Do you have to disclose foundation problems when selling a house?
Usually, you have to disclose foundation problems you actually know about when your state's disclosure law or form asks about them. Indiana, Ohio and Tennessee official paperwork asks about foundation, structural, water intrusion, drainage, settling or similar issues. Georgia's official source cited here addresses broker disclosure of actually known adverse material facts, not a statewide seller form. An as is sale can affect repairs, but it should not be treated as a way to hide known defects.
Key facts
- Indiana's official disclosure form asks about foundation problems, structural problems, and moisture or water problems in the basement, crawl space, or any other area.
- Ohio's official form asks about water intrusion and movement, shifting, deterioration, material cracks or settling in structural components.
- Tennessee's statutory disclosure form asks about foundation defects, settling, drainage problems, structural modifications, and structural damage.
- Georgia's official source cited here covers broker disclosure of actually known adverse material facts about the property's physical condition.
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Get my cash offerThe answer depends on your state and what you know
Disclosure is not the same in every state. In the states covered here, the official forms and laws focus heavily on what the seller actually knows. That matters for foundation cracks, settling, seepage, water in a crawl space, and prior structural repairs.
A seller normally should answer the exact questions on the state form, not write a broad statement that the house is being sold as is and stop there. Several official sources say the disclosure form is not a warranty and is not a substitute for inspections. That protects the difference between telling what you know and promising the house has no problems.
Foundation trouble can show up in more than one part of a disclosure form. A crack may belong under foundation, water may belong under basement or crawl space, and past structural work may belong under repairs or permits. If a form asks about previous and current problems, both can matter.
How the covered states treat foundation and structural issues
The table below uses only the official sources cited on this page. It is a starting point for the states Premium Cash Buyers serves, not a full list of every exemption or special transfer.
Read your own form line by line before you answer. The same physical problem can be described as foundation, structure, basement, crawl space, water intrusion, drainage, settling, grading, repair work, or permit work.
| State | What the official source says | What that means for a seller |
|---|---|---|
| Indiana | Indiana law generally requires sellers of 1 to 4 unit residential property to complete State Form 46234 about the known physical condition of the property. Indiana's official disclosure form asks about foundation problems, structural problems, and moisture or water problems in the basement, crawl space, or any other area. | If you know about foundation, structure, or water issues, expect to address them on the disclosure form. |
| Ohio | Ohio Revised Code 5302.30 says the property disclosure form covers actual known physical condition, including the structure of the property, the roof, foundation, walls, floors, and material defects within the transferor's actual knowledge. Ohio's official form asks about water intrusion and structural movement, shifting, deterioration, material cracks or settling. | If you know about foundation movement, settling, water under grade, or repairs tied to those issues, answer the Ohio form directly. |
| Tennessee | Tennessee Code 66-5-210 provides a residential property disclosure form. It says anyone transferring title to residential real property must provide information about the condition of the property, and the form asks about foundation defects, settling, flooding, drainage, grading, structural modifications, and structural damage. | If you know about settling, drainage problems, structural changes, or foundation defects, the Tennessee form gives specific places for those issues. |
| Georgia | Georgia's official source cited here says a transaction broker must timely disclose actually known adverse material facts about the physical condition of the property that could not be discovered by a reasonably diligent buyer inspection. | Do not assume the Indiana, Ohio, or Tennessee seller forms apply in Georgia. The official Georgia source used here is about broker duties, so this page does not state a Georgia statewide seller disclosure form rule. |
Known defects, unknown items, and written reports
The words actual knowledge appear throughout these sources. Indiana's form says the seller's answers are based on the seller's current actual knowledge. Ohio's form says an owner should indicate Unknown if an item to be disclosed is not within the owner's actual knowledge.
That does not mean a seller can ignore what is already known. The Indiana Court of Appeals said a seller is not liable for an error, inaccuracy, or omission if it was not within the seller's actual knowledge, or if it was based on certain professional information the seller reasonably believed was correct. The same decision says Indiana sellers may be liable for fraudulent misrepresentations on the disclosure form if they had actual knowledge the representation was false when they completed it.
Written professional reports can matter because they can affect what a seller actually knows. Repair papers, contractor notes, engineering comments, and prior inspection findings should be treated carefully if they describe a foundation, basement, water, or structural condition. If a state form gives a place to explain, use plain words and avoid guessing beyond what you know.
Past repairs, settling, seepage, and water intrusion
Foundation disclosure is not limited to the word foundation. Indiana's official form also asks about structural problems and moisture or water problems in the basement, crawl space, or any other area. Ohio's official form has separate questions for water intrusion, structural components, and drainage or erosion.
Past repair work can still be relevant. Ohio's form asks a seller who answers yes to the structural component question to describe repairs, alterations, or modifications to control the cause or effect of the problem, but not longer than the past 5 years. Tennessee's form asks about structural modifications or repairs made without necessary permits and work not in compliance with building codes.
Past repairs do not always mean the house has a present defect. They can still be part of a truthful answer when the form asks about previous problems, current problems, or repairs. If structural work involved permits, this separate page on selling a house with open permits may also be useful.
- Cracks can appear under foundation, basement, walls, floors, or structure questions.
- Water can appear under seepage, leakage, excess moisture, flooding, drainage, grading, or crawl space questions.
- Settling can appear under foundation movement, shifting, soil problems, grading, or erosion questions.
- Prior work can appear under repairs, alterations, structural modifications, permits, or building code questions.
