DC's new seller disclosure form says the association does not fill it out
DC's new seller disclosure form says the association does not fill it out
2026-09-09 · District of Columbia · Regulation
Every District of Columbia condominium resale since November 28, 2025 has used a rewritten seller disclosure form — one that tells sellers, in terms, that the management company and the association do not complete it. The Real Estate Commission's final rulemaking amended 17 DCMR §§ 2708 and 2799, published at 72 DCR 013205.1
What the rule changed
The seller discloses their unit, not the building. New § 2708.8 provides that “[t]he transferor or seller of a condominium unit, cooperative unit, or a lot in a homeowners association shall provide information only as to the transferor's or seller's unit or lot and not as to any common elements, common areas, or other areas outside the unit or lot.”
A common-interest checkbox at the top. The form now opens by asking whether the property is included in a condominium association, a cooperative, or a homeowners association with mandatory participation and fee.
Per-system common-element checkboxes. For the roof, the basement and foundation, and the heating system, the form carries a checkbox reading that the item “is a common element maintained by condominium, cooperative, or homeowners association.”
Who completes it. The instructions state that the seller must complete the statement themselves — “not the broker, broker's agent, management company, condominium association, cooperative association, or homeowners association.”
And what it does not do. The form states expressly: “This form does not satisfy the requirements outlined in D.C. Official Code § 42-1904.11 related to the disclosure of information for the resale of a condominium unit.”
New questions were added elsewhere on the form, including one on stormwater Declarations of Covenants and one on whether the property has a Department of Buildings vacant or blighted building exemption.
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