Once you accept an offer on Utah’s state-approved Real Estate Purchase Contract (REPC), the clock starts on a list of documents you owe the buyer. The REPC calls them the Seller Disclosures, and they are due by the Seller Disclosure Deadline written into Section 24 of the contract. Pulling them together before you list makes that first deadline easy and builds trust with buyers.
What the REPC lists as “Seller Disclosures”
Section 7 of the REPC asks the seller to provide these items, in hard copy or electronically, no later than the Seller Disclosure Deadline:
Property condition disclosure
A written seller property condition disclosure for the home, completed, signed, and dated by the seller.
Lead-based paint form
A Lead-Based Paint Disclosure & Acknowledgement, but only if the home was built before 1978.
Title commitment
A Commitment for Title Insurance, usually prepared by the title company handling the sale.
HOA and CC&R documents
Any restrictive covenants (CC&Rs), rules, and regulations, plus the HOA’s most recent minutes, budget, and financial statement if there is an association.
Depending on the property, the list also includes:
- Any long-term leases that don’t end before closing, and any short-term rental bookings for after closing.
- Any existing property management agreements.
- Evidence of water rights or water shares included in the sale.
- Written notice of claims or conditions you know about relating to environmental problems or building or zoning code violations.
- If FIRPTA applies because the seller is a foreign person for U.S. tax purposes, the REPC asks the seller to tell the buyer in writing so closing isn’t delayed.
Your duty on known defects
Section 10.3 of the REPC says the seller agrees to disclose in writing defects known to the seller that materially affect the value of the property and that a reasonable inspection by an ordinary prudent buyer wouldn’t discover. The seller also agrees to carefully review and complete the condition disclosure, deliver the home in substantially the same condition as at Acceptance (ordinary wear and tear excepted), leave it broom-clean, and repair any moving damage. Those promises survive closing.
The simplest approach: answer every question on the disclosure honestly and completely, and if you aren’t sure about something, say so rather than guess.
Homes built before 1978: the federal lead rule
For most homes built before 1978, the EPA’s Lead-Based Paint Disclosure Rule requires the seller, before the buyer signs, to give the buyer the Protect Your Family From Lead in Your Home pamphlet, disclose known lead-based paint or hazards, share available records and reports, and include a Lead Warning Statement. Buyers get a 10-day opportunity for a lead inspection or risk assessment, which the parties can change by written agreement or the buyer can waive.
What happens after you deliver them
The buyer reviews the Seller Disclosures as part of their due diligence. Under the REPC, if the results are unacceptable to the buyer, they can cancel or resolve objections with you in writing by the Due Diligence Deadline. Clear, complete disclosures up front tend to mean fewer surprises in that window. Our REPC deadlines guide walks through every date.
Get ahead of it before you list
- Gather your paperwork: HOA contact and documents, CC&Rs, permits and receipts for major work, warranties, and any water share certificates.
- Know your home’s year built, so you know whether the lead-based paint form applies.
- Write down what you know about past repairs, leaks, or insurance claims while it is fresh.
- Ask us for the current forms. The state updates its forms from time to time, and your signed contract governs your sale.
Sources
- Utah Division of Real Estate: state-approved forms, including the REPC and lead-based paint forms ↗
- U.S. EPA: Real estate disclosures about potential lead hazards ↗
This article is general information, not legal advice. Ask us to walk you through your own disclosures, and consult an attorney for legal questions.