Is a Hazard Disclosure legally required?

It depends on the jurisdiction and transaction type. Many states require specific seller disclosures for residential transfers; others rely on buyer due diligence. Confirm with the state real estate statute or commission before closing.

Can the disclosure be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws, provided intent, consent, attribution, and retention requirements are met.

What happens if a disclosure is incorrect or omitted?

Buyers may pursue damages, rescission, or other remedies depending on state law and the nature of the misrepresentation. Errors increase exposure to claims and may affect insurance and title transfer.

Do I need a notary or witnesses?

Not typically for a basic disclosure, but some jurisdictions or lenders may require notarization or witnesses. Check state rules; when in doubt a notarized copy provides stronger evidentiary weight.

How long should I keep executed disclosures?

Retain disclosures for transaction lifecycle plus several years. Follow applicable federal and state retention rules; if health information is included, HIPAA requires six years (45 CFR §164.530(j)).

Who should sign the disclosure?

The owner(s) of record or authorized signatory for an entity should sign. If an agent or attorney prepares the form, include preparer identification and authority; corporate signers should state title.

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Hazard Disclosure

Hazard Disclosure

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California Natural Hazard Disclosure Statement

This statement applies to the following property:

The transferor and his or her agent(s) or a third-party consultant disclose the following information with the knowledge that even though this is not a warranty, prospective transferees may rely on this information in deciding whether and on what terms to purchase the subject property.

Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

The following are representations made by the transferor and his or her agent(s) based on their knowledge and maps drawn by the state and federal governments. This information is a disclosure and is not intended to be part of any contract between the transferee and transferor.

THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):

1. A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V") designated by the Federal Emergency Management Agency.

Yes No

Do not know and information not available from local jurisdiction

2. AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589.5 Gov’t of the Government Code.

Yes No

Do not know and information not available from local jurisdiction

3. A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code. The owner of this property is subject to the maintenance requirements of Section 51182 of the Government Code.

Yes No

4. A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS pursuant to Section 4125 of the Public Resources Code. The owner of this property is subject to the maintenance requirements of Section 4291 of the Public Resources Code. Additionally, it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code.

Yes No

5. AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code.

Yes No

6. A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code.

Yes (Landslide Zone) Yes (Liquefaction Zone) No

Map not yet released by state

7. AIRPORT INFLUENCE AREA: An expert shall determine whether the property is within an airport influence area as defined in subdivision (b) of Section 11010 Bus. & Prof. of the Business and Professions Code.

Property is NOT in an Airport Influence Area Property IS in an Airport Influence Area, and the following statement applies:

NOTICE OF AIRPORT IN VICINITY:

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

* * *

THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY, TO OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.

THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST. THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER. TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.

Transferor represents that the information herein is true and correct to the best of the transferor's knowledge as of the date signed by the transferor.

Signature of Transferor(s)

Date

Signature of Transferor(s)

Date

Agent(s)

Date

Agent(s)

Date

Check only one of the following:

Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s).

Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third-party report provider as required in Civil Code Section 1103.7, and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third-party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103.4. Neither transferor(s) nor their agent(s)(1) has independently verified the information contained in this statement and report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement. This statement was prepared by the provider below:

Third-Party Disclosure Provider(s)

Date

Transferee represents that he or she has read and understands this document. Pursuant to Civil Code Section 1103.8, the representations made in this Natural Hazard Disclosure Statement do not constitute all of the transferor's or agent's disclosure obligations in this transaction.

Signature of Transferee(s)

Date

Signature of Transferee(s)

Date

What the Hazard Disclosure Is and When it Applies

A Hazard Disclosure is a written statement that identifies known physical, environmental, or regulatory hazards associated with a specific property, site, or project. Used most often in real estate transactions, it informs prospective buyers or transferees about conditions such as flood zones, seismic risk, toxic substances, pest infestations, or other material risks that could affect health, safety, or property value. The document may be required by state law or custom, and it forms part of pre-contract due diligence; electronic delivery and signature are generally permitted under federal ESIGN law (15 U.S.C. §7001) and state UETA statutes.

Why a Clear Hazard Disclosure Matters

A complete Hazard Disclosure reduces legal and financial risk by documenting what the seller knew and told the buyer, supports informed consent, and helps satisfy state disclosure obligations. Proper execution and retention also produce an evidentiary record should disputes arise.

Typical parties involved with a Hazard Disclosure

Each party’s role varies by state; professionals should confirm local requirements before relying on a single form.

Sellers and owners preparing a property sale or transfer, who must disclose known hazards and answer specific statutory questions.
Buyers and their agents or inspectors reviewing the disclosed conditions to assess risk, insurance needs, and negotiating positions.
Real estate agents, brokers, escrow officers, and closing attorneys who collect, verify, and store the completed disclosure.

Core elements included in a professional Hazard Disclosure

A practical Hazard Disclosure organizes facts, seller statements, and supporting records so recipients can quickly assess risk and document consent.

Property ID

Street address and legal description, tax parcel number, and any