What must a home seller disclose in Alabama?

Alabama firmly retains the caveat emptor doctrine for residential property sales.

1. No Statutory Disclosure Form

Alabama has not enacted a mandatory residential disclosure statute. Sellers have no general duty to disclose property conditions to buyers.

2. Caveat Emptor — Cato v. Lowder Realty Co.

Cato v. Lowder Realty Co., 630 So.2d 1057 (Ala. 1993), and earlier Ray v. Montgomery, 399 So.2d 230 (1981), confirm: the buyer bears the risk of undiscovered defects in used residential property.

3. Exceptions to Caveat Emptor

Liability still exists where the seller:

Makes affirmative misrepresentations.

Actively conceals a defect.

Has a special relationship of trust with the buyer.

Knows of a healthsafety hazard that is not readily discoverable (e.g., known sinkhole, contamination).

4. Specific Mandatory Disclosures

HOA documents under Ala. Code § 35-20-1 et seq.

Sex-offender registry notice — buyer responsible for self-checking.

Septic/well information often required by lender.

Lead-based paint under federal 42 USC § 4852d.

5. New Construction

New homes carry an implied warranty of habitability by the builder (Sims v. Lewis, 374 So.2d 298). This is distinct from used-home caveat emptor.

6. "As-Is" Sales

"As-is" clauses are broadly enforceable in Alabama and reinforce caveat emptor. Fraud and active concealment claims remain.

7. Statute of Limitations

2 years for fraud (Ala. Code § 6-2-38(l)).

6 years for written contract (Ala. Code § 6-2-34).

This is legal information, not legal advice.