Utah Seller's Property Condition Disclosure

In Utah, the law usually follows the idea of “caveat emptor,” or "buyer beware" meaning the burden is on buyers to inspect and discover property defects before closing. However, the Utah Supreme Court has created important limits to this rule. Under Title 57, if a seller knows about serious problems with the property that wouldn’t be found in a standard inspection, they must share that information with the buyer.

To do this, sellers fill out a Seller’s Property Condition Disclosure form, which asks specific questions about the home’s condition. It’s important to answer honestly and not guess. Being upfront can actually protect you. If you hide a known issue and the buyer finds out later, you could face serious consequences, including paying up to three times the cost of the damage as well as the buyer’s legal fees.

How Can I Get a Copy of the "Utah Seller's Property Condition Disclosure" form?

We will provide you a copy of any Utah disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Are There Any Exemptions to Providing the Disclosure?

Yes, please review the civil code for the most current list. 

1. Probate or estate sales by a personal representative/executor  
2. Transfers by a trustee who has not occupied the property 
3. Court-ordered transfers  
4. Foreclosure sales and lender-owned (REO) sales 
5. Bankruptcy trustee sales  
6. Transfers between co-owners
7. Transfers between spouses or pursuant to divorce   
8. Transfers to close family members 
9. Government transfers  
10. Certain commercial/non-residential transactions  
11. New construction that has never been occupied    

Return to Utah Real Estate Disclosure Requirements