Key Takeaways
- DC requires sellers of residential property (1-4 units) to provide a written disclosure statement to buyers
- The disclosure must be provided before or at the time of executing a purchase agreement
- Sellers must disclose known material defects in good faith based on their knowledge
- Federal lead-based paint disclosure is required for homes built before 1978
- Limited exceptions exist for court-supervised sales (probate, foreclosure)
DC Property Disclosure Requirements
The District of Columbia requires sellers to disclose property conditions to buyers under D.C. Code Chapter 13 (Residential Real Property Seller Disclosures).
Mandatory Seller Disclosure
Who Must Disclose
Sellers of residential property having no more than four units must provide a real property disclosure statement.
When to Disclose
The disclosure must be provided:
- Before executing a purchase agreement, OR
- At the time of executing a purchase agreement
Key Point: Unlike states with no disclosure requirement, DC mandates written disclosure from sellers.
What Must Be Disclosed
| Category | Examples |
|---|---|
| Structural conditions | Foundation, roof, walls |
| Systems | Plumbing, electrical, HVAC |
| Water issues | Leaks, flooding history, drainage |
| Environmental | Mold, lead paint, asbestos |
| Legal issues | Easements, encroachments, zoning |
| Known defects | Any material defects affecting value |
Standard of Disclosure
DC asks for a good-faith effort based on the seller's actual knowledge:
| Requirement | Explanation |
|---|---|
| Good faith | Honest disclosure based on what seller knows |
| Actual knowledge | Seller reports what they actually know |
| Best understanding | Not required to investigate or inspect |
Important: Sellers are responsible for completing the disclosure themselves—not agents or brokers.
Material Defects
Definition
A material defect is a condition that:
- May impact the value of the property
- Would be important to a reasonable buyer
- Is known to the seller
What Must Be Disclosed
| Must Disclose | Examples |
|---|---|
| Physical defects | Foundation issues, roof leaks, structural problems |
| Environmental hazards | Mold, flooding, contamination |
| Systems not working | HVAC, plumbing, electrical issues |
| Legal encumbrances | Easements, liens, zoning violations |
Consequences of Non-Disclosure
| Consequence | Details |
|---|---|
| Fraud/misrepresentation claims | Buyer can sue even in "as-is" sales |
| Payment for repairs | Seller may be liable |
| Attorney fees | May be awarded to buyer |
| Sale reversal | In extreme cases |
Warning: Lying on a disclosure document is illegal. Buyers may have cause to sue for misrepresentation.
Exemptions from Disclosure
Limited exemptions exist:
| Exempt Sales | Reason |
|---|---|
| Court-supervised sales | Probate, foreclosure |
| Estate sales | Seller lacks firsthand knowledge |
| Government sales | Different requirements apply |
Note: Even in exempt sales, licensees must still disclose known material defects.
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Critical: Lead-based paint disclosure is REQUIRED regardless of DC disclosure requirements—this is federal law (Residential Lead-Based Paint Hazard Reduction Act).
"As-Is" Sales
Selling a property "as-is" in DC:
| Factor | Rule |
|---|---|
| Buyer accepts | Current condition with all defects |
| Seller repairs | Not required |
| Disclosure still required | YES—must disclose known defects |
| Liability for non-disclosure | Still applies |
Key Point: "As-is" does NOT eliminate disclosure requirements in DC.
When must a DC seller provide the property disclosure statement to a buyer?
Does selling a property "as-is" in DC eliminate the seller's disclosure obligations?
Which of the following MUST be disclosed under federal law for homes built before 1978?