When doesn't the Seller's Disclosure Act Apply?

The Act does not apply to:

  • Transfers pursuant to a court order
  • Transfers to a mortgagee by a mortgagor or successor in interest who is in default
  • Transfers as a result of a foreclosure proceeding
  • Transfer's by fiduciaries who do not occupy the property (personal representatives, guardians, and conservators.)
  • Transfers between co-tenants
  • Transfers to a spouse, parent, grandparent, child, or grandchild
  • Transfers between spouse as the result of a judgment of divorce
  • Transfers or exchanges from any governmental entity (tax sale properties)
  • Transfers of newly constructed homes by licensed contractors