Utah Seller Disclosure Requirements | Utah Code §57-27 Compliance

Key Information

Utah's seller disclosure requirements are governed by Utah Code §57-27-101 et seq. (the Seller Disclosure Act), which requires sellers of single-family residential property to complete a written Seller's Property Condition Disclosure (SPCD) before closing. The disclosure covers structural systems, mechanical systems, environmental hazards, and natural hazard conditions. Utah is notable for including geologic hazards — radon, soil instability, mine subsidence, and seismic risk — as required disclosure categories. The Utah Division of Real Estate publishes the standard SPCD form. Certain transactions including foreclosures and court-ordered sales are exempt.

Pricing: Starting $99/month

Time Required: Listing documentation package in one workflow

The Problem

Utah's SPCD includes categories that many out-of-state agents overlook — radon, soil instability, mine subsidence, and seismic zone status. Missing these disclosures is among the most common sources of post-closing disputes in Utah's fast-growing markets.

The Solution

BuildMyListing helps Utah listing agents prepare complete listing packages that document the §57-27 disclosure process, flag the state's unique natural hazard categories, and produce a timestamped compliance record for the broker file.

Key Features

Utah-Specific Geologic Hazard Coverage

Utah's SPCD requires disclosure of radon presence, soil instability, mine subsidence risk, and seismic zone status. BuildMyListing prompts for each of these Utah-specific categories and documents responses with timestamps.

Benefit: Don't miss the disclosures that routinely surprise out-of-state agents

Structural and Mechanical Systems Documentation

Structured documentation covering the standard SPCD categories: foundation, roof, walls, HVAC, plumbing, electrical, water heater, and appliances.

Benefit: Complete coverage of all standard SPCD sections

Lead-Based Paint Federal Addendum

For homes built before 1978, the federal EPA/HUD lead paint disclosure (42 U.S.C. §4852d) applies in addition to Utah's SPCD. BuildMyListing flags pre-1978 properties and includes the lead paint checklist in the documentation package.

Benefit: Never miss the federal overlay on older Utah homes

MLS-Ready Listing Package

Generate enhanced photos, UtahRealEstate.com-ready MLS descriptions, and marketing flyers in the same workflow — not a separate system.

Benefit: From listing appointment to MLS-ready in one session

How It Works

Enter Property Details

Input address, construction year, known condition items, and geologic factors. BuildMyListing flags Utah's SPCD categories — including radon, soil, and seismic — requiring disclosure and any federal overlays.

Document Seller Responses

Walk through each SPCD category with your seller and record their responses. BuildMyListing timestamps and formats responses for a defensible documentation record.

Download Listing Package with Compliance Record

Download the full listing package: enhanced photos, MLS description, and a compliance summary for your broker file documenting the full Utah §57-27 disclosure process.

Compliance Reference

SPCD Category	Key Items	Common Utah Failure Points	Notes
Structural systems	Foundation, roof, walls, windows, doors	Undisclosed foundation settlement in high-expansion soil areas	Utah's varied soils (bentonite, fill, colluvium) create elevated foundation risk in some markets
Mechanical systems	HVAC, plumbing, electrical, water heater	Known HVAC issues not disclosed because system was serviced	Disclose known defects even if repairs were made
Radon	Known radon presence, testing history, mitigation system	No radon test ever done — disclosure left blank	Utah has elevated radon risk in many counties; sellers should disclose any known testing results
Soil stability and mine subsidence	Soil instability, landslide risk, mine subsidence zone	Properties in former mining areas not flagged	Several Utah counties have active mine subsidence risk zones — disclose if known
Seismic zone status	Property location relative to known fault lines	Wasatch Front properties not flagged for seismic risk	Utah has significant seismic activity potential along the Wasatch Front
Environmental hazards	Asbestos, lead paint, mold, underground storage tanks	Pre-1978 lead paint not included separately from SPCD	Federal lead paint disclosure (42 U.S.C. §4852d) applies in addition to SPCD for pre-1978 homes
Water and drainage	Flooding history, drainage issues, irrigation water rights	Irrigation water rights not disclosed as material fact	Water rights are a material issue in Utah; disclose any known water rights affecting the property

Common Use Cases

Wasatch Front Home with Radon History

Scenario: Seller's Salt Lake County home tested positive for elevated radon in 2022. A mitigation system was installed. Both the test result and the mitigation system must be disclosed under Utah's SPCD.

