Full Disclosure: Timely Property Disclosures in Real Estate

by | Sep 11, 2023 | Sellers


When it comes to buying or selling a home, transparency is key. Homebuyers rely on accurate information to make informed decisions, while sellers want a smooth transaction process. One crucial aspect of this transparency is property disclosures. In this article, I delve into what property disclosures are, who is responsible for preparing them, why they should be available when a house is listed for sale, and what it means about a listing agent if disclosures aren’t ready at that time. I also suggest some questions you can ask prospective listing agents to verify their professionalism.

What Are Property Disclosures?

Property disclosures are documents that provide potential buyers with essential information about the condition and history of a property. They are designed to protect both buyers and sellers in a real estate transaction by disclosing any known issues or defects that could affect the property’s value or safety.

These disclosures typically cover various aspects of the property, including:

  1. Structural Information: Any known issues with the foundation, roof, walls, or structural components.
  2. Environmental Hazards: Disclosures about potential hazards like lead-based paint, asbestos, mold, or radon gas.
  3. Repairs and Renovations: Information about past repairs, renovations, or additions to the property.
  4. Utility Systems: The condition and age of plumbing, electrical, heating, and cooling systems.
  5. Legal Issues: Any legal disputes, property line disputes, or boundary encroachments that may affect the property.

By providing comprehensive information on the property condition, sellers indemnify themselves against future claims that material information on the home was withheld from buyers. Detailed disclosure documents also increase the likelihood that buyers will submit non-contingent offers, thus increasing the chances of a short, smooth escrow process.

Who is Responsible for Preparing Them?

In Berkeley and the surrounding inner east bay area, the seller and their real estate agent are responsible for preparing property disclosures. The idea is that the seller has the most intimate knowledge of the property, including its history and any issues it may have. This includes not only the physical structure but also any legal or environmental matters.

A great real estate agent will make sure that home and pest inspections are scheduled well before the listing date. This ensures that all reports are available to include in the full disclosure package when the house is listed for sale. In addition, the listing agent should coordinate with the seller to make sure that all disclosure questionnaires are completed in a timely fashion.

How Long Do They Take to Prepare?

The time it takes to prepare property disclosure documents can vary depending on several factors, including the complexity of the property and the level of organization of the seller and the listing agent. Typically, sellers should start gathering the necessary information well in advance of listing the property for sale.

Preparing property disclosures involves reviewing records, conducting inspections, and compiling all relevant information. This process will typically take anywhere from a few days to several weeks. It’s essential for sellers to start early to ensure that disclosures are ready when the house is listed.

Your listing agent should provide you with a detailed project plan at the beginning of the listing process. This plan should outline the seller responsibilities as well as those of the agent. There should be clearly defined deliverable dates for each task and any associated dependencies. Having this plan will keep you on track and ensure you complete the full disclosure package with plenty of time to spare.

Should Disclosures Be Ready When My Home Is Listed?

Absolutely! When a home is listed for sale on the Multiple Listing Service (MLS), it’s an indicator that the property is available for purchase. All relevant documents, including property disclosures, should be readily available to prospective buyers so they have all the information they need to make a purchase offer. Having a full disclosure package available when you go live on the MLS positions your home to take offers from the moment it is listed. While you may not want to take pre-emptive offers, you never know where the best and highest offer is going to come from, so it behooves you to make all information available from the get go!

Why Are So Many Homes Listed Before Disclosures Are Available?

There are rare situations that could lead to a delay in preparing property disclosures. It is possible that unexpected condition issues crop up during the listing prep process, or as the result of a home inspection report. In a hot sellers market the homeowner may not want to wait to list the home until the issues have been completely resolved, resulting in a delay in completing all the disclosures.

However, a far more common reason for disclosure delays is that many listing agents are not well organized. It is the responsibility of the listing agent to prepare a schedule that all necessary preparation is complete before listing the house for sale. The availability of a full disclosure package when a house is listed reflects on both the seller and the listing agent. Other reasons that might delay the disclosure package completion include:

  1. Inadequate Preparation: If disclosures are not available due to a lack of preparation on the seller’s part, it may suggest a lack of readiness or professionalism in the transaction.
  2. Communication Issues: It could be a sign of poor communication between the listing agent and the seller. A professional listing agent should ensure that the seller understands the importance of timely disclosures and guides the owner to complete all documentation well in advance of the listing date.
  3. Ethical Concerns: In some cases, delays in providing disclosures may raise ethical questions. Listing agents have a responsibility to uphold ethical standards and ensure transparency. A late disclosure package may lead buyers to wonder if the seller or listing agent have something to hide.

This means that you should be careful when looking to make an offer on a home where the disclosures have been slow to arrive as these delays should be the rare exception, not the rule. With comprehensive planning and clear communication, delays in preparing disclosures can almost always be avoided.

How To Screen For Great Listing Agents?

To ensure that you are working with the most professional listing agent who values communication, transparency, and ethical conduct, consider asking the following questions:

  1. Can you provide an estimated timeline for when property disclosures will be available?
  2. How do you ensure that sellers are well-informed about the importance of timely disclosures?
  3. Have you encountered situations where disclosures were delayed, and how did you handle them?
  4. What steps do you take to uphold ethical standards that promote transparency in real estate transactions?
  5. Can you provide references from previous clients who can speak to your professionalism and commitment to transparency?


Property disclosures are a vital component of any real estate transaction, designed to protect both buyers and sellers. They provide essential information about a property’s condition and history, helping buyers make informed decisions. In nearly every case property disclosures should be available when a house is listed for sale, reflecting the professionalism and readiness of the seller and listing agent. By asking the right questions and understanding the importance of timely disclosures, you can ensure a smoother and more transparent real estate experience.

If you have more questions on how this process works, reach out for more detail. I’m a strong advocate of professionalism and transparency and will always give you my honest feedback. I look forward to hearing from you!

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