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Seller Disclosures (Common Law and REPC)

Utah does not have a statute mandating a specific seller disclosure form for existing homes. Instead, seller disclosure obligations arise from common law (duty to disclose known material defects) and contractual requirements. The Utah Real Estate Purchase Contract (REPC) that Realtors use typically includes a section where the seller agrees to provide a written Seller Property Condition Disclosure to the buyer within a set number of days after contract (often via an addendum). The Utah Association of Realtors provides a standard Seller Property Condition Disclosure form covering the property’s condition (roof, utilities, mechanical systems, environmental hazards, etc.). Sellers are expected to answer honestly to the best of their knowledge. Although Utah law allows 'as-is' sales, it doesn’t shield a seller from liability for intentional nondisclosure of known defects. One specific legal requirement: sellers must disclose if the property was used in the production of methamphetamines (unless fully remediated), but that’s generally asked on the standard form. Also, Utah Code §57-27-201 requires written disclosure if the property is in a Radon Gas Area (though there’s no official map, so in practice sellers often provide any known radon test results). Notably, Utah’s stigmatized property law says sellers don’t have to disclose a homicide/suicide or occupant’s HIV, etc. Many brokerages in Utah make it standard practice to provide a written disclosure form. If a seller fails to do so, the buyer could claim breach or even fraud if something material was concealed. In summary, while no statute forces a form upfront, the combination of contract practice and general duty means disclosures are effectively required in Utah transactions.

• Utah Code §57-27-201
• Jack Bangerter v. Petty, 663 P.2d 70 (Utah 1983) (common law fraud)

MLS Customs

In Utah’s MLS (UtahRealEstate.com, which covers most of Utah), it’s routine for listing agents to upload the seller’s completed disclosure form for buyer’s agents. The MLS does not fine if a disclosure isn’t attached (since legally it only must be given per the REPC timeline), but it’s encouraged. MLS fields include some property condition items like 'Water source' or 'Sewer type' which sellers disclose and agents fill. If something like 'foundation issues' is known, often agent remarks will state “see attached engineering report” etc. Clear Cooperation is enforced (UtahRealEstate.com is Realtor-run and follows NAR’s 1-day rule). They require at least one photo. They’re vigilant on fair housing in remarks, but Utah is fairly homogeneous in practice so issues rarely pop up. A quirky thing: in multiple offer situations, Utah agents often drop contingencies. The MLS allows marking if an inspection was waived. That’s more in the contract stage, though. If a seller is selling 'as-is' with no repairs, agent remarks might say 'Seller to make no repairs; please submit offers accordingly.' But, again, 'as-is' doesn’t obviate the need to disclose known defects, and MLS guidelines quietly assume that compliance. The MLS doesn’t have special fields for meth lab or radon presence, but if an agent doesn’t mention those while knowing them, that’s a legal matter rather than MLS policing (though the Realtor Code of Ethics could come into play if it’s an agent hiding something).

• UtahRealEstate.com MLS Rules & Regs
• NAR Clear Cooperation Policy

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or hazards and provide the EPA lead hazard pamphlet, giving buyers up to 10 days for lead assessment if desired.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Federal law and Utah state law prohibit discriminatory statements in housing ads. Utahn’s add protections for source of income, etc., but practically, MLS and ads must not say things like 'perfect for couples without kids' or 'no wheelchair users due to stairs'.

• 42 U.S.C. §3604(c)
• Utah Code §57-21-5(2)