Process: Document radon test results and mitigation system → BuildMyListing flags as required SPCD disclosure → Timestamps and formats for broker file → Listing proceeds with complete disclosure record

Compliance: Full radon disclosure documentation — one of Utah's most frequently missed SPCD categories

Utah County Pre-1978 Home with Seismic Considerations

Scenario: Agent listing a 1965 Provo home. Three disclosure layers apply: SPCD (including seismic zone), Utah Division of Real Estate form requirements, and the federal lead paint disclosure.

Process: Enter 1965 construction year and Provo location → BuildMyListing flags lead paint, seismic zone, and SPCD categories → Document seller responses → Generate compliance package

Compliance: All Utah-specific and federal disclosure layers addressed before listing

Frequently Asked Questions

What is Utah Code §57-27 and what does it require?

Utah Code §57-27-101 et seq. (the Seller Disclosure Act) requires sellers of single-family residential property to complete a Seller's Property Condition Disclosure (SPCD) before the property closes. The disclosure must cover structural and mechanical systems, environmental hazards, and Utah's unique natural hazard categories including radon, soil instability, mine subsidence risk, and seismic zone status. The Utah Division of Real Estate publishes the standard SPCD form.

What transactions are exempt from Utah's seller disclosure requirement?

Utah Code §57-27-104 provides exemptions for foreclosure sales, court-ordered transfers, sales between co-owners, sales to a spouse or lineal descendants, and transfers by a fiduciary such as a trustee, executor, or administrator. New construction where the builder provides other disclosures may also qualify. These exemptions are narrow — most standard residential resales between unrelated parties require the full SPCD.

Why does Utah require disclosure of radon and geological hazards?

Utah has elevated radon concentrations in many counties due to the region's geology, and several areas face soil instability, mine subsidence, and seismic risk along the Wasatch Front and in former mining regions. The Utah SPCD specifically requires sellers to disclose known radon levels, testing history, mitigation systems, soil stability issues, and proximity to known fault lines. These are materially important conditions for buyers in Utah that do not appear on standard disclosure forms in most other states.

Does Utah require disclosure of water rights?

Water rights are not a standard section of Utah's SPCD form, but water rights affecting a property are generally considered material facts under Utah law. If the seller is aware of irrigation water rights, well rights, or water rights disputes affecting the property, disclosure is strongly recommended. Consult a licensed real estate attorney for guidance on water rights disclosure in your specific transaction.

Does the federal lead-based paint requirement apply to Utah homes?

Yes. The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any sale of residential housing built before 1978 in all 50 states, including Utah. Sellers must provide buyers with the EPA pamphlet, complete a lead-based paint disclosure form, and give buyers a 10-day inspection opportunity. This requirement applies in addition to Utah's SPCD.

What happens if a Utah seller fails to complete the SPCD?

Under Utah Code §57-27-201, a seller who fails to provide the SPCD, or who provides a materially false SPCD, is liable to the buyer for damages. Courts in Utah have found sellers liable for failing to disclose known material defects even when those defects are not explicitly covered by a specific SPCD category. Consult a licensed real estate attorney for guidance on your specific disclosure obligations.

When must the Utah SPCD be provided to the buyer?

Utah Code §57-27-102 requires the seller to deliver the SPCD to the buyer before the real estate purchase contract is signed, or as a contingency of the contract. If the SPCD is provided after contract execution, the buyer typically has a defined period to review and may have the right to withdraw based on disclosed conditions. Delivering the SPCD before the offer is submitted is standard practice in Utah.

How does Utah disclosure compare to Nevada and Colorado?

All three are mandatory disclosure states. Nevada Revised Statutes §113.130 requires a similar written condition disclosure. Colorado uses a Seller's Property Disclosure form but is notable for requiring radon disclosure separately under Colorado regulations. Utah's SPCD is distinctive for its explicit geologic hazard categories — radon, soil instability, mine subsidence, and seismic risk — which reflect Utah's unique environmental profile compared to its neighbors.

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Utah Seller Disclosure Requirements — §57-27 Guide for Listing Agents