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

By Spivey & Daniel Real Estate Group

The Spivey & Daniel Real Estate Group is a dedicated real estate collective built on education, strategy, and service.

Are you clear on what you’re legally required to disclose when selling a home in 2026? It’s easy to overlook, but getting it wrong can create major problems after closing. Our team has seen deals get renegotiated midway because sellers skipped inspections or failed to disclose issues. Failing to mention problems like mold, plumbing defects, or roof damage often leads to delays, added costs, and unnecessary stress.

Being transparent from the start helps protect you, keeps the transaction smoother, and builds buyer trust. So, here are the three types of disclosures every seller should know and why handling them early matters.

1. Material defects. These are issues that affect a home’s value or the safety of anyone living there, such as foundation cracks, plumbing problems, faulty electrical systems, roof leaks, or water damage. A simple rule of thumb we follow is if a buyer would want to know about it before making an offer, it must be disclosed.

For instance, we once represented a buyer who discovered a water leak, which led to finding mold and performing an air quality test. Had the seller disclosed these issues upfront, we could have avoided renegotiating midway through the contract. Being transparent about material defects early keeps the sale on track and prevents surprises.

2. History of repairs and renovations. If you’ve done major work on your home, like a kitchen remodel, new roof, or updated systems, it’s important to share that with buyers. They need to know about permits, warranties, and any fixes involved, even if a licensed contractor completed the work. This is especially critical for big-ticket renovations that could affect your home’s value.

We’ve seen sellers add unpermitted bathrooms, which forced renegotiation to either obtain permits or adjust the price. Checking for code violations and disclosing them upfront helps prevent surprises and keeps the sale on track.

3. Environmental hazards. Hazards like lead-based paint, radon, asbestos, and mold must always be disclosed to buyers. In 2026, buyers are more thorough than ever, often hiring environmental inspectors to check air quality and potential contamination.

We’ve handled properties where mold was found, requiring an air quality test. So, if you’re aware of any environmental issues, it’s essential to address them up front. Even minor problems should be disclosed to prevent contract cancellations or unexpected costs.

When in doubt, consult a real estate expert. Being transparent protects you, keeps the deal on track, and helps prevent legal headaches. By disclosing material defects, repairs or renovations, and environmental hazards upfront, you build trust with buyers and keep the transaction moving smoothly.

If you have questions about required disclosures or how to prepare your home for sale in 2026, contact us at 510-500-5428 or info@spiveydaniel.com. We’re here to guide you through the process and ensure you’re fully prepared before listing.