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Legal Guide7 min read

Washington DC Home Seller Disclosure Requirements (2026)

Published October 2, 2025

Washington DC Home Seller Disclosure Requirements (2026)

Washington DC has its own disclosure laws separate from Maryland and Virginia. DC's older housing stock, significant condo inventory, and municipal-specific requirements create a distinct disclosure landscape.

DC's Seller Disclosure Statement

DC law (DC Code §42-1302) requires residential sellers to provide buyers with a Seller's Disclosure of Real Property Condition Statement. This form must be delivered to buyers before or at the time of contract. Buyers who receive the disclosure after signing have 3 days to rescind.

The DC disclosure form covers:

  • Known structural defects (roof, foundation, walls, electrical, plumbing, HVAC)
  • History of water damage, flooding, or drainage problems
  • HOA or condo association existence and fees
  • Existence of lead paint (in addition to federal disclosure requirements)
  • Any known environmental hazards
  • Any known code violations, unpermitted work, or building violations
  • Lead Paint — Critical in DC

    DC has some of the most stringent lead paint regulations of any US jurisdiction. DC's Lead-Safe Housing Program (DC Health) imposes specific requirements for properties in which children under 6 reside or will reside.

    Federal requirements apply to all pre-1978 homes: Lead-Based Paint Disclosure form and EPA pamphlet.

    DC's additional requirements: DC's regulations require dust lead hazard testing and clearance procedures after renovation or repair work in pre-1978 homes with children under 6. If your property has young children as occupants or will likely be occupied by a family with young children, understand DC's lead requirements.

    Rowhouses in Capitol Hill, Columbia Heights, Shaw, Bloomingdale, Petworth, and other established DC neighborhoods are predominantly pre-1940 construction. Lead paint is nearly universal in this housing stock.

    Flooding in the District

    DC's drainage and flooding issues are more localized than coastal Florida but significant in certain neighborhoods. The Anacostia River corridor and the Bloomingdale/Eckington area have experienced significant sewer backup flooding during heavy rain events (the "Bloomingdale flooding crisis" affected dozens of homeowners during major storms in the 2010s).

    If your property has experienced flooding or sewer backup flooding, this must be disclosed. FEMA flood zone status should also be disclosed. Most of DC proper is not in a Special Flood Hazard Area, but Anacostia River-adjacent properties may be.

    Condo Disclosure Requirements

    DC's large condo market requires sellers to provide buyers with:

  • Condo declaration and bylaws
  • Condo rules and regulations
  • Current budget and financial statements
  • Pending special assessments
  • Capital reserve study (if available)
  • Resale certificate from the condo association
  • DC's Condominium Act (DC Code §42-1904.11) provides buyers the right to receive these documents and a review period to cancel based on their contents.

    DC Transfer Tax Calculation

    DC Real Property Transfer Tax: 1.1% of consideration (seller pays) On a $650,000 sale: $7,150 seller transfer tax

    This is in addition to the 1.1% recordation tax (buyer pays) and any title insurance and attorney fees.

    Attorney Requirement

    DC real estate closings involve attorneys, and both parties typically have counsel. Attorney fees for DC residential closings run $1,500–$3,000. Work with a DC-licensed real estate attorney experienced in DC (not just Virginia or Maryland) transactions.

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