District of Columbia · D.C. Code §§42-1301–42-1306DC residential seller disclosure: when it's due and the buyer's 5-day right

The District's Residential Real Property Seller Disclosure Act applies to sales of one to four residential units – including installment contracts and leases with an option to purchase – where the buyer states in writing an intent to live in the property; court-ordered, foreclosure, fiduciary, co-tenant, family and divorce transfers are among the exemptions (D.C. Code §42-1301). The seller signs the disclosure statement on the form approved by the Mayor and delivers it before or at the time the buyer signs the purchase agreement, and compliance is noted on the contract, an addendum or a separate document (§42-1302(a)–(b)). If the statement is delivered after the buyer signs, the buyer may terminate by written notice within 5 calendar days after receiving it, with deposits promptly returned (§42-1302(c)) – but the right is waived if not used before the earliest of a written loan application where the lender disclosed in writing that it ends the right, settlement, or the buyer's occupancy (§42-1302(d)). The form lists actually known defects in the water and sewer systems – including lead test results, lead plumbing and the lead service line and whether it's been replaced – insulation, structural systems, plumbing, electrical, heating and air conditioning, infestation history, appliances, alarm and intercom systems, garage door openers and fixtures (§42-1305). Disclosures are made in good faith – honesty in fact – and the seller isn't liable for errors outside its actual personal knowledge or for information from public agencies or experts delivered with ordinary care (§§42-1303, 42-1306).