What catches home sellers out

The things people find out too late. A spouse who had to sign and didn't. Money held back at closing that nobody mentioned. A form the recorder wanted that wasn't in the contract.

Keighbor names the ones that apply to your state as you reach them.

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29 of them across 12 states · each with the rule behind it · free, and not legal advice

A metro district can be adding thousands to the tax bill

Many newer Colorado subdivisions sit inside a metropolitan district that borrowed to build the roads and pipes. That debt is repaid through a per-property charge on the tax bill, and it can be larger than the base property tax. Colorado law generally requires the seller to give buyers the district's own website, where the numbers live. Buyers who only read the listing usually never see it.

The rule behind it
C.R.S. § 32-1-104.8 (recording); § 38-35.7-111 (website delivery)
Who can answer it
Your county assessor can tell you whether your address sits in a district.

Colorado's seller disclosure form is free and public

In a lot of states the standard forms belong to a Realtor association and cost a membership. Colorado's Commission-approved forms are published by the state and anyone can use the current edition. Sellers are sometimes told they need an agent to get them, which is not the case. Editions change, usually at the start of the year.

The rule behind it
Colorado Real Estate Commission approved forms
Who can answer it
The Commission publishes the current edition. Check the date on the form before you use it.

Out-of-state sellers get withholding applied by default

Delaware applies a withholding on the gain when the seller is not a Delaware resident, and it can be applied automatically if the residency certification is not in the recitals. There are exemption paths, including for a principal residence. They generally have to be claimed rather than granted.

The rule behind it
Del. Code tit. 30, § 1126; Form 5403
Who can answer it
Your Delaware closing attorney, before the deed is drafted.

Attorneys run Delaware closings, which can leave you in the dark

Delaware requires an attorney at closing, and the file sits with them. That is generally a good thing for the paperwork, and it does mean a seller can find it hard to see where things stand. Asking for a status update is normal and worth doing regularly.

The rule behind it
Delaware unauthorized practice of law rules
Who can answer it
Your closing attorney. Ask what is outstanding and who it is waiting on.

A tenant in the home can change the whole timetable

Washington DC gives tenants a right to be offered the property first, and the process runs on notices and waiting periods that can add months to a sale. The rules changed materially under the RENTAL Act 2025 and parts were still settling as this was written. This is generally the first thing to sort out, not the last.

The rule behind it
TOPA, D.C. Code § 42-3404.01 et seq.; RENTAL Act 2025
Who can answer it
A DC real estate attorney, before you list rather than after an offer.

DC's lead rules sit on top of the federal ones

Every pre-1978 home in the country carries the federal lead disclosure. DC adds its own obligations on top, and they are somewhat broader. A generic pre-1978 template will usually satisfy the federal rule and stop there.

The rule behind it
D.C. Code § 8-231.01 et seq.; federal Title X
Who can answer it
The DC Department of Energy and Environment publishes the local requirements.

Selling from the mainland can tie up 7.25% of the price

Hawaii holds back a share of the gross sale price when the seller is not a Hawaii resident, and it is withheld from the proceeds at closing rather than billed later. There is a form that can reduce or waive it, but it generally has to be filed before closing, not after. Sellers who find out at the settlement table are usually waiting on a refund instead.

The rule behind it
HARPTA, Haw. Rev. Stat. ch. 235; Forms N-288B / N-288C
Who can answer it
A Hawaii tax professional or your escrow company, early rather than late.

Land Court and the Regular System are two different registries

Hawaii records property in two separate systems, and which one your property sits in decides how the deed is recorded. A document filed into the wrong system can fail to do its job. Mainland title companies do not always catch this, and it is not something the paperwork announces.

The rule behind it
Haw. Rev. Stat. § 501 (Land Court); § 502 (Regular System)
Who can answer it
Your Hawaii escrow company. Ask which system your property is in before anything is drafted.

A cesspool can carry an upgrade obligation

Hawaii has a statutory deadline for converting cesspools, and proposals to move some categories earlier come up regularly. It surprises people who inherited a property as often as it surprises buyers. Whether yours is affected depends on the property and its priority classification.

The rule behind it
Haw. Rev. Stat. § 342D; statutory deadline currently 2050
Who can answer it
The Hawaii Department of Health holds the classification for a given property.

