Thinking about selling your home in Bountiful or elsewhere in Davis County? The seller disclosure can feel just as important as your list price. You want a smooth sale, fewer surprises, and confident buyers. This guide explains Utah’s Seller’s Property Condition Disclosure, what to disclose for our local housing stock, when to deliver it, and how to stay accurate from listing to closing. Let’s dive in.
What the Utah disclosure is
The Seller’s Property Condition Disclosure is a written form where you report known material defects and important facts about your property. In Utah, it supports consumer protection by helping buyers make informed decisions and setting clear expectations on the home’s condition.
The form is administered at the state level and is commonly used in transactions that rely on standardized Utah Association of REALTORS forms. Federal rules can overlap with certain items. For example, properties built before 1978 require a separate federal lead-based paint disclosure.
Most sellers of single-family residential homes provide the disclosure unless a specific legal exemption applies. Common exemptions may include transfers ordered by a court, some foreclosures or short sales, certain transfers between co-owners or spouses, or sales by a fiduciary. Exemptions are defined by Utah law, so verify current rules with the Utah Division of Real Estate or a qualified professional if you believe an exemption might apply.
When you answer the form, focus on what you actually know. “Known” means you have actual knowledge. A “material defect” is a condition that would significantly affect the home’s value or a person’s health or safety. If you are unsure, say so and share any reports or documents that clarify the issue.
What to disclose in Bountiful
Our area has a range of home ages and styles. Many neighborhoods include mid-century homes with basements, older plumbing or electrical systems, and both flat and hillside lots. These traits make certain disclosure topics especially important.
Structure and major systems
Be direct about the foundation, framing, roof, electrical, plumbing, and HVAC. If you know of past or current issues, share details and any repair documentation. For older homes, note any older materials or systems you know about, such as older wiring types or older plumbing lines.
Water, drainage, and hillside lots
Bountiful includes sloped streets and hillside properties. Share any known water intrusion, drainage concerns, grading problems, or basement moisture. If you have installed drains, sump pumps, or regrading, include when and by whom the work was done.
Expansive soils and movement
Parts of Utah have expansive clay soils that can affect foundations. If you know of settlement, heaving, or past foundation repairs, disclose it and provide any engineer reports or repair receipts.
Environmental and hazardous items
Disclose known issues with mold, asbestos, radon tests, or contaminated soil. Homes built before 1978 require a federal lead-based paint disclosure. Also disclose any known history of illegal drug production or contamination and whether remediation occurred.
Flooding and proximity to water
Even if your property is not in a special flood hazard zone, disclose any known seasonal water, local drainage challenges, or past flooding events. Buyers may check FEMA flood maps and local information, so being upfront builds trust and avoids delays.
Seismic and structural impacts
Utah is seismically active. If you know of structural or foundation damage connected to a seismic event, disclose it and any related repairs.
Additions, renovations, and permits
If you completed additions or significant remodels, note whether work was permitted and approved. Unpermitted work should be identified so buyers understand what they are purchasing and can plan next steps.
Legal, boundary, and nuisance items
Report known encroachments, easements in dispute, boundary disagreements, or notices from neighbors. Also disclose any known utility or service issues and persistent nuisances that materially affect use or value.
Documents to gather before listing
Pulling records early helps you answer questions accurately and move faster once you receive an offer. Start a simple file for these items:
- Building permits and approvals for additions or major repairs
- Past inspection reports and contractor invoices
- Roofer, foundation, or system warranties
- Insurance claim history and claim-related repairs
- Well or septic records and water-quality tests, if applicable
- HOA documents and recent assessments for attached or planned communities
For local records, check Bountiful City or Davis County permitting offices, the County Recorder for recorded documents, and the County Assessor for property records and plats.
When to deliver the disclosure
Best practice is to provide the disclosure at listing or before a buyer writes an offer. Early delivery increases buyer confidence and can reduce renegotiations later.
Most Utah purchase contracts include a defined review period that allows the buyer to study your disclosures and order inspections. It is common for buyers to request 5 to 10 calendar days, but the timeline is negotiable and should be set in the purchase contract.
If you learn new information after accepting an offer, promptly amend the disclosure and deliver the update to the buyer. Depending on the timing and the issue, the buyer may request repairs, credits, or contract changes. In some cases buyers can cancel. Acting quickly protects your credibility and keeps the deal on track.
