors; plumbing, heating, air conditioning, ventilation and electrical systems; fireplace or wood burning stove; water (well) and sewer (septic) defects; high concentrations of radon, asbestos, and lead; termite infestation; and boundary and/or lot line disputes.

It is important to note that the law does not require the seller to investigate prior to completing the form. The seller is only required to honestly disclose known conditions. In addition, the report was not designed to take the place of any inspection(s) the buyer may wish to obtain.

The law requires that the seller furnish the report to the buyer prior to the purchase contract becoming fully executed. It is in the best interest of the seller to make sure that the buyer has signed and dated the report as acknowledgement of receipt (or some other form of acknowledgment) prior to signing the contract. In the event the report is not given to the buyer prior to the buyer being bound by a contract, there are specific rights the buyer has to rescind the contract upon disclosure of a material defect.

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