Need to disclose issues with the home from 15 years ago?
We had an issue with our basement flooding 15 years ago. We've fixed the issues and also installed a second sump pump. Haven't had a problem since then. Since the issue is fixed and it's been 15 years of a dry basement, do we need to disclose this? And in general, is there a timeframe for the seller disclosure? For example, does the seller only disclosure issues that have occurred within the past 10 years?
Asked By Beckett | Davenport, IA | 297 views | Selling | 3 months ago
In Texas, the rule of thumb is simple: if you know about a past issue, you share it. The Seller’s Disclosure doesn’t set an expiration date, so even something that happened 15 years ago—like a water leak—belongs on the form. But here’s the key: you also get to tell the story. You can note that it was a one-time event, it was repaired, and there’s been no problem since. That way, you’re protected, the buyers feel confident, and no one is left guessing. It’s about honesty with wisdom—full disclosure that still keeps you in control.
Most states don’t set a strict time limit (like 10 years) on disclosures. Instead, the rule is that you must disclose known, material defects — anything that could affect the home’s value or safety. If a past issue has been fully repaired and hasn’t been a problem for many years, it usually isn’t considered a current defect.
That said, disclosure laws vary by state. Some disclosure forms specifically ask about any history of water or flooding, no matter how long ago. If that’s the case where you live, you should answer honestly and also explain the repairs and improvements you made (like the sump pumps and 15 years of a dry basement). Often, buyers appreciate the transparency and the fact that you invested in a lasting solution.
When in doubt, it’s safest to disclose and explain rather than risk a dispute later. Your real estate agent or attorney can guide you on the exact requirements for your state.
Disclose, disclose, disclose. It is always best to disclose, present how it was corrected (if you have receipts etc that is best) and let the buyer know you have not had any issues since. This is the best way to protect yourselves from lawsuits in the future.
Hi Beckett, I am in NJ, so please confirm my answer with a local realtor. In my experience and opinion, it is best to disclose everything and back it up with receipts or permits with the work that you did. It shows that you have nothing to hide and that you take care of your home. And the fact that you have not had any recent issues is a testament to the quality of the work that you did. Should you not disclose and a buyer find out, it looks like you were trying to hide something. I hope this helps!! Good Luck
Hi Beckett! I'm in KY so please keep in mind that laws are different in each state. In KY, sellers are expected to close any deficiencies that you are aware of since you've owned the home, whether or not they have been remedied. You never want to put yourself into a situation where you didn't disclose something, and you end up in court later. If you are aware, disclose. To answer the 2nd question (in KY), you are required to disclose since the moment the home became yours. I hope this helps! So much luck on selling your home!
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