What Are the “Must-Disclose” Items When Selling Your Home in 2026

By Troy Patterson

Troy holds designations as a Luxury Home Marketing Specialist, Graduate Realtor Institute, Certified Residential Specialist, and Military Relocation Professional. He has certifications as a financing specialist in Virginia and a pre-licensing instructor in the District of Columbia.

What are you legally required to disclose when selling a home? This is one of those things that’s easy to overlook, but getting it wrong can create serious problems after closing. Being upfront from the start not only protects you legally, but it also makes the entire sales process smoother and builds trust with buyers.

To prevent bigger issues that could derail your sale, here’s a clear breakdown of the key disclosures sellers need to understand and why transparency matters so much.

Disclosure laws in the DMV. Disclosure requirements differ depending on whether your home is in Washington, DC, Maryland, or Virginia, and those differences matter.

In Washington, DC, the law requires sellers to disclose what they know about the condition of the property. If you’re aware of a defect, you must reveal it. The standard is straightforward: disclose known material issues.

Maryland gives sellers two choices. You may complete a disclosure form and share known defects, or you may choose to disclaim knowledge of the property’s condition. However, disclaiming doesn’t protect you if it can later be proven that you knew about hidden defects and failed to share them. In that situation, you could face legal exposure.

Virginia follows a buyer-beware framework, which places more responsibility on the buyer to investigate the property. That said, sellers can’t misrepresent or conceal known defects. If a buyer asks you a direct question about a problem, you’re legally required to answer truthfully.

Understanding which set of rules applies to your property is the first step in protecting yourself.

1. Material defects. Material defects are issues that can affect the home’s value or the safety of the people living in it. These include foundation cracks, plumbing problems, faulty electrical systems, roof leaks, and water damage. Even problems that seem minor to you can influence a buyer’s decision.

The general rule is simple: if it’s something a buyer would want to know before making an offer, it needs to be disclosed. Being clear about these issues upfront prevents surprises later and helps keep the transaction on track. Addressing material defects honestly also reduces the risk of legal or financial consequences after closing.

2. History of repairs or renovations. If you’ve completed major work on your home, such as a kitchen remodel, a new roof, or updated systems, that information should be shared with buyers. Even when a licensed contractor handled the job, buyers will want details about permits, warranties, and any issues that were corrected along the way.

This is especially important for high-value renovations that could influence the home’s future market value. Clear documentation and open communication reassure buyers that the home has been properly maintained and cared for, which can strengthen their confidence in moving forward.

3. Environmental hazards. Environmental hazards must always be disclosed. This includes lead paint, radon, asbestos, and mold. In 2026, buyers are more informed and more cautious. Many hire environmental inspectors to test air quality and check for contamination before closing.

If you’re aware of any environmental issue, it’s essential to disclose it, even if it seems minor. Failing to do so could result in lawsuits, canceled contracts, or significant financial liability. When you’re unsure whether something should be disclosed, seeking professional guidance is the safest move.

By sharing these must-know disclosures, you protect yourself and create a smoother path to closing. Transparency isn’t just about following the law. It’s about reducing risk, avoiding disputes, and building trust with the buyer from day one.

If you’re ready to sell now or just starting to think about it, feel free to call or text me at 202-417-8735 or email me at speragroup@ttrsir.com. I can guide you every step of the way and make sure your home sale goes as smoothly as possible.