Alabama Property Condition Disclosure Statement

Alabama follows a caveat emptor ("buyer beware") doctrine for used residential properties, meaning sellers are generally not required to proactively seek out or volunteer information about a home's condition. That said, using a Seller's Property Condition Disclosure Statement is standard practice and helps facilitate a smoother transaction for both parties.

While this rule gives sellers some protection, Alabama courts have interpreted the state's fraud statute — Ala. Code § 6-5-102 — to require sellers to disclose known defects in three specific situations. First, if a defect could threaten the health or safety of the people living in the home — like toxic mold or a structural problem — the seller must disclose it. Second, if a buyer directly asks about a specific feature or issue, the seller is legally required to give an honest answer. Third, sellers are never allowed to actively hide, cover up, or lie about known problems with the property.

Completing a disclosure statement also works in the seller's favor: it creates a clear record of what was known about the property at the time of sale, offering protection against future claims of fraud or misrepresentation.

How Can I Get a Copy of the "Alabama Property Condition Disclosure Statement" form?

We will provide you a copy of any Iowa 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. Foreclosures and Deeds in Lieu of Foreclosure
2. Properties being sold by a lender after repossession
3. Transfers Between Family Members
4. Estate Sales and Probate
5. Court-Ordered Transfers
6. Transfers by Government Entities:
7. Non- Residential Commercial Properties
8. Transfers Without Consideration
    

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