Legal
FSBO Legal Disclosures: What You MUST Tell Buyers (by State)
Every state requires sellers to disclose known defects. Here is what FSBO sellers in LA, MS, AL, GA, TX, and FL legally have to share.
7 min read · Updated 2026-04-18
Not disclosing a known defect can get you sued, even years after closing. Every state has its own mandatory disclosure form. Miss an item and the buyer has grounds for a rescission (undoing the sale) or damages claim.
**This is not legal advice.** Always consult a real-estate attorney in your state before signing anything.
Federal requirement — lead paint
If your home was built **before 1978**, federal law (42 U.S.C. 4852d) requires you to:
This applies in ALL 50 states. No exceptions.
State-by-state highlights
Louisiana
Uses the Louisiana Residential Property Disclosure Statement (LSA-R.S. 9:3196). Seller must disclose defects in roof, foundation, plumbing, electrical, HVAC, flooding history, termites, and boundary disputes. Flooding disclosure is especially important — if the home has flooded in the last 5 years, you MUST disclose.
Mississippi
Mississippi Residential Property Disclosure (§89-1-501). Covers the same major systems plus water wells, septic, and any environmental hazards known to the seller.
Alabama
Alabama is a "caveat emptor" (buyer beware) state — meaning less is legally required. However, you still cannot actively conceal a defect or misrepresent one if asked. Most attorneys advise using the voluntary Alabama Seller Property Disclosure Form anyway to reduce liability.
Georgia
Georgia Seller's Property Disclosure Statement is not mandatory by statute, but a seller has a common-law duty to disclose known latent (hidden) defects. Concealing a leaky roof or termite history opens you to a fraud lawsuit.
Texas
Texas Property Code §5.008 requires the Seller's Disclosure Notice on almost all residential sales. Skipping it gives the buyer an automatic right to terminate within 7 days of receipt.
Florida
Florida requires disclosure of any "material defect" known to the seller under Johnson v. Davis (1985). No standard form is required by statute, but the Florida Realtors form is industry standard.
What counts as a "material defect"?
Anything a reasonable buyer would want to know about before making an offer. Examples:
Bottom line
When in doubt, **disclose**. A $1,000 issue you disclose is a negotiation. A $1,000 issue you hide is a lawsuit. OpenList Elite includes attorney consults that cover disclosure form review — use them.