Many states have seller disclosure laws which require sellers to make certain disclosures to buyers about the condition of their property. Some states require that sellers complete a disclosure form which asks specific questions about the property. Disclosure laws vary from state to state.

Some states that don't require disclosures, have voluntary seller disclosure. Certain realty companies will require a seller disclosure form before they will list the property for sale, even though it's not a state requirement.

Although there are differences in each state's laws of disclosure, the current trend has been to move away from the principle of caveat emptor (buyer beware). Caveat emptor implies that the buyer alone is responsible for assessing the quality of a purchase before buying.

Normally, a seller will disclose any known material facts that are not apparent to the prospective home buyers. This would include anything that affects a buyer's decision to buy, or the price a buyer will pay.

A material fact that might not apparent to a buyer would be a basement that floods during heavy rain. What if the sellers painted over stains on the walls while preparing the house for market. If this were the case, the buyers wouldn't know about that the basement floods unless the sellers informed them.

Real estate agents also have disclosure obligations. Agents are required to disclose known material facts to buyers. They can be held responsible for failing to disclose facts that they should have known, even if they had no prior knowledge.

Use an agent who specializes in the area where you want to buy. This way, you are more likely to get disclosures on neighborhood conditions that might affect your home buying decision.

Buyers who are considering buying a home in a state that does not have a seller disclosure requirement should ask the sellers to provide a completed disclosure form. Your real estate agent can provide you with a seller disclosure form, assuming that the brokerage company requires that sellers complete a disclosure form. If they don't, ask the sellers to provide you with a list of any known property defects.

Another method of getting the seller to disclose defects would be to include a provision in your purchase offer which would require the seller to provide you with this information on or before a pre-determined date. You might not want to take this approach if it's not a local custom, and there are multiple offers on the property. If this is the case, you can hold off and bring up the issue once you have a ratified contract. Have the sellers provide you with a list of known defects as condition of removing your inspection contingency.

Make sure that you have all of your questions about the property answered before closing. A full disclosure will protect both the seller and you.

Before deciding to buy a home, take the time to go through the home and pick the place apart. Look in every closet, nook and cranny. Discover everything that you don't like about the home beforemaking a decision to go ahead and buy it. The alternative is to wait until after you've purchased the home, and then decide that it's not right for you.

When searching for a home to buy, remember that some thngs can be changed. If the only thing keeping you from buying a house is that tacky yellow paint on the walls of the master bedroom, why not just repaint?