Utah’s Seller’s Property Condition Disclosure form is a standardized document, published by the Utah Association of Realtors, on which you report what you currently and actually know about the condition of your home before closing. You fill it out, sign it, and deliver it to the buyer by the Seller Disclosure Deadline written into your Real Estate Purchase Contract (REPC). Done carefully, it protects you from post-sale disputes. Done sloppily, it becomes the central exhibit in one.
Getting the Current Version of the Form
If you’re listing with an agent, your agent will provide the form, usually when you sign the listing agreement or soon after you accept an offer. Selling on your own, you can request it from the title company handling closing or from the UAR directly. The UAR revises the form from time to time, and a recent revision changed the HOA section, so don’t reuse a copy saved from a prior transaction. Confirm you have the current version before you start writing anything in.
What You Have To Disclose
The form runs to roughly 26 sections covering the parts of the house a buyer would reasonably want to know about: title and permitted work, the roof, water supply and sewer or septic, HVAC and electrical, utilities, appliances, fireplaces, interior and exterior features, structural and soils issues, boundaries and easements, pests and dry rot, mold and moisture, hazardous conditions, HOA details, insurance claim history, solar and energy systems, square footage, and FIRPTA status.
For each question you’ll mark “Yes,” “No,” or “Do Not Know.” Every “Yes” needs a written explanation in the space provided.
How To Answer the Questions
Answer from your current actual knowledge. The form’s signature block confirms the information is “correct to the best of Seller’s CURRENT ACTUAL KNOWLEDGE.”1Utah Department of Environmental Quality. Real Estate Transactions Utah You’re not warranting the home is defect-free, and you aren’t required to hire an inspector or investigate areas you’ve never looked at. You’re reporting what you know right now.
“Do Not Know” is a legitimate answer when you genuinely have no information. It becomes a problem when you use it to dodge something you plainly should know after years in the house, like whether the basement has ever flooded. Attorneys and claims adjusters spot that pattern quickly.
Write specific explanations for every “Yes.” “Roof leaked around the chimney flashing in 2022; repaired by XYZ Roofing, invoice available” is far more protective than “had a leak.” Pull together your repair invoices, inspection reports, and insurance claim records before you sit down with the form — they give your answers substance and show a maintenance history. Leaving out something you actually know about is the move that turns an incomplete disclosure into a dishonest one, and that’s where legal exposure starts.
Hazardous Conditions, Meth, and Lead Paint
The hazardous conditions section asks about radon, lead-based paint, asbestos, underground storage tanks, and similar environmental hazards.1Utah Department of Environmental Quality. Real Estate Transactions Utah Two items in this area carry independent legal weight beyond the form itself.
First, Utah law requires any owner with actual knowledge that the property has been contaminated by the use, storage, or manufacture of methamphetamine to disclose that fact when selling or leasing. The duty exists on its own, regardless of how the disclosure form is worded.2Utah Legislature. Utah Code Title 57 Chapter 27 – Disclosure of Methamphetamine Contaminated Property Act
Second, if the home was built before 1978, federal law under 42 U.S.C. § 4852d requires you to provide the buyer with an EPA-approved lead hazard pamphlet, disclose any known lead-based paint or lead hazards, and give the buyer at least 10 days to arrange a lead inspection before they’re bound to the contract. A knowing violation can expose you to three times the buyer’s damages.3Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information The REPC uses a separate Lead-Based Paint Disclosure and Acknowledgement form for pre-1978 properties; the main condition disclosure doesn’t substitute for it.4Utah Division of Real Estate. Real Estate Purchase Contract
HOA Dues and Special Assessments
If the property sits in an HOA, the form asks about dues, special assessments, and pending litigation involving the association. Disclose any special assessment the HOA has approved or is actively considering, even if the payment isn’t due yet. An undisclosed upcoming assessment is one of the quickest ways to lose a deal at the closing table or draw a claim afterward.
The form is only part of what you owe the buyer here. Section 7 of the REPC also requires you to deliver the CC&Rs, rules and regulations, and the association’s most recent minutes, budget, and financial statement.4Utah Division of Real Estate. Real Estate Purchase Contract Contact your HOA management company early; they often charge a fee to produce the packet, and a week or more to process the request is common.
When and How To Deliver the Form
Section 7 of the Utah REPC requires you to deliver the completed, signed, and dated disclosure, along with the other seller disclosures listed in that section, by the Seller Disclosure Deadline in Section 24(a).4Utah Division of Real Estate. Real Estate Purchase Contract That deadline is a negotiated date the parties fill in when they sign the contract; a common default is 10 calendar days after full execution.5Summit County Utah. Real Estate Purchase Contract Delivery can be hard copy or electronic.
The Section 7 package is broader than the condition form alone. You also need to provide:
- The title insurance commitment referenced in Section 6.1.
- CC&Rs and HOA documents, including recent minutes, budget, and financial statements, where applicable.
- The lead-based paint disclosure, if the home was built before 1978.
- Leases and rental agreements for tenants whose leases extend past closing.
- Short-term rental bookings scheduled for after closing.
- Any property management agreement currently in effect.
- Water rights documentation referenced in the contract.
- Any environmental or zoning violation notices you know about.
Missing the deadline hands the buyer leverage. Depending on the terms and where things stand in due diligence, a late delivery can let the buyer extend timelines, renegotiate, or walk with their earnest money intact. Have your agent calendar the deadline and confirm delivery in writing so there’s no later dispute about when the documents arrived.
Updating the Form Before Closing
Signing the disclosure doesn’t close out your obligation. The form itself commits you to updating the disclosure if any of the information becomes inaccurate or incorrect before closing.6Utah Association of REALTORS. Sellers Property Condition Disclosure If a pipe bursts during escrow, a new roof leak shows up, or you find termite damage while packing, notify the buyer in writing before the closing date.
An update should include the date you discovered the issue, a description of the problem, and anything you’ve done to address it. The buyer will typically get a chance to review it and decide whether to proceed, renegotiate, or cancel. Post-closing lawsuits often grow from skipped updates: a buyer who proves a problem started before closing but wasn’t disclosed has a straightforward claim that you withheld what you knew.
What’s at Stake if the Form Is Wrong
For sellers, the disclosure obligation is primarily contractual. The REPC and the disclosure form you sign create binding commitments about the accuracy of what you’ve reported. On top of the contract, Utah courts can hold sellers liable under common-law fraud or misrepresentation theories when a buyer shows the seller knew about a defect, concealed or misrepresented it, and suffered damages as a result. Remedies can include repair costs, diminished property value, and in some circumstances attorney fees.
The practical point is that the form is your best defense against those claims. A thorough, honest disclosure signed before closing is a written record of what you told the buyer and when. A vague or incomplete one, or one that contradicts something the buyer later proves you knew, is the opposite.