What Must Sellers Disclose When Selling Real Estate in CT?
Residential sellers are legally required to make certain disclosures to their potential buyers (see Connecticut General Statute § 20-327b). In adherence to the law, sellers must complete a Residential Property Condition Disclosure Report, which asks them to honestly disclose:
- The age of the property
- The length of their occupancy in the property
- Whether their property is in an inland wet area or flood hazard
- Whether the heating system is functioning or has problems
- Whether the fuel tank has issues
- Whether plumbing, sewage, or hot water issues are a problem on the property
- Whether the electrical system or air conditioning unit/system is functioning or has issues
- If there are well or domestic water issues (concerning the quality, quantity, recovery, and/or pressure of the water)
- If there are any building or structural issues (including but not limited to issues with the flooring, ceilings, roof, sup pump, foundation/slab, patio, deck, and/or interior walls)
- Whether the is fire or smoke damage in the home
- Whether the wood in the home is treated or untreated
- Other relevant information concerning ownership of the property as well as its condition
To complete the form, the seller will have to sign the form in acknowledgment that they answered the questions and completed the form accurately based on the extent of their knowledge. Buyers will also have to sign the form to prove they received and reviewed the disclosure.
Sellers do not have to disclose that a property has paranormal activity or whether a death occurred on the property. It is also important to note that home inspections and/or property tests can still be conducted even if sellers complete the disclosure form.
Failure to complete a disclosure form can result in a $500 fine (paid to the buyer at closing), and failure to accurately and adequately disclose known property condition issues can lead to a lawsuit.
CT Property Condition Disclosure Exemptions
Sellers do not have to complete a disclosure in the following instances:
- One or more co-owners of the property are transferring ownership to one or more co-owners.
- The property is being transferred to a spouse, parent, grandparent, child, or sibling of the transferor without consideration of payment.
- The federal government, a political corporation, institution, or quasi-government agent is making the property transfer.
- The state is transferring ownership of the property.
- A new construction, residential property (with an implied warranty) is transferring ownership.
If a property does not have asbestos/lead present not has issues with its foundation, slab, basement leaks, or sump pumps, transfers of properties acquired in a foreclosure, in a foreclosure sale, or by a deed in lieu of foreclosure are also exempt.
Get Legal Help
When you purchased your property and moved in, you likely had dreams and plans associated with the property, and discovering issues that weren’t disclosed by the sellers can be frustrating and disheartening. Backed by over a century of collective legal experience, Fitzpatrick Mariano Santos Sousa P.C. can help you understand your legal rights and options if your home has undisclosed issues.
Our attorneys are known for providing aggressive and detailed legal counsel and can work tirelessly to help you obtain the best possible case results. Once you retain our services, we can conduct an investigation, collect evidence, and establish that the sellers failed in their duty to disclose.
Schedule an initial consultation today by calling (203) 583-8299 or reaching out online.