Seller's Duty to Disclose

While there is no common law duty to disclose known defects on the premises absent a fiduciary or other special relationship, Eaton v. Sontag, 387 A.2d 33, 38 (Me. 1978), sellers of residential real estate are required to provide purchasers with a property disclosure statement which includes information about the property’s known defects. 33 M.R.S. å¤ 173 (2010). The property disclosure statement is not a warranty by the seller, however, and is not intended to be part of the contract between the seller and buyer. 33 M.R.S.  176 (2010). In addition to the listing of any known defects, the property disclosure statement must include information on the property’s water supply system, heating source, waste disposal system and any hazardous materials either currently present on the property or previously removed by the seller, including asbestos, lead-based paint and radon.