Yes and no. A property that is transferred by an executor of an estate or trustee of a trust is not required to complete a real estate sales disclosure form and disclose known deficient conditions to a potential buyer. An executor or trustee is legally required to provide a lead disclosure. 

Here's a look at when each disclosure is and is not required:

Lead Disclosure

• Federal & RI law requires a seller or landlord to disclose known lead hazards, inspection results, or lead certificates to potential buyers and tenants in addition to providing the RI version of the EPA Lead Booklet.
• Required for sale/lease of property with 1 or more dwelling units built before 1978.

Real Estate Sales Disclosures – Single/Multi

• RI law requires a seller to disclose known deficient conditions to potential buyers.
• Required sale of vacant land or land with 1 – 4 dwelling units. 

These transactions are exempt from the lead disclosure requirement:

3.2.1 A(4) Exemptions

• Residential dwelling constructed after January 1, 1978.
• Properties with a full lead-free or full lead-safe certificate that is provided to the buyer or tenant.
• Sales and leases of zero (0) bedroom dwelling units or housing for the elderly or persons with disabilities in which no children live.
• Renewals of existing leases.
• Short-term leases of one hundred (100) days or less with no renewal or extension.

Lead Exemptions.                                                         
Sales Disclosure Exemptions.

Questions? Please contact the RIAR Legal Department at [email protected] or 401-432-6945