A homeowner can find the owner of a neighboring property, its tax assessment and its asking price, yet still be unable to find the price it actually sold for. In a non-disclosure market, those gaps make an agent's explanation especially useful. The answer is not that nobody has sale prices; it is that different records have different reporting requirements, access rules and uses.
What Does Non-Disclosure Mean?
“Non-disclosure state” is an industry shorthand, not one uniform legal category. It can describe a state where sale consideration need not be placed in a public deed record, where transaction information is collected for assessment but kept out of public records, or where particular privately supplied information is confidential.
Three questions clarify almost any market:
- Must the buyer or seller report the sale price to a public authority?
- If an authority receives it, can a member of the public inspect that particular record?
- Does the local MLS collect sold prices, and what can its participants share with clients or other providers?
Those answers can differ within the same state. A universal list of “12 states” is less helpful than checking the statute, assessor and MLS rules that govern the transaction in front of you.
Why Do These Systems Differ?
Property recording, transfer taxes, assessment procedures and public-record exemptions are governed by state law. A deed records a transfer of an interest in property; it is not necessarily a complete closing statement. Whether sale consideration must accompany that transfer, and who can see it, depends on that state's requirements.
Texas and Kansas illustrate two distinct approaches. Texas does not require sales-price disclosure for property taxing purposes, according to the Texas Comptroller's field appraisal manual. Kansas generally requires a sales-validation questionnaire, but its statute says that questionnaire is not filed of record and limits access to specified users and purposes.
These are legal structures with different reporting and confidentiality choices. They do not support a single story that all such states adopted non-disclosure for the same privacy, lobbying or political reason. Establishing that history for a particular state requires its legislative record, not an assumption based on its current label.
Public Records, Assessment Data and MLS Data Are Different
| Record or source | What it may tell you | What it does not automatically establish |
|---|---|---|
| Recorded deed | Parties, property description, transfer and sometimes consideration | The full negotiated sale price, concessions or property condition |
| Assessor record | Property characteristics, assessment, tax information and some transfer details | A current market sale price or public access to all supporting sales data |
| Recorded mortgage or deed of trust | A recorded financing obligation and related parties | Sale price or the current outstanding loan balance |
| Public listing history | Asking prices and information released for consumer viewing | The final closed price or a complete history of concessions |
| Private MLS sold record | Sale data reported under local MLS rules, where available | Unrestricted access, republication rights or identical coverage of every sale |
| Homeowner's closing documents | Their transaction price and relevant closing details | Permission to disclose someone else's private documents |
A recorded loan amount cannot safely substitute for sale price. Down payments, refinancing, additional loans and other transaction arrangements can make that inference wrong.
Who Can Access Sold Prices?
Texas: Private Reporting Still Happens
Texas REALTORS' listing-agreement FAQ states that listed-property sales, including selling prices, must be reported promptly to the MLS. Non-disclosure status does not excuse that reporting obligation. Local MLS rules govern disclosure and use of its information.
The Comptroller also describes appraisers using subscription resources, including local MLS information, plus surveys and verification. Public disclosure gaps do not mean taxing authorities or authorized professionals work without sales evidence.
Some voluntarily supplied Texas assessment information can be confidential under Tax Code section 22.27. A Texas Attorney General open-records ruling explains that protection in the circumstances considered. That is not a declaration that every price, regardless of source, is secret.
Kansas: A Price Can Be Reported Without Becoming a Public Record
K.S.A. 79-1437c generally requires a sales-validation questionnaire alongside a title transfer, subject to statutory exceptions, but states that the questionnaire is not filed of record.
K.S.A. 79-1437f permits access for specified people and uses, including county appraisers, licensed or certified appraisers, financial institutions, qualifying property owners considering or pursuing assessment appeals, and licensed real estate professionals performing their duties or providing market-value information to clients or customers.
Access is therefore broader than “only REALTORS,” but narrower than an unrestricted public website. Confirm your permitted use rather than assuming a professional license authorizes unlimited redistribution.
What About Online Estimates?
A missing public deed price does not reveal every dataset an online provider can access. Providers may license MLS or other private data, obtain information from users, or apply market indexes. Their coverage and methodology can differ substantially.
Do not tell homeowners that every online estimate in a non-disclosure state is inaccurate or that only your software has access to the truth. Ask what the number measures, what inputs were used and whether the property details are correct. A CMA adds selected comparable sales, condition and professional judgment that an automated trend estimate cannot replace.
Why an Agent's Update Can Be Valuable
Homeowners often have fragmented information: a tax assessment, an old purchase price, an asking price down the street and a portal estimate. An agent can explain which of those numbers is appropriate for which question, and provide authorized comparable-sale context when pricing advice is needed.
A recurring home value email can maintain that connection before the homeowner is ready for a CMA. Send from your connected Gmail or Outlook, focus on their property and let them review it on their own schedule. Quarterly, semi-annual or annual delivery may be enough; monthly is an option for homeowners who want it.
Touchpoint Valuation estimates start from the purchase price and date you enter, then adjust for local home price changes using ZIP-level home price indexes, with city, metro and state fallbacks where ZIP data is thin. This is a market-data estimate, not an appraisal, a broker price opinion, or a CMA. It does not retrieve a confidential closing price for you.
Confirm the starting purchase information with the homeowner or your authorized transaction records. Estimated appreciation is not actual equity, and it cannot establish what they would take home after a sale.
A Practical Conversation
The public records do not always show the closed price here. I can explain what information is available and review appropriate comparable sales with you. If you would like occasional updates between those conversations, I can send an estimate for your own property, with its limits clearly explained.
If a homeowner repeatedly visits a report, offer a closer look rather than assuming they intend to sell. A reply about timing or a requested CMA is stronger evidence of what they need than a click alone.
Before Sharing Data
- Check local MLS permissions and your brokerage's requirements for client-facing comparisons.
- Distinguish public records from subscription and confidential records.
- Verify the purchase price and date rather than filling a gap with a mortgage or asking price.
- Explain the difference between tax assessment, automated estimate, CMA and appraisal.
- Obtain current loan information separately for any equity or net-proceeds discussion.
This is general educational guidance, not legal advice. Check current state law and local rules for the specific transaction. Read the Texas agent guide and the automated email workflow for practical next steps.
