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Environmental PFAS Disclosure Form

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Environmental PFAS Disclosure Form

Client Name:    Discloser Name:

Report Date:

RECITALS

WHEREAS, the Discloser is supplying information regarding the presence, testing, handling and management of per- and polyfluoroalkyl substances (PFAS) in materials, products or wastes relevant to Client's operations or procurement; and

WHEREAS, the Client requires an accurate written disclosure of known PFAS occurrences, testing results, and related risk-management measures to evaluate regulatory, health, and contractual obligations;

WHEREAS, the Parties wish to set forth the scope of disclosure, responsibilities for testing and any associated commercial arrangements and confidentiality protections in this Environmental PFAS Disclosure Form.

DISCLOSURE DETAILS

Dates of Manufacture:

Test Date:

SCOPE OF WORK

The Discloser shall provide the services, data and deliverables described below. The scope includes disclosure of historical data, current testing results, sampling procedures, chain-of-custody records, and any recommended risk-management measures necessary for Client evaluation.

PAYMENT TERMS

Client shall pay Discloser the fees set forth below in consideration for disclosures and any testing or data compilation performed by Discloser. Unless otherwise stated in a separate fee schedule, the following terms apply.

Any overdue amount shall accrue interest at from the due date until paid, plus costs of collection.

TERM AND TERMINATION

This Disclosure shall commence on and shall continue until unless earlier terminated in accordance with this section.

Either Party may terminate for material breach upon written notice if the breach remains uncured after the stated notice period. Client may terminate for convenience upon providing the notice specified above; in such event, Client shall remain liable for all fees and documented costs incurred through the effective date of termination.

CONFIDENTIALITY

All non-public information and technical data disclosed pursuant to this Form that is identified in writing as confidential or that a reasonable person would understand to be confidential shall be held in confidence by the receiving Party. Confidential information shall not include information that: (a) is or becomes publicly available other than through a receiving Party's breach; (b) is independently developed without use of the confidential information; or (c) is rightfully obtained from a third party without restriction.

The receiving Party shall use at least the same degree of care to protect confidential information as it uses for its own confidential information, but in no event less than reasonable care. Disclosure required by law or valid order of a governmental authority shall be made only after prompt notice to the disclosing Party and giving the disclosing Party an opportunity to seek protective measures.

GOVERNING LAW

This Form shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Form, together with any attached schedules, laboratory reports and written amendments executed by both Parties, constitutes the entire agreement between the Parties with respect to the disclosure of PFAS information and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the same subject matter.

CERTIFICATION

The undersigned representative of the Discloser certifies that, to the best of their knowledge after reasonable inquiry, the information provided in this Disclosure Form and any attached laboratory reports is true, complete and accurate. The Discloser further certifies that it is authorized to disclose the information contained herein on behalf of the named Discloser entity.

Client:

By:

Date:

Discloser:

By:

Date:

Enter text✕

What the Environmental PFAS Disclosure Form Is

The Environmental PFAS Disclosure Form documents known information about per- and polyfluoroalkyl substances (PFAS) at a site, property, product, or project. It records whether PFAS testing has been performed, summarizes laboratory or vendor results, identifies the media tested (soil, groundwater, surface water, indoor materials), and lists any mitigation, remediation, or institutional controls in place. The form helps recipients assess potential environmental liability, regulatory obligations, and risk transfer terms during transactions, permitting, insurance underwriting, or facility operations. Use clear supporting attachments for lab reports and chain-of-custody documentation when available.

Why completing a PFAS disclosure matters

Completing this form clarifies site conditions, supports regulatory compliance, and documents due diligence for buyers, lenders, insurers, and regulators. It reduces uncertainty in transactions and creates an auditable record of what was known and when.

Why completing a PFAS disclosure matters

Who typically completes and receives this disclosure

Multiple parties engage with PFAS disclosures depending on context: sellers, owners, environmental consultants, legal counsel, and regulators.

  • Property sellers and owners providing condition information during sale or lease processes.
  • Environmental consultants preparing or summarizing testing and investigation results.
  • Lenders, insurers, and purchasers reviewing liability and underwriting implications.

Tailor the form fields and attachments to the transaction type and any state or local reporting rules that apply.

Representative signer profiles

Environmental Manager

An environmental compliance manager prepares the form and attaches laboratory reports, chain-of-custody records, and remediation documents; they certify accuracy based on available data and coordinate any follow-up testing or remediation planning with contractors and counsel.

Closing Officer

A real estate closing officer or counsel reviews the disclosure during due diligence, flags gaps for the buyer, and confirms whether disclosures satisfy contractual conditions or require escrow, indemnities, or post-closing remediation obligations.

Key data and security points to include

Site Identifier: Facility name or parcel ID
Test Dates: Sampling and lab analysis dates
Analytical Results: Concentrations and detection limits
Chain-of-Custody: Lab COC or sample IDs
Mitigation Status: Remediation or controls present
Certification: Authorized signer name and date

Common pitfalls to avoid when preparing the form

  • Failing to attach laboratory reports or chain-of-custody documents makes conclusions unverifiable and can delay transactions.
  • Reporting only qualitative statements without detection limits or method names obscures the significance of reported values for regulators or technical reviewers.
  • Using inconsistent site identifiers across attachments can cause confusion during due diligence and regulatory review.
  • Omitting the signature date or signer authority undermines the document’s evidentiary value in disputes and compliance checks.

