Key Takeaways
- Rhode Island REQUIRES sellers to complete a Real Estate Sales Disclosure Form
- The disclosure must be provided before signing any agreement to transfer real estate
- Sellers must disclose all deficient conditions of which they have actual knowledge
- Executors of estates and trustees are exempt from the sales disclosure but must still provide lead disclosure
- Lead-based paint disclosure is required for all pre-1978 homes under federal law
Rhode Island Property Disclosures
Rhode Island has mandatory property disclosure requirements under Chapter 5-20.8 (Real Estate Sales Disclosures).
Mandatory Seller Disclosure
Rhode Island requires sellers to provide a written disclosure to buyers of residential property. This is a significant difference from some states that follow "caveat emptor."
Rhode Island Real Estate Sales Disclosure Form
| Requirement | Details |
|---|---|
| Required by law | Yes - R.I. Gen. Laws Chapter 5-20.8 |
| When to provide | Before signing any agreement to transfer |
| Who provides | Seller (or seller's agent) |
| Who receives | Buyer and each agent involved |
What Must Be Disclosed
The disclosure form requires sellers to attest that their disclosures are "accurate, true and complete" to the best of their knowledge.
Categories covered include:
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls, insulation |
| Systems | Plumbing, electrical, heating, air conditioning |
| Environmental | Radon, termites/pests, mold, flooding history |
| Features | Sump pump, fireplaces, chimney, woodburning stove |
| Legal | Easements, deed restrictions, zoning |
| Special | Historic district status (with construction limitations) |
Key Point: Sellers must disclose all deficient conditions of which they have actual knowledge.
Timing and Delivery
When Disclosure Must Be Provided
The written disclosure must be delivered:
- As soon as practicable
- No later than prior to signing any agreement to transfer real estate
Agent's Role in Disclosure
| Agent Responsibility | Details |
|---|---|
| Deliver disclosure | Ensure buyer receives before signing |
| Obtain acknowledgment | Get buyer's signature or note refusal |
| Cannot present offer | Until buyer has received and signed disclosure |
Important: The agent shall not communicate the offer of the buyer until the buyer has received a copy of the written disclosure and signed a written receipt.
If Buyer Refuses to Sign
If the buyer refuses to sign the acknowledgment:
- Seller or agent must immediately sign and date a written account of the refusal
- Transaction may proceed, but documentation of refusal is required
Agent Liability Protection
The agent is NOT liable for:
- Accuracy of representations made by the seller
- Conditions not disclosed to the agent by the seller
Key Protection: Agents are protected when they properly deliver the disclosure but cannot verify seller's statements.
Exemptions from Sales Disclosure
| Exempt Transfers | Lead Disclosure Still Required? |
|---|---|
| Executor of estate | Yes |
| Trustee of trust | Yes |
Important: Even exempt parties must still provide the federal lead-based paint disclosure for pre-1978 homes.
Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA's "Protect Your Family From Lead in Your Home" |
| Inspection period | Buyer has 10 days to inspect (can be waived) |
| Records | Provide any lead reports or records |
| Warning statement | Include Lead Warning Statement in contract |
Federal Law: Lead disclosure is required regardless of other state exemptions. This is the Residential Lead-Based Paint Hazard Reduction Act of 1992.
What Does NOT Require Disclosure
Rhode Island law does NOT require disclosure of:
| Not Required to Disclose | Reason |
|---|---|
| Deaths on property | Not considered material defect |
| Neighborhood rumors | Not verified information |
| Alleged paranormal activity | Not material to property condition |
| Personal reasons for selling | Privacy of seller |
Exception: If buyer directly asks and the answer could be misleading, the licensee should respond honestly.
Buyer's Responsibilities
The buyer is advised to:
- Not rely solely on seller's representations
- Conduct inspections deemed necessary
- Estimate repair costs before submitting offer
- Hire professionals for detailed inspections
Best Practice: Encourage buyers to get professional inspections regardless of what the disclosure says.
Is a seller disclosure form required in Rhode Island?
When must the Rhode Island seller disclosure be provided to the buyer?
Who is exempt from providing the Rhode Island Real Estate Sales Disclosure Form?