Utah FSBO Disclosure Checklist: Don't Miss a Single Requirement

When you're selling your Utah home as a For-Sale-By-Owner, disclosures aren't optional—they're legally mandated. One missed form or incomplete disclosure can unravel your entire transaction, open you to buyer lawsuits, or even void the sale. This utah fsbo disclosure checklist walks you through every disclosure requirement in Utah, so you don't accidentally expose yourself to legal liability.

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Utah's Core Disclosure Requirements for FSBO Sellers

Utah real estate law requires sellers to disclose known property defects and submit specific forms before buyers sign the purchase agreement. The Utah Contract to Buy or Sell Real Estate (REPC) explicitly lists required disclosures. If you're selling FSBO, you're responsible for providing every one—even if you don't have a real estate agent managing the paperwork.

The Utah Seller's Disclosure Form

The Property Condition Disclosure Form is the foundation of your utah fsbo disclosure checklist. You must disclose the condition of:

• Foundation and structure: Cracks, settling, water damage, or previous repairs
• Roof condition: Age, leaks, repairs, or replacement date
• HVAC systems: Furnace, air conditioning, and ventilation working order
• Plumbing: Leaks, water pressure issues, septic system condition
• Electrical: Outdated wiring, breaker problems, or service upgrades
• Appliances: Which ones stay or go, and their condition
• Water quality: Radon, lead, well water, or municipal supply issues
• Flooding or water issues: Past flooding, drainage problems, or moisture intrusion
• HOA information: If applicable (see HOA disclosure requirements below)

In Utah, you must disclose defects you know or should know about. "I didn't notice" won't protect you. Courts interpret this as actual knowledge plus what a reasonable person would discover during normal use and maintenance. Document your answers carefully—vague or evasive language is a red flag to buyers and their attorneys.

Lead-Based Paint Disclosure

If your Utah home was built before 1978, federal law requires a lead-based paint disclosure—not just state law. You must:

• Disclose known lead hazards
• Provide the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Allow buyers a 10-day inspection period for lead testing
• Retain the buyer's signed acknowledgment in your records

Missing this disclosure is a federal violation and can result in significant fines.

Transfer on Death Deed Disclosure (if applicable)

If you own the property through a Transfer on Death (TOD) deed, you must disclose this arrangement to buyers. TOD deeds pass property directly to a designated beneficiary outside probate, but the buyer needs to know the current state of title and any restrictions.

Homeowners Association (HOA) Disclosure

If your property is in an HOA, Utah law requires you to provide:

• Copies of the HOA bylaws and rules
• Financial statements and reserve studies
• Disclosure of special assessments or pending assessments
• The HOA contact information and annual fees
• A statement about whether the HOA is in good financial standing

Utah law requires you to provide this information within 3 days of the buyer's offer (or as specified in the purchase agreement). Failure to do so can void the sale or expose you to damages.

Water Rights Disclosure

Utah is a water-scarce state. If your property has water rights—whether from an irrigation company, well, or municipal source—you must disclose:

• Whether water rights are included in the sale
• Any restrictions on their use
• Whether the rights are perfected or conditional
• Any ongoing disputes or liens on the rights

This is critical in rural areas and areas relying on irrigation. Buyers in Utah always ask: Is the water included? Answer clearly in writing.

Manufactured Home or Condo Disclosures

If you're selling a manufactured home in Utah, disclose:

• The home's age and current condition
• The land ownership (do you own or lease?)
• HOA rules and fees (if in a park with an HOA)

For condos, provide the same HOA and financial documentation as above.

Timing: When Must Disclosures Be Provided?

Utah's REPC requires most disclosures before or with the purchase agreement. Late disclosures can:

• Give the buyer cold feet and kill the deal
• Trigger re-inspections or renegotiations
• Land you in litigation if the buyer later claims you buried bad news

Best practice: Prepare your Property Condition Disclosure Form and gather HOA/HOA financial records before you list. Combine them in a single disclosure package so buyers see everything up front.

Common Disclosure Mistakes Utah FSBO Sellers Make

Omitting minor issues. Buyers' inspectors will find them. Disclosure is cheaper than litigation. Omit a roof leak or foundation crack, and if it's discovered—even after closing—you're liable for repairs.

Leaving the form vague. "House is in good condition" isn't enough. State specific systems and conditions: "HVAC furnace replaced 2015, roof replaced 2018, no known leaks."

Missing the HOA timeline. Utah law specifies 3 days for HOA disclosure. Late delivery is a breach.

Forgetting lead disclosure on pre-1978 homes. This is a federal issue. Don't skip it.

Your Utah FSBO Disclosure Checklist

• ☐ Utah Property Condition Disclosure Form (completed honestly and thoroughly)
• ☐ Lead-Based Paint Disclosure (if home built before 1978)
• ☐ Water Rights Disclosure (if applicable)
• ☐ HOA bylaws, financial statements, and reserve study (if in HOA)
• ☐ Other required disclosures per purchase agreement
• ☐ Any addenda or amendments requested by buyer

Ready to get started? Tyler offers a free 15-minute consultation — schedule yours at utahfsbohelp.com/contact.