How to complete the Environmental PFAS Disclosure Form

Follow a consistent sequence to ensure accuracy and completeness.

  • 01
    Gather records: Collect lab reports, sample IDs, and chain-of-custody paperwork.
  • 02
    Enter site data: Provide legal site name, address, and parcel identifier.
  • 03
    Summarize results: List analytes, concentrations, and detection limits clearly.
  • 04
    Sign and attach: Authorized signer dates the form and includes supporting files.

Typical submission and review workflow

A standard review path helps recipients act on disclosed information consistently.

  • Prepare packet: Assemble form, lab reports, and COC into a single submission.
  • Send to reviewers: Share with buyer, lender, insurer, or regulator for review.
  • Request follow-up: Respond to technical questions or request additional sampling.
  • Record outcome: Document any agreed remediation, escrow, or indemnity terms.

Configuring an online PFAS disclosure workflow

Set workflow controls for authentication, routing, and recordkeeping before sending the form.

Field Configuration
Authentication Method Email + SMS code or KBA for stronger identity
Routing Order Sequential signing: preparer, reviewer, authorized signer
Conditional Fields Show testing fields only if testing performed
File Format Submit as PDF/A with embedded attachments

Digital signing and technical compatibility

Select an eSignature platform that supports PDFs, secure attachments, and robust audit trails.

  • Supported Formats: PDF, DOCX, XLSX
  • Integration Options: Salesforce, NetSuite, Google Workspace
  • Security Standards: TLS 1.2/1.3 and AES-256

Ensure the chosen platform provides preservation of attachments, tamper-evident signed PDFs, and a retrievable audit trail to support future compliance or dispute resolution.

Timing considerations and typical deadlines

Deadlines vary by transaction type and jurisdiction; plan timing to allow for testing turnaround and negotiated remedies.

During due diligence:

Provide disclosure early in the buyer’s inspection period to prevent delays.

Testing turnaround:

Laboratory analysis may take 7–30 days depending on method and backlog.

Post-closing obligations:

Document remediation timelines and reporting obligations in the contract or escrow.

Regulatory reporting:

Some agencies require prompt notification on discovery; check state rules.

Record retention:

Keep original reports and disclosures per retention policies below.

Key processing milestones from investigation to closure

Use these milestones to track progress and preserve an evidentiary record of actions taken.

01

Initial Assessment

Identify suspected PFAS sources and scope initial sampling.

02

Sampling & Analysis

Collect samples and obtain certified laboratory results.

03

Disclosure Preparation

Summarize findings, attach reports, and prepare the disclosure form.

04

Review & Resolution

Negotiate remedies, remediation, or record retention with stakeholders.

Potential legal and financial risks from incomplete or inaccurate disclosure

Regulatory fines: Civil penalties may apply
Contract rescission: Buyer may void transaction
Liability exposure: Cleanup cost allocation risks
Insurance denial: Coverage disputes for nondisclosure
Reputational harm: Public trust and permitting delays
Tax consequences: Indemnity escrow may affect closing accounting

Real-world examples of when a PFAS disclosure mattered

Two concise scenarios illustrate common use cases for the disclosure form.

Property Sale Scenario

A seller orders targeted PFAS sampling after a lender request

  • Lab detects low-level PFAS in groundwater, below state action levels
  • The seller provides the disclosure with reports, negotiates an escrow for potential cleanup, and closes without litigation by documenting the arrangement.

Industrial Lease Scenario

A prospective tenant requests environmental due diligence before lease execution

  • Historical site inspection reveals legacy PFAS use in manufacturing
  • The owner attaches remediation plans and a covenant restricting certain activities to limit tenant exposure and clarify responsibilities.

Practical tips for accurate and efficient disclosure completion

Apply consistent formatting and include complete attachments to reduce review cycles.

Standardize attachments naming
Use consistent file names (siteID_documentType_date.pdf) to make it easy for reviewers to find lab reports, chain-of-custody records, and remedial plans when multiple files are submitted.
Confirm signer authority
Ensure the person signing has corporate or legal authority; attach a delegations list or corporate resolution if needed to avoid enforceability disputes.
Use clear units and qualifiers
Report concentrations with units and detection limits; include method names to permit technical comparison across datasets and regulatory thresholds.
Retain an audit trail
Preserve the complete audit trail and original signed PDFs for future disputes, regulatory inquiries, or insurance claims where chain-of-custody and signing metadata may be material.

eSignature vendor comparison for submitting and signing PFAS disclosures

Basic vendor pricing and compliance features relevant to electronically signing and managing disclosure packets are shown below.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about PFAS disclosures

Answers to common questions about preparing, signing, and retaining Environmental PFAS Disclosure Forms.


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