The FSBO Legal Checklist: What You Must Disclose
Why Disclosures Matter
Failing to disclose known issues with your property can lead to lawsuits, rescinded sales, and significant financial liability. As an FSBO seller, you're responsible for the same disclosures that a real estate agent would handle.
Federal Requirements
These apply in ALL states:
Lead-Based Paint Disclosure
If your home was built before 1978, federal law requires you to:
Penalty for non-compliance: Up to $19,507 per violation
State-Specific Disclosures
Most states require a seller's disclosure form covering:
Structural Issues
Systems
Environmental
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Common FSBO Legal Mistakes
1. Skipping the Disclosure Form
Even in "caveat emptor" (buyer beware) states, you must disclose known material defects. Don't skip this.
2. "As-Is" Doesn't Mean No Disclosures
Selling "as-is" means you won't make repairs — you still must disclose known issues.
3. Using Outdated Forms
Real estate forms change regularly. Use current, state-specific forms from services like US Legal Forms or Rocket Lawyer.
4. Not Using a Real Estate Attorney
A real estate attorney ($500-1,500) reviews your contract, ensures proper disclosures, and protects you from liability. This is the best money you'll spend as an FSBO seller.