Study guide

Property Disclosures — Key Facts

Disclosure questions test one core duty: known material facts must be revealed proactively, even when nobody asks and even in an as-is sale. Latent defects — hidden problems a buyer couldn't spot — are the exam's favorite scenario. Federal law adds the lead-based paint disclosure for pre-1978 housing. Learn what must be disclosed, what merely should be recommended for inspection, and where to send buyers for stigma and registry questions.

What Must Be Disclosed

Federal & Special Disclosures

Environmental Hazards

Key vocabulary: Property Disclosures glossary (9 terms)

Practice Property Disclosures

Every Freehold question shows why the right answer is right — and cites its source.

Federal law requires a lead-based paint disclosure for residential dwellings built before what year?

  1. 1965
  2. 1968
  3. 1974
  4. 1978
Show answer & explanation

1978 — The Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of housing built before 1978 to disclose known lead-paint hazards and provide the EPA pamphlet, because lead paint was banned that year.

Source: Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. §4852d)

A material fact affecting a property's value or desirability must be disclosed:

  1. Even if the buyer never asks about it
  2. Only if the buyer asks a direct question
  3. Only when the seller authorizes disclosure
  4. Only after the purchase contract is signed
Show answer & explanation

Even if the buyer never asks about it — Material facts must be affirmatively disclosed to buyers regardless of whether they ask, because they affect value or desirability. Concealing a material fact can constitute misrepresentation or fraud.

Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures

A seller knows the basement floods every spring, but the damage is not visible during a showing. This is an example of:

  1. A patent defect that needs no disclosure
  2. A latent defect that must be disclosed
  3. Merely a stigma that cannot be disclosed
  4. Normal wear and tear
Show answer & explanation

A latent defect that must be disclosed — A latent defect is a hidden problem not discoverable by ordinary inspection. Known latent defects that materially affect the property must be disclosed, since buyers cannot reasonably discover them on their own.

Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures

When a buyer asks whether any registered sex offenders live nearby, the licensee's best practice is to:

  1. Provide their personal opinion of the neighborhood's safety
  2. Refuse to discuss the topic entirely
  3. Direct the buyer to the official public registry
  4. Personally contact neighbors to gather information
Show answer & explanation

Direct the buyer to the official public registry — Licensees should refer buyers to the official sex-offender registry rather than research or characterize the data themselves. This answers the buyer's concern without risking inaccurate statements or fair-housing issues.

Source: PSI National Real Estate Exam Content Outline §6 Property Disclosures

Radon, an environmental hazard found in some homes, is best described as:

  1. A fibrous mineral used in old insulation
  2. A toxic compound found in lead pipes
  3. A visible mold that grows in damp basements
  4. A colorless, odorless radioactive gas that enters from the soil
Show answer & explanation

A colorless, odorless radioactive gas that enters from the soil — Radon is a naturally occurring radioactive gas that seeps from soil into buildings. Because it is colorless and odorless, testing is the only way to detect it, and prolonged exposure increases lung-cancer risk.

Source: EPA — A Citizen's Guide to Radon

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