As is sales do not automatically erase disclosure issues
As is wording can affect repair duties or buyer acceptance of condition. Tennessee's statutory disclosure form says any sales agreement will supersede the form as to the seller's obligation to repair listed items and the buyer's obligation to accept such items as is. That is about the sale agreement, not permission to hide a known condition.
Ohio law says the disclosure form rules do not limit other disclosure duties under the Revised Code, common law, or duties that may exist to preclude fraud by misrepresentation, concealment, or nondisclosure. Indiana case law also says a seller may be liable for fraudulent misrepresentations on the disclosure form if the seller actually knew the representation was false at the time. Those rules are why as is language should not be treated as a universal escape from required disclosures.
A seller can still sell a property in as is condition and answer required disclosure questions accurately. Selling to a cash buyer is one possible as is sale path, but the disclosure issue is separate from who buys the house. If you are comparing an investor offer with a traditional listing, this overview of a cash offer vs listing agent explains the two routes.
Disclosure forms do not replace inspections
Official forms repeatedly separate seller disclosure from buyer inspections. Indiana's form says the prospective buyer and owner may wish to obtain professional advice or inspections and make contract provisions about advice, inspections, defects, or warranties. Ohio's form says it is not a warranty and is not a substitute for any inspections.
Tennessee's statutory form also says it is not a warranty or substitute for professional inspections or warranties that purchasers may want. It also says buyers and sellers should be aware that the sales agreement controls repair obligations and as is acceptance. Those two ideas can exist at the same time.
Water intrusion can overlap with other issues. A wet crawl space can be disclosed under a water question, while a related crack may be disclosed under a structure or foundation question. For a separate issue that can come with moisture, see this page on mold disclosure when selling a house.
How to fill out the disclosure when foundation issues exist
Start with the form used in your state and answer the actual question asked. If the form asks about current problems, answer that. If it asks about previous or current problems, repairs, permits, or water intrusion, do not limit your answer to only what is visible today.
Use the form's instructions when you need more room. Ohio's form tells the owner to answer all questions, report known conditions affecting the property, attach additional signed pages if more space is needed, and mark Unknown if an item is not within actual knowledge. That is a useful pattern even when another state's form looks different.
Keep the wording simple and factual. A seller can say what was seen, when it was repaired, who inspected it, or what paperwork exists, without promising that the repair solved every future issue. If repair cost is part of your selling decision, this page explains common costs to sell a house.
- Do not say no foundation problems if you actually know about a foundation defect.
- Do not leave out basement or crawl space water if the form asks about moisture, seepage, leakage, or water accumulation.
- Do not skip past repairs when the form asks for repairs, alterations, or modifications.
- Do not use as is wording as a substitute for required disclosure answers.
Frequently asked questions
Can I sell the house as is without disclosing foundation problems?
Do not treat as is wording as a blanket permission to hide a known defect. Tennessee's form says a sales agreement can control repair duties and buyer acceptance as is, while Ohio and Indiana sources show fraud and actual knowledge rules can still matter.
What if the foundation problem was repaired years ago?
Answer the question the form asks. Ohio's form asks about previous or current structural movement, shifting, deterioration, material cracks or settling, and asks for certain repair details for the past 5 years.
What if I do not know whether a crack is serious?
Do not guess beyond what you know. Ohio's form says that if an item to be disclosed is not within the owner's actual knowledge, the owner should indicate Unknown. The same form says it is not a substitute for inspections.
Does the buyer's inspection replace my seller disclosure?
No. Indiana, Ohio, and Tennessee sources say disclosure forms are not substitutes for inspections. A buyer inspection can help the buyer, but it does not turn a false seller answer into a true one.
Do basement leaks or crawl space moisture count as foundation disclosure issues?
They can, depending on the form. Indiana's form asks about moisture and water problems in the basement, crawl space, or any other area. Ohio's form asks about water leakage, water accumulation, excess moisture, and defects below grade, in a basement, or in a crawl space.
What is different about Georgia?
The official Georgia source cited here is about broker duties. It says a transaction broker must timely disclose actually known adverse material facts about the property's physical condition that could not be discovered by a reasonably diligent buyer inspection. This page does not state a Georgia statewide seller disclosure form rule.
Can a buyer sue if a seller hides a known foundation problem?
The answer depends on state law and the facts. Indiana case law says a seller may be liable for fraudulent misrepresentations on the disclosure form if the seller had actual knowledge the representation was false when the form was completed. Ohio law also says its disclosure form rules do not limit duties that may exist to preclude fraud by misrepresentation, concealment, or nondisclosure.
Sources
Checked against each source on November 10, 2026. This page is general information, not legal or tax advice.
- Orrico v. Snyder, Court of Appeals of Indiana (Court of Appeals of Indiana / Indiana Courts)
- Seller's Residential Real Estate Sales Disclosure, State Form 46234 (State of Indiana / Indiana Real Estate Commission)
- Ohio Rev. Code 5302.30 (Ohio Laws / Ohio Legislative Service Commission)
- Ohio Residential Property Disclosure Form (Ohio Department of Commerce / Ohio Laws)
- Tennessee Code 66-5-210, Disclosure form (Tennessee General Assembly)
- GREC REnews May 2021 (Georgia Real Estate Commission)
Related seller questions
- Do you have to disclose mold when selling a house?
- Can you sell a house with open permits?
- Can you sell a house with code violations?
- How much does it cost to sell a house?