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FHA Real Estate Disclosures

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FHA Real Estate Disclosures

Property Identification

Property Address:

Parties

Transaction Information

Purchase Price:    Earnest Money Amount:

Proposed Closing Date:    Possession Date:

Material Disclosures (Answer Yes or No)

Lead-based paint (property built before 1978):

Known presence of mold or moisture intrusion:

Past or pending insurance claims related to the property:

Flooding or location in a Special Flood Hazard Area (floodplain):

Active pest or termite infestation, or prior structural fumigation:

Structural and Mechanical Systems

Roof condition:    Age of roof (years):

Heating system (type/age):

Water heater (type/age):

Environmental and Hazard Disclosures

Known presence of asbestos, radon, contaminated soil, underground storage tanks, or other hazardous substances:

Permits, Additions, and Code Compliance

Are there additions, alterations, or conversions to the property that were performed without required permits?

Occupancy, Leases, and Rentals

Is the property occupied by tenants or subject to a lease?

Seller's Additional Disclosures and Material Facts

Seller must disclose known material facts that would affect the value or desirability of the property to an FHA-insured borrower. Provide full disclosure below.

Buyer Acknowledgement

Buyer acknowledges receipt of the disclosures provided above and understands that under FHA requirements the lender and appraiser may require repairs, further inspection, or other conditions prior to loan approval and closing. Buyer acknowledges that the information provided by Seller is true to the Seller's knowledge.

Seller Certification

Seller certifies, under penalty of perjury, that the foregoing statements and disclosures are true and complete to the best of Seller's knowledge as of the date of signature below. Seller further certifies that Seller has disclosed all known material defects and conditions that may affect habitability, safety, or marketability of the property.

Seller further authorizes Seller's agent and Seller's lender to provide these disclosures to any party involved in the purchase, sale, financing, or underwriting of this transaction as required for FHA loan processing.

Remedies, Governing Law, and Entire Agreement

This disclosure statement is part of the purchase agreement and may be relied upon by the Buyer, Seller, appraiser, lender, and their respective agents. Any failure to disclose known material facts may constitute a breach of contract and give rise to legal remedies including rescission, damages, or indemnification. This document is governed by the laws of the state in which the property is located.

This Disclosure, together with any attached addenda, constitutes the entire written disclosure by Seller concerning the Property and supersedes all prior oral or written statements on the same subject.

Seller:

By:

Date:

Buyer:

By:

Date:

Enter text✕

What FHA Real Estate Disclosures Are and when they apply

FHA Real Estate Disclosures are property disclosure documents used in transactions involving Federal Housing Administration (FHA) insured loans. They inform borrowers and lenders about known property conditions, repairs, lead-based paint, and material facts that affect habitability or resale. Lenders require disclosures to assess risk and to ensure compliance with FHA appraisal and safety standards. Disclosures commonly accompany purchase agreements, loan applications, or seller property condition reports and may integrate state-specific statutory disclosure forms. Accurate disclosure supports underwriting and protects both buyer and lender by documenting known defects and remediation history.

Why accurate FHA disclosures matter in loan and closing workflows

Using FHA Real Estate Disclosures clarifies property condition, reduces underwriting delays, and helps meet FHA program requirements. Clear disclosures limit post-closing disputes by creating an evidentiary record of known defects and remediation, which helps lenders evaluate property insurability and buyers understand repair liabilities.

Why accurate FHA disclosures matter in loan and closing workflows

Who prepares and relies on FHA Real Estate Disclosures

Lenders, sellers, buyers, real estate agents, and closing attorneys routinely prepare or review these disclosures for FHA-insured purchases.

  • Lenders: verify disclosures for FHA underwriting, identify health and safety issues that affect insurability.
  • Sellers: complete truthful disclosure to avoid post-closing liability and to facilitate financing.
  • Agents: collect, review, and provide disclosure forms; advise clients on state-specific obligations.

Smaller stakeholders include appraisers, mortgage insurers, and local code inspectors who may rely on disclosed conditions during appraisal and approval.

Key sections to include in a professional FHA Real Estate Disclosure

Core sections of an FHA Real Estate Disclosure define property defects, safety hazards, previous repairs, lead information, environmental concerns, and seller acknowledgements required by lenders and appraisers.

Property Condition

List known structural defects, water intrusion, roof or foundation issues, pest damage, and any deferred maintenance that materially affects habitability or value; include dates and extent of repairs.

Safety Hazards

Disclose presence of mold, asbestos, radon, faulty wiring, noncompliant heating systems, or other hazards that could pose immediate health or safety risks to occupants.

Lead-Based Paint

Provide lead-based paint disclosures for homes built before 1978, including reports, inspection results, and seller statements per federal requirements when applicable, and copies of any mitigation or abatement work performed.

Repairs & History

Document dates, contractors, warranties, permits pulled, and cost estimates for major repairs or renovations; attach invoices or contractor statements where available and note whether work was permitted and inspected by local authorities.