A deed can be turned away without the sales validation questionnaire

Kansas generally expects a questionnaire alongside the deed at recording, or an exemption number stated on the deed's face. It is a short form, and a missing one can stop the recording. It is easy to overlook because it is not part of the contract and nobody in the sale usually raises it.

The rule behind it
K.S.A. 79-1437c
Who can answer it
Your Register of Deeds, or the title company handling the recording.

Kansas has one of the strictest spousal consent rules there is

The Kansas constitution generally requires joint consent to sell a homestead, and it turns on the marital relationship rather than on the title. It can apply even where only one spouse owns the property outright. This one is stricter than most sellers expect.

The rule behind it
Kan. Const. art. 15, § 9; K.S.A. 60-2301
Who can answer it
Your title company, before the deed is prepared.

Kansas has no seller disclosure form requirement, whatever you have read

A number of consumer sites state that Kansas requires a seller disclosure form by law. The mandatory duty generally sits on a licensed agent to disclose known adverse material facts, not on the seller to complete a statutory form. A voluntary form exists and is widely used anyway.

The rule behind it
K.S.A. 58-30,106 (licensee duty)
Who can answer it
A Kansas attorney if you are deciding whether to fill one in.

A spouse who is not on the deed may still need to sign

Kentucky kept dower and curtesy, which gives a husband or wife an interest in the property even when only one name is on the title. A deed signed by the titled owner alone can leave a cloud that turns up years later. Electronic signing tools generally collect signatures from the people named on the deed, and no one else.

The rule behind it
KRS 392; retained by SB 50, effective 15 July 2026
Who can answer it
Your closing attorney or title company. Mention your marital status early.

In coal country, somebody else may own what is underneath

Older deeds in Kentucky's coal counties can separate the surface from the minerals beneath it, and a broad-form deed in the chain can carry rights the surface owner never knew about. What those rights permit has been narrowed by the state constitution, but the severance itself usually stands. Buyers ask about this, and it is better found in a title search than in a conversation.

The rule behind it
Ky. Const. § 19(2); broad-form deed doctrine
Who can answer it
A Kentucky title attorney familiar with the county.

You may be able to sell as is, and still have to disclose

Maryland lets a seller choose between filling in a disclosure of the property's condition and signing a disclaimer instead. Plenty of sellers never learn the second option exists. Either way, the duty to disclose known latent defects generally survives the choice, so a disclaimer is not silence.

The rule behind it
Md. Real Prop. § 10-702
Who can answer it
A Maryland attorney or your title company, before you pick one.

Out-of-state sellers get 8% held back at recording

Maryland withholds a share of the proceeds when the seller is not a Maryland resident, and it happens at recording without anybody needing to raise it. There is an application that can reduce it, but it generally has to be made in advance. Sellers often hear about it after it has already happened.

The rule behind it
Md. Tax-Prop. § 10-912; Forms MW506NRS / MW506AE
Who can answer it
A Maryland tax professional or the title company handling your closing.

Ground rent and deferred water charges ride with the house

Parts of Maryland, Baltimore especially, have properties subject to ground rent, where somebody else owns the land under the house. Some newer developments carry deferred water and sewer charges that a buyer inherits. Both generally have to be disclosed, and neither is visible from the property itself.

The rule behind it
Md. Real Prop. § 14-117; ground rent registration requirements
Who can answer it
A title search answers both. Ask for it early.

Both spouses may need to sign, even on a solely titled home

Missouri's homestead rule can void a conveyance signed by only one spouse, and it is often described online as a protection against creditors, which understates it. It is a signature question as much as a bankruptcy one. The exemption figure also changes at the start of 2027.

The rule behind it
Mo. Rev. Stat. § 513.475(2)
Who can answer it
Your title company. Tell them your marital status before the deed is drafted.

Known prior meth production has to be disclosed in writing

Missouri has a specific written disclosure duty about known prior methamphetamine production on the property. It applies to what the seller knows, not to what they could have found out. Missouri had more lab incidents than anywhere else in the country for a long stretch, so it is not a rare question there.

The rule behind it
Mo. Rev. Stat. § 442.606
Who can answer it
A Missouri attorney if there is any history you are unsure about.

St. Louis City requires an occupancy inspection before transfer

St. Louis City runs a Housing Conservation District inspection that covers the whole city and carries a fee. Several surrounding municipalities have their own versions with different rules. A city inspection requirement can hold up a closing that otherwise looked ready.