Failing to disclose known material defects can lead to serious consequences. Buyers may seek rescission or damages, and brokers can face disciplinary action when disclosures are not delivered properly.
A simple pre-listing plan
Use this step-by-step process to prepare your disclosure with confidence and reduce the chance of last-minute surprises.
1) Order a pre-listing inspection
Hire a licensed home inspector to provide an objective report. You can then choose to repair, price accordingly, or disclose issues clearly. Pre-listing inspections also help you avoid understating known defects.
2) Pull permits and verify work history
Confirm which projects were permitted and finalized. If you discover unpermitted work, disclose it and consider working with the city or county to resolve gaps where feasible.
3) Address immediate safety hazards
If an inspector or contractor flags a safety issue such as electrical hazards, gas leaks, or structural concerns, handle it promptly. Repairs reduce risk and can widen your buyer pool.
4) Document repairs and warranties
Keep receipts, dates, contractor licenses, and warranty details. Organized documentation gives buyers confidence and can streamline underwriting with lenders and insurers.
5) Coordinate with your listing agent and insurer
Ask your agent to help you prioritize likely buyer concerns in Bountiful, such as basements, drainage, or older systems. Notify your insurer about any significant changes or known issues that may affect coverage.
6) Keep a record of delivery
Save a copy of the signed disclosure and confirmation of when and how it was delivered. Email timestamps or agent signoffs are useful if questions arise later.
7) Amend quickly if new facts arise
If new information comes to light after you have delivered the disclosure, update it and send it right away. Clear communication builds trust and keeps timelines intact.
Bountiful-specific watchouts
Every home is unique, yet certain patterns show up across Davis County and the Bountiful foothills. Keep these local considerations in view as you complete your form:
- Basements and water: Past seepage, sump pumps, French drains, and gutter or grading fixes are important to disclose.
- Roof age and storms: If you replaced roofing after wind or hail, include claim numbers, dates, and warranties.
- Older electrical and plumbing: Identify any known older materials such as vintage wiring methods or older plumbing types. Share replacement dates.
- Hillside movement and soils: Note any past settlement, retaining wall work, or engineering evaluations.
- Floodplain awareness: Share any known seasonal drainage or ponding even if maps do not place you in a special hazard zone.
- Seismic events: If quakes led to cracks, drywall repairs, or structural updates, disclose what you know.
How honest disclosures help your bottom line
It can be tempting to minimize issues, but clear disclosures often lead to better outcomes. Buyers who understand a home’s history are more likely to trust your pricing and less likely to cancel during inspections. Some defects may prompt repair requests or price adjustments. Others have minimal impact when explained with timetables and receipts.
Aim for factual, complete, and consistent answers. Avoid guessing. If you do not know, say so and attach the document or report that best explains the situation.
Ready to sell with confidence?
With a thoughtful pre-listing plan, local records in hand, and a complete disclosure, you can move forward with fewer surprises and a stronger negotiating position. If you want help prioritizing repairs, coordinating your disclosure, or navigating buyer review timelines, reach out to a local pro who knows Davis County inside and out. Connect with Estela Lewis for guidance tailored to Bountiful and nearby communities.
FAQs
What is Utah’s Seller’s Property Condition Disclosure?
- It is a written form where you report known material defects and important facts about your home so buyers can make informed decisions.
Do Bountiful sellers have to disclose every small issue?
- You must disclose known material defects that affect value, health, or safety. Cosmetic items are often minor, but when in doubt, disclose and provide context.
When should I deliver the disclosure to a buyer?
- Best practice is at listing or before an offer. Buyers usually have a negotiated review period, often around 5 to 10 days, to study disclosures and inspections.
What if I discover a new defect after accepting an offer?
- Amend the disclosure promptly and deliver the update. Depending on the contract and timing, the buyer may request repairs, credits, or cancel.
Are there any federal disclosure requirements I should know?
- Yes. Homes built before 1978 require a federal lead-based paint disclosure, including a lead warning statement and a buyer opportunity to inspect.
Do any sales in Utah qualify for disclosure exemptions?
- Some transfers may be exempt, such as certain court-ordered sales, specific foreclosures or short sales, or transfers between co-owners or spouses. Verify current exemptions with the Utah Division of Real Estate or a qualified professional.
How can a pre-listing inspection help my sale?
- It identifies issues early, lets you plan repairs or pricing, and helps you complete the disclosure accurately, which reduces the risk of late-stage surprises.
