12 Seller Disclosure Red Flags That Could Cost You Thousands
How to read between the lines and spot problems before they become your problems
The seller's disclosure is one of the most important documents you'll receive when buying a home. It's where sellers are legally required to reveal known defects, past problems, and potential issues with the property.
But here's the thing: not all disclosures are created equal. Some sellers are forthcoming. Others... aren't. And some use carefully crafted language that technically answers questions without actually telling you anything useful.
After analyzing thousands of seller disclosures, we've identified the patterns that separate honest sellers from ones hiding something. Here are the 12 red flags that should make you dig deeper.
The Red Flags
When a seller marks "unknown" on nearly every question — especially for basic things like "Are you aware of any roof leaks?" — it's often a deliberate strategy to avoid liability.
Think about it: If you've lived in a house for 5+ years, you know whether the roof leaks. You know if the basement floods. Claiming ignorance about obvious things suggests the seller is either lying or wasn't paying attention to serious problems.
The disclosure mentions recent work — a new bathroom, finished basement, electrical upgrades — but when you check with the city, there are no permits on file.
Unpermitted work is a ticking time bomb. It may not meet code. It could affect your insurance. And when you eventually sell, it becomes YOUR problem to disclose.
While "as-is" sales are sometimes legitimate (estate sales, bank-owned properties), this phrase in a normal sale often signals the seller knows there are problems they don't want to deal with.
Important: Even in an as-is sale, sellers are still legally required to disclose known defects in most states. "As-is" means they won't fix anything — not that they can hide problems.
Phrases like "there was water intrusion that was repaired" or "previous leak was fixed" sound reassuring. But water damage is rarely a one-time event. If water got in once, it can get in again.
More importantly: Was the root cause fixed, or just the visible damage? Patching drywall doesn't fix a drainage problem.
When sellers describe foundation cracks as "cosmetic" or mention they've been "monitored," it often means there's a real issue they're downplaying.
Cosmetic cracks exist, but that diagnosis should come from a structural engineer — not a seller trying to minimize concerns.
If the sellers owned the home for less than 2 years, ask why they're selling. Sometimes it's legitimate (job relocation, family changes). But sometimes people sell quickly because they discovered problems after buying.
Look at the price they paid vs. what they're asking. If they're selling at a loss or barely breaking even, something might be wrong.
If the disclosure mentions past insurance claims — especially for water, fire, or mold — the property has a CLUE report (Comprehensive Loss Underwriting Exchange) that future insurers will see.
Multiple claims can make the home difficult or expensive to insure, which affects your costs and resale value.
Any mention of "boundary disagreements," "neighbor issues," or "pending resolution" should raise alarm bells. These problems don't disappear when ownership changes — they become your problems.
Boundary disputes can be incredibly expensive to resolve legally, and difficult neighbor relationships affect your daily life.
If the disclosure is vague about HOA finances, pending assessments, or planned improvements, dig deeper. Special assessments can hit you with unexpected bills of $10,000-$50,000+ for things like roof replacements or structural repairs.
Statements like "property is in a flood zone but has never flooded" or "radon test showed elevated levels but well within safe range" attempt to disclose while simultaneously dismissing.
If it's disclosed, it's disclosed for a reason. Don't let the seller's interpretation override your own due diligence.
The disclosure says "no water intrusion" but you notice staining on the basement walls. It says "roof in good condition" but you can see missing shingles from the street. These contradictions are serious.
Either the seller is lying, or they're genuinely unaware of obvious problems (which raises its own concerns).
A disclosure that claims absolutely nothing is wrong — no defects, no repairs, no issues of any kind — is suspicious, especially for an older home.
Every home has something. A 30-year-old house with "no known defects" either has an extremely meticulous owner or one who isn't being forthcoming.
Disclosure Language: What It Really Means
Decoding Common Phrases
"To the best of my knowledge"
Legal hedge. They might know more than they're saying.
"Minor settling"
Could be serious foundation movement. Get a structural engineer.
"Property sold as-is"
They know there are problems and won't fix them.
"Typical for age of home"
There are problems they're normalizing. May still need expensive repairs.
What Sellers Must Disclose (By Law)
Requirements vary by state, but sellers typically must disclose:
- Known material defects — Anything that affects value or desirability
- Environmental hazards — Lead paint (federally required for pre-1978 homes), mold, asbestos, radon
- Natural hazards — Flood zones, earthquake faults, fire hazard areas
- Deaths on the property — Required in some states within a certain timeframe
- HOA information — Fees, rules, pending litigation, financial health
- Boundary disputes — Any known issues with property lines or easements
⚠️ Important: "I didn't know" is a common defense. Sellers are only required to disclose what they actually know (or should reasonably know). This is why your own inspection is so critical — you can't rely on the disclosure alone.
Protecting Yourself
The seller's disclosure is a starting point, not the finish line. Here's how to protect yourself:
- Read every word — Don't skim. The most important information is often buried in fine print or handwritten notes.
- Cross-reference with the inspection — Does what the seller disclosed match what the inspector found?
- Ask follow-up questions — You can request clarification on anything vague or concerning.
- Verify claims — "Roof replaced in 2020" should come with receipts and warranty information.
- Get specialty inspections — For concerns raised in the disclosure (foundation, sewer, chimney, etc.)
- Trust your instincts — If something feels off, investigate further.
The Bottom Line
A seller's disclosure is a legal document, but it's also a glimpse into how the seller approaches honesty and transparency. Red flags in the disclosure often predict red flags in the transaction — and in the house itself.
The best protection is reading carefully, asking questions, and never assuming the disclosure tells the whole story. Your inspection exists to verify what the seller claims — and to uncover what they didn't mention.
📚 Related Guides
→ How to Read a Home Inspection Report → How to Negotiate After a Home Inspection → Home Inspection Repair Costs: What Everything Actually Costs → First-Time Homebuyer Inspection ChecklistThink You Can Spot Disclosure Contradictions?
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