What Are the “Must Disclose” Items When Selling Your Home in 2026?

By Mark Mahaffey

Mark Mahaffey is the Broker and President of Mark Mahaffey and Associates Real Estate, a full-service real estate firm based in Athens and Watkinsville, Georgia.

Do you know what you’re legally required to disclose in 2026 when selling a home? I’ve worked with sellers who weren’t sure whether small issues like a past water leak or a roof problem needed to be disclosed. Leaving something out like that could have put the entire sale at risk.

When it comes to selling a home, my advice is simple: disclose, disclose, disclose. If buyers find out about something after the fact, it can lead to canceled contracts or even legal issues. A good rule of thumb I follow is if a buyer would want to know about it before making an offer, it needs to be disclosed.

Getting it all out in the open from the start keeps the sale on track and avoids surprises down the road. So, before you sell, here are three things you should disclose to your buyers.

1. Material defects. These are problems that affect the value of your home or even the safety of the people living in it. That includes foundation cracks, plumbing issues, faulty electrical systems, or roof leaks. Even smaller issues, like water damage, fall into this category.

Being honest about these things upfront prevents last-minute problems and helps buyers feel confident about their purchase.

2. History of repairs or renovations. If you’ve done major work on your home—like remodeling a kitchen, installing a new roof, or updating systems—sharing that information is crucial. Buyers want to know about permits, warranties, and any issues that came up during the project that you corrected.

Big-ticket renovations in particular can affect a home’s value down the line, so transparency here keeps your sale moving smoothly.

3. Environmental hazards. These always need to be disclosed, including lead paint, radon, asbestos, or mold. I recently worked with a buyer who was extremely cautious about air quality, and this level of diligence is becoming more common in 2026. Many buyers are hiring environmental inspectors to check for potential contamination.

Any known environmental issues should be shared, even if they seem minor, because skipping this step can lead to lawsuits or canceled contracts. When in doubt, consult a real estate expert to stay protected.

Being transparent doesn’t just help the buyer—it protects you, too. Sellers who disclose everything upfront avoid surprises, prevent legal problems, and keep the sale on track. It builds trust and shows buyers that your home is reliable, which can make the process much smoother for everyone involved.

If you have questions about disclosures or the selling process, I’m here to help. I’ve worked with dozens of happy clients, and I’d love to guide you every step of the way. Whether you’re ready to sell now or just starting to think about it, give me a call at 706-543-3008 or email m.mahaffey@markmahaffey.com. I’m happy to give you the guidance you need to maximize your sale price and make the process as smooth as possible.