The rule behind it
St. Louis City Housing Conservation District ordinance
Who can answer it
The city or municipality your address sits in. Ask what they need and how long it takes.

Both spouses generally sign, whoever is on the title

Oklahoma's homestead rule turns on marriage rather than on whose name is on the deed. A deed missing a spouse's signature can fail a marketable title review later. It is one of the most common reasons an Oklahoma sale hits a title problem.

The rule behind it
16 O.S. § 4
Who can answer it
Your closing agent. Raise your marital status before the deed is prepared.

The disclosure generally goes out before the offer is accepted

Oklahoma's residential disclosure is normally delivered before an offer is accepted rather than after, and a completed one has a limited period during which it stays current. There is also a choice between a disclosure and a disclaimer, with different consequences. Getting the order wrong can give the buyer a way out.

The rule behind it
Okla. Stat. tit. 60, § 831 et seq.; § 833(C) currency window
Who can answer it
An Oklahoma attorney or your closing agent, before you accept anything.

Minerals pass with the surface unless the deed says otherwise

If you intend to keep the mineral rights when you sell, that generally has to be written into the deed as an express reservation. Left unsaid, they usually go with the land. Sellers who assumed otherwise find out afterwards, when it is difficult to fix.

The rule behind it
Oklahoma conveyancing practice; reservation must be express
Who can answer it
A title attorney, before the deed is drafted rather than at closing.

A disclaimer only works if the buyer agrees to it

Tennessee lets a seller give a disclaimer instead of a property condition disclosure, but that generally depends on the buyer waiving the disclosure. It is not a choice the seller makes alone. Form packs often present it as if it were.

The rule behind it
Tenn. Code Ann. § 66-5-201 et seq.
Who can answer it
A Tennessee attorney or your closing agent, before you sign anything.

Sinkhole disclosure survives a disclaimer

Tennessee has a separate obligation about known sinkholes that generally applies whether or not a disclaimer was used. A 2024 amendment broadened when it applies. This part of the state sits on karst, so it comes up more often than people expect.

The rule behind it
Tenn. Code Ann. § 66-5-212; amended 2024 ch. 510
Who can answer it
A Tennessee attorney, and your own records of anything you have seen on the land.

Virginia's disclosure is a notice, not a condition report

Virginia's residential disclosure generally tells the buyer that the property is sold as is and that they should investigate. It is not a checklist of the home's condition. Template packs from elsewhere often treat it as one, which can lead a seller to volunteer far more than the statute contemplates, and that carries its own risk.

The rule behind it
Va. Code § 55.1-700 et seq. (RPDA)
Who can answer it
A Virginia attorney before you write anything into it that it does not ask for.

Northern Virginia stacks several taxes on one sale

On top of the state grantor tax, parts of Northern Virginia add regional transportation levies and local recordation charges. The total can be noticeably higher than the state figure suggests. Which ones apply depends on the locality, not on the price.

The rule behind it
Va. Code § 58.1-802 and regional transportation levies
Who can answer it
Your settlement agent can give the real number for your address.

There is no West Virginia seller disclosure act, whatever you have read

A supposed West Virginia disclosure statute is repeated confidently across a lot of real estate content, and the section it names does not do what those pages say. That does not mean nothing is owed: general duties around known defects and fraud still apply. It does mean sellers are sometimes hunting for a form that does not exist.

The rule behind it
No statutory residential disclosure form; common law duties apply
Who can answer it
A West Virginia attorney about what your own situation requires.

Severed minerals and mine subsidence are both common here

In much of West Virginia the coal, oil, or gas beneath a property was sold off generations ago, and Marcellus and Utica activity has made that live again. Mine subsidence insurance is offered statewide and required to be offered in some counties. Buyers in these counties ask, and a title search is where the answer is.

The rule behind it
W. Va. Code § 33-30 (mine subsidence); severed mineral estates
Who can answer it
A West Virginia title attorney familiar with your county.

Read this before you act on any of it

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

Your state isn't here yet

We've written these up for 12 states so far, out of the 31 whose paperwork we've researched. They take real reading to do properly and we'd rather have none for your state than have one that's wrong. Tell us where you're selling and we'll do yours next.

None of this is on the listing sites

It is the sort of thing an agent knows and a first-time seller does not. We put it on the internet free because a seller who gets caught by one of these has a much worse week than we could ever make up for by charging for the warning.

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