Environmental

Note proximity to flood zones, wetlands, underground tanks, contaminated sites, and any prior environmental assessments or remediation actions affecting the property, and include FEMA flood zone designation if known.

Seller Acknowledgment

Signed statements indicating seller's knowledge, disclosure completion date, contact information, and any reservations or exceptions to the representations made in the disclosure, plus notation of any attached supporting documents and signatures of listing agent if required.

Step-by-step: preparing and delivering an FHA Real Estate Disclosure

Follow these steps to complete an FHA Real Estate Disclosure from preparation through delivery to the lender and buyer.

  • 01
    Gather Information: Collect repair records, inspection reports, and permit documentation.
  • 02
    Complete Form: Enter details clearly, use MM/DD/YYYY, avoid abbreviations.
  • 03
    Review & Sign: Seller and agent review, then sign and date.
  • 04
    Deliver Copies: Provide signed copies to lender, buyer, and closing attorney.

How e‑workflows streamline FHA disclosure routing

Electronic workflows let you prepare, route, and submit FHA Real Estate Disclosures securely to stakeholders and lenders.

  • Upload Document: Start with the disclosure template in PDF or DOCX.
  • Place Fields: Add signature, date, and conditional fields for disclosures.
  • Authenticate Signers: Use email, SMS code, or KBA required by lender.
  • Finalize: Capture audit trail, generate certificate, and distribute copies.

Recommended eSignature workflow settings for FHA disclosures

Configure an eSignature workflow to collect disclosures, enforce signer order, and attach supporting documents for lender review.

Field Configuration
Signer Order Seller → Buyer → Agent → Lender
Required Fields Signature, date, initials, attachments allowed
Authentication Email + optional SMS code or KBA
Retention Store PDF/A with audit trail for lender records

Platform capabilities to support FHA disclosure processing

Use platforms that support PDF, DOCX, RON, and secure e-signature workflows for FHA disclosure processing.

  • File Formats: PDF, DOCX, and Excel supported
  • Integrations: Works with Salesforce, MS 365, NetSuite
  • Authentication Options: Email, SMS, KBA, RON available

Practical best practices to reduce risk and speed approvals

Adopt clear workflows and consistent templates to improve disclosure accuracy and reduce lender review cycles and closing delays.

Use a standardized disclosure template
Create a single, state-adjusted template that includes conditional fields, lead-based paint statements for pre-1978 properties, and clear instructions. Standardization reduces errors, speeds lender review, and ensures consistent documentation for audit or dispute resolution during underwriting and closing.
Attach supporting repair and permit documents
Include invoices, contractor statements, permit numbers, and inspection certificates for any disclosed repairs. Attaching evidence upfront reduces lender questions, speeds appraisal sign-off, and provides objective support if a post-closing issue arises, lowering legal and remediation costs.
Confirm signer identity and e-authentication methods
Verify signers with acceptable methods (email, SMS, knowledge-based authentication, or RON when permitted). Record authentication steps in the audit trail and retain evidence to satisfy ESIGN and lender requirements for signer intent and attribution in case of challenge.
Coordinate with the lender early in the process
Engage the FHA lender during offer stage to confirm required disclosure components and any program-specific language. Early coordination prevents rework, aligns appraisal and repair expectations, and ensures the disclosure meets underwriting standards, reducing the risk of delayed closings or loan denial.

Security and compliance essentials for disclosure handling

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II, ISO 27001, PCI DSS
HIPAA: BAA available for protected health information
eSignature Law: Compliant with ESIGN and UETA
Audit Trail: Tamper-evident logs: timestamps, IP, events
Accessibility: WCAG 2.0 Level AA support

Consequences of incomplete or inaccurate disclosures

Loan Denial: Appraisal or underwriting rejection
Closing Delays: Extended closing timelines and costs
Post-Closing Liability: Seller litigation risk for nondisclosure
FHA Compliance: Failure may affect mortgage insurance
State Penalties: Fines or rescission under state law
Tax Consequences: Incorrect TIN triggers backup withholding

Timing checkpoints for disclosure delivery and review

Key timing points for FHA Real Estate Disclosures relate to contract execution, appraisal, underwriting, and closing; follow lender and state-specific timing requirements.

At Offer or Listing:

Provide disclosure when buyer makes an offer or upon listing, as required by state law.

Before Appraisal Scheduling:

Lender typically requires disclosures before ordering FHA appraisal to confirm property condition.

Prior to Final Underwriting:

All disclosures must be complete before final loan approval by underwriter.

Within State Deadlines:

Certain states mandate earlier delivery or specific timing; follow local statutes.

Record Retention Start Date:

Retention clocks begin at execution or closing depending on document type.

eSignature providers: baseline pricing and feature comparison

Compare baseline eSignature features and pricing when selecting software to manage FHA Real Estate Disclosures, emphasizing audit trails, HIPAA compliance, and envelope limits.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common questions about FHA Real Estate Disclosures

Answers to common questions about completing, signing, and submitting FHA Real Estate Disclosures, plus digital signing and retention best practices.


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