Seller Disclosure Laws and Foundation Problems: A National Overview

Last reviewed October 28, 2026 · 2 sources cited

Almost every state requires home sellers to disclose certain known problems, and foundation or structural defects are standard items on most forms. The rules, forms, exemptions and remedies differ by state, so this page is an orientation, not legal advice.

The general picture

Nolo, a legal-information publisher, reports that almost every U.S. state has passed laws requiring sellers to give buyers specific information about a home's features and condition, that many states provide standard forms, and that in some states brokers must also disclose hidden conditions. Its overview does not identify which states lack a mandate and is undated.^[1] Real estate attorneys can tell you exactly where your state stands.

What disclosure forms typically ask

Forms vary, but foundation and structure are usually covered. For a concrete example, the statutory Texas seller's disclosure notice asks sellers to describe known defects in foundation or slab, walls, floors and other structural components, and lists conditions including previous structural or roof repair, settling and soil movement, improper drainage and unpermitted alterations.^[2] See Texas foundation disclosure law.

For sellers

• Disclose what you know. The duty is typically based on actual knowledge, not on discovering new problems.
• Keep records of any repair, and give them to the buyer.
• Do not conceal damage; see does foundation repair hurt resale value?

For buyers

• Read the disclosure line by line, and compare with what you see; see signs of foundation problems.
• A disclosure is not an inspection. Get an independent evaluation; see buying a house with foundation problems.
• In some states you may have a right to terminate if the form was not delivered; Texas, for example, allows termination within seven days after receiving a late notice.^[2]