They are not mandatory but they are a contract item that must be waived  . . . as a risk reduction technique we advise 99.9999% of sellers to go ahead and disclose what they are aware of. They almost all know 'something'.
As a buyer's rep, whether or not there is an existing disclosure, we create one from scratch, using information we discover during due diligence and the result of professional inspections. The saying 'Buyers Are Liars'? Well, sellers can be too! Or just mistaken, but we need facts.

California has many disclosures including the Transfer Disclosure Statement and Seller Property Questionnaire which are required by the state and my brokerage with certain exceptions.  As I tell my buyer clients, some sellers are more knowledgeable about their home and its condition - don't rely solely on these or any documents.   

I have never seen a seller complete a disclosure in NY State. They have the option to complete it, or to provide a $500 credit to buyer at closing. Every one of the deals I have been involved with so far have opted for the credit.

There are a number of mandatory disclosures in California, and the list keeps growing. Sellers vary in how much they know about their homes. Some are better than others in completing forms appropriately.

Candice A. Donofrio nailed this one!

Our forms have a "no representation" and all the lawyers i have talked to said this is the best response from a seller. So i pass that along to our sellers. Apparently, in the eyes of the law, honesty is a punishable offense.

Maryland sellers can disclose or disclaim, DC sellers must disclose, and VA sellers basically provide a form that says you may be or should be interested in these things that are listed here, Mr Buyer, and I think that's great that you are interested, but I am not telling you anything about them

Absolutely. The sellers often hide some disasterous experience. CLUE is not required.

Disclosure or disclaimer required for residential in MD. New construction , estate sales, foreclosures exempt. E&O says let Seller make decision on what to do. Agents should NEVER advise which way to fill out forms.

They have the duty to disclose, but it does not have to be in writing.

Sometimes I make the contract subject to inspections and an updated sellers disclosure.

Not long ago,on a big property, I had a listing agent give me grief, that the seller has not lived there for 5 years, so they know nothing.  I insisted they disclose what they know.  OMG, I got 7 pages back from the seller...it was unbelievable what the seller knew and disclosed...including issues with the city and  that someone's dock was encroaching on the property.

I also do not buy the excuse..."seller never lived there, so has no knowledge"  If something is blank, I send it back, to be filled out.

"I don't know" is just another BS excuse.  Every owner knows.

According to Florida's real estate attorneys council "Let the Buyer Beware" does not apply to residential real estate.

It is dumb for any agent not to request a comprehensive disclosure from the seller.

Eve

They are required and yes to all of the above. 

They are required and i stress with my sellers what they are for and why they need to fill out truthfully

It is required in our state.  If the disclosure is provided after the effective date the buyer has 7 days to terminate the contract.  Some sellers are investors and have never even been in the property so many do answer "don't know".

Estates are not required to complete it.  Everyone else is or give a $500 credit for not completing.   Answer options include yes, no, unknown & not applicable.  It's a useless document often used to wage lawsuits after the reality of homeownership hits a new buyer. 

1. Yes, mandatory... and buyer can rescind contract with no penalty if not received within 3 days of ratification.

2. Yes, brokerage requires.

3. Occasionally a seller wants to mark no representation for everything and then I remind them that their legal liability does not go away by doing this because NC expects sellers to know certain things about their homes. There's nothing to be gained by claining no representation and maybe more can be lost as buyers will look askance at that kind of disclosure statement wondering what the seller is hiding.

4. There are certain situations when forms not required (REO sales). 

They are not mandated in our state however, most do complete them.

Absolutely! even for private sales

Absolutely and instead of 'don't know' ours say, 'no representation' and it's very frustrating when they check no representation on everything because it's always nice to know prior to presenting an Offer, the age of the roof, HVAC, etc...even if it's just a ballpark idea!

We are mandatory here, unless it is a court ordered sale, new construction with a warranty or for an auctioned property. From past experience, I have learned it isn't worth much, just a waste of paper.

The SPD form is not a requirement in GA but my broker does require them. A lot of my listings are sold as is with no disclosure which I add as a stipulation in the contract so all parties are aware. 

We do have them, and have Sellers complete what they can.   If the home has been a rental, they have not lived in the home, and cannot answer.

No, but we encourage ccompletion since failure to provide the disclosure is a Red Flag to buyers.

Fred Griffin - not in MA.

I want them to be mandatory, though.

Yes they are mandaatory.  I don't know is not an option

California mandatory for owner occupied or investor 1 to 4 units. Some variations--trustee's sale, probate, etc. Of course we've had every court case known to real estate and have generated MORE disclosures than any state. When I started in the business in 1978 we had a two page "professional publisher's" contract and the 2nd page was blank so you could take out your "BlueBook" and write in the various clauses you wished! Yes, I know, I'm heading to the LaBrea Tar Pits to be with my brethren! 

they are not legally required, but I have them with MOST listings.  Ocassionally with an estate property I do not.  And sometimes I get a lot of I don't knows.

not required.... listing agents should have them filled out be the sellers.... and they fill them out properly....

CA got rid of the "Don't know" a LOOONG time ago.  Some are required, some are not.  We only do the state mandated ones, per the state's lawyers.

It is a required form in the State of Tennessee and sellers tend to fill them out as best they can.

The Transfer Disclosure Statement is a must here in California, and it includes an agent's portion that I must fill out or face potential future liability. Even if the seller is excempt from filling out one, I am not.

1.  Yes. There are some exclusions, probate being one of them. However, even probate has a disclosure form - it is just not the standard Seller Transfer Disclosure Form. 

2. Yes. CA BRE Compliant

3. Sellers complete with my one page instruction on "how to". I review the forms and question their responses IF I know it is incorrect or if it contradicts what they previously told me. 

Yes, the Residential Property Disclosure is mandatory with an exemption for property in an Estate that the current owner has not occupied.

Don't know in *every* box would be a red flag of someone I would be disinclined to represent, thankfully I have not had that experience.

Yes to this form and more until all is met and closed

Fred Griffin No, a seller can sign a disclaimer.

We have a seller's disclosure in AZ. The production of that seller's disclosure is now embedded in our contracts. BUT, they are not legally mandated by law, that clause could be stricken out in the contract. But sellers are obligated to discluse known and hidden facts about their property.

Seller's and their listing agents that strike it out of contracts are making a big mistake and are increasing their liability tenfold.

Mandatory in our state, but the provided forms exceed the statute requirement. I just found out about an old timer agent who made his own form that exactly matches the statute and nothing more. Everyone else uses the provided forms. They must be delivered to a buyer within 10 days. -Kasey

Required!  I tell my sellers how important they are to fill out correctly and completely.  

I will rely  upon the answer by Lise Howe. 

Yes we do & even if the seller replies n/a or don't know it does not relieve them of liability down the road. 

We've had quite a few arguements when intelligent sellers fill out the form & the broker does not like how it gets filled out. Who cares what you think! It's not your disclosure & not to mention asking the seller to redo something is not right either.

When in Florida, I required the seller to complete it in their own hand and only those who never occupied the property could check I don't know!

Our state does not mandate them and I don't require them for my sellers. If someone asks for it, I recommend they fill it out but only put information in if they are 100% certain. Otherwise, "Don't Know" is what gets checked.

Yes

They have been since 1995.

Yes.