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Many real estate professionals are unclear about what the term non-disclosure state means as it relates to a disclosure state. In disclosure states, when the sale of a property is recorded, the sale price is also reported, making it part of the public record. This is the data that salespeople, brokers, appraisers, and other real estate professionals use to form their opinions of value.

Conversely, in non-disclosure states, the sales price of real property is not recorded and made available through the public record. This does not mean that salespeople, brokers, or even members of the general public are prohibited by law from divulging or discussing the sales price. It means that employees of the county offices that would be privy to sales data are prohibited from disclosing that information to the general public.

In addition, the state or county governments in non-disclosure states cannot force anyone to disclose the sales price. If the sales price is in the MLS, they may have access, but as mentioned above, the state and/or county governments are prohibited from disclosing that information to the general public.

In non-disclosure states, one way to see sale prices is through the MLS. If the sale was a private sale, such as a for-sale-by-owner (FSBO) or a sale performed by a real estate agent who is not part of the MLS, that information will not be available. Plus, not all MLS systems require that the sales price be entered upon closing. According to the National Association of Realtors (NAR), in some cases, sales prices can be categorized as confidential in non-disclosure states. To add further confusion, some non-disclosure states may have counties that are full disclosure.

Map of the U.S. Highlighting Non-Disclosure States

The current list of non-disclosure states includes Alaska, Idaho, Kansas, Louisiana, Mississippi, Missouri (some counties), Montana, New Mexico, North Dakota, Texas, Utah, and Wyoming.

What Can You Do to Get a Property Sales Price?

Few options are available when working in a non-disclosure state (county disclosure rules aside). If the sales price is not public and is not in the MLS, it is common practice to use an automated valuation model (AVM). In fact, ATTOM AVM is a lender grade AVM that enables you to fill in the gap.

We use more than 80 million homes in our property database across all 50 states representing 99% of the US population. We also use valuation software developed by Automated Valuation Model Analytics and believe our property AVM to be one of the best on the market.

How Does ATTOM Help?

To gauge the accuracy of our AVM, ATTOM compares our real estate valuations to actual sale prices over a recent three-month period. Even if the sales price is not disclosed, you can access sales history and mortgage information from the ATTOM platform to calculate an estimated sales price for a property.

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