Guides / Seller Disclosure Laws / Utah

Seller Disclosure Laws in Utah

Seller's Property Condition Disclosure (SPCD) - a Utah Association of REALTORS standard form (Form 10 for residential; a separate "Land" version exists for vacant land). This is an industry/contractual form used in nearly all Realtor-assisted transactions, not a single mandatory state-issued form like some other states use.Utah is fundamentally a "caveat emptor" (buyer beware) state - there is no broad statute requiring sellers to complete a comprehensive property condition disclosure. The one narrow, explicit statutory disclosure duty is Utah Code 57-27-201 (Disclosure of Methamphetamine Contaminated Property Act, Title 57, Chapter 27), requiring disclosure of actual knowledge of meth contamination. Separately, Utah Code 57-1-37 ("Failure to disclose not a basis for liability") affirmatively limits seller liability for NOT disclosing certain "stigmatized property" facts. Beyond statute, Utah Supreme Court case law imposes a common-law duty to disclose known material defects that a reasonable buyer inspection would not uncover (fraudulent nondisclosure/concealment doctrine). Federal law (42 U.S.C. 4852d) independently requires lead-based paint disclosure for housing built before 1978, regardless of state law.

Utah is honestly and accurately a caveat emptor (buyer beware) state for residential real estate. It does NOT have a comprehensive mandatory statutory seller disclosure law or form like California's TDS. There is no single "Utah Seller Disclosure Act." Instead, disclosure obligations come from three distinct, narrower sources: (1) one specific statute mandating disclosure of known methamphetamine contamination (Utah Code 57-27-201); (2) Utah Supreme Court common-law precedent requiring disclosure of known material defects not discoverable by a reasonable buyer inspection (concealment/fraud-based duty, not a blanket statutory checklist); and (3) industry practice - the Utah Association of REALTORS' Seller's Property Condition Disclosure (SPCD) form, which is used contractually in most Realtor-represented deals but is not itself required by state law (it's imposed by the Real Estate Purchase Contract, REPC, which references it). Federal lead-paint disclosure rules apply on top of state law for pre-1978 homes. Net effect: sellers using a licensed agent will, in practice, fill out a fairly detailed voluntary/contractual disclosure form, but a private "for sale by owner" seller in Utah has far fewer legally mandated disclosure duties than in disclosure-mandate states, and Utah law (57-1-37) explicitly protects sellers from liability for not volunteering certain stigma-related facts.

Key Disclosures

Exemptions

Recent Changes

No major overhaul of Utah's seller property disclosure statutes was identified for 2025-2026. Related but distinct real estate legislative activity in this period includes: HB 58 (2025) creating a new "Private Home Inspector" license classification (applications opened January 1, 2026); a 2025 change extending the deadline for HOAs to produce requested records to homeowners/buyers from 5 to up to 14 days; and general "Real Estate Amendments" bills (e.g., HB 500 in 2024, HB 377 in the 2026 session) that touched licensing and transactional mechanics rather than creating new mandatory seller disclosure obligations. The core caveat-emptor framework (57-1-37), the meth-contamination disclosure statute (57-27-201), and the common-law material-defect duty remain the operative legal baseline as of mid-2026. Given the pace of legislative activity, sellers and agents should confirm current form language directly via utahrealtors.com and le.utah.gov, since minor form revisions (the SPCD was noted as recently updated/reformatted) can occur without changing the underlying statutory duties.

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

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