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Utah · Seller disclosureUtah stigmatized property and meth contamination: what the seller has to say

Utah separates two situations. Stigmatized property – the site or suspected site of a homicide, other felony or suicide; the dwelling of a person infected or suspected of being infected with HIV or another infectious disease the Department of Health and Human Services finds can't be transmitted by occupying a dwelling; or property found contaminated by an illegal drug operation that the local health department later found decontaminated – is not a material fact that must be disclosed in a real estate transaction, and neither the owner nor the owner's agent is liable for failing to disclose it (Utah Code §§57-1-1, 57-1-37). Property that is currently contaminated is different: an owner or lessor who has actual knowledge that the property is contaminated from the use, storage or manufacture of methamphetamine must disclose it in a lease, conveyance or other transaction for the property; anyone may sue to enforce the duty, and the court may award the winner damages, costs and reasonable attorney fees. A real estate licensee isn't liable for the owner's disclosure or failure to disclose unless the licensee is the owner or lessor (§§57-27-201, 57-27-202).

What the statutes set

  1. Stigmatized (§57-1-1)

    Homicide, felony or suicide site; an occupant's HIV or similar infection; a decontaminated drug-lab site.

  2. Not material (§57-1-37)

    No duty to disclose stigmatized property; no liability for the owner or agent.

  3. Current meth contamination (§57-27-201)

    An owner who knows must disclose it in the sale or lease; civil action with damages and fees.

  4. Licensees (§57-27-202)

    Not liable for the owner's disclosure unless the licensee owns the property.

What the TC does on a Utah sale

  • Ask the seller in writing whether the property is currently contaminated by methamphetamine.
  • If it is, make sure the written disclosure goes to the buyer before closing.
  • If a health department decontamination finding exists, keep a copy in the file.

Questions about Utah stigmatized property

Does a Utah seller have to disclose a death in the house?

Not a homicide, other felony or suicide on the property: these make it stigmatized, which is not a material fact, and neither the owner nor the agent is liable for not disclosing it (Utah Code §§57-1-1, 57-1-37).

Does a Utah seller have to disclose a former meth lab?

If the owner knows the property is currently contaminated from methamphetamine, yes, in the sale or lease (Utah Code §57-27-201); once the health department has found it decontaminated, it is stigmatized property and not a material fact (§§57-1-1, 57-1-37).

Related guides

Track the seller's written disclosures as tasks on the deal in ClosingCode.

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Sources: Utah Code §§57-1-1, 57-1-37, 57-27-201, 57-27-202 (le.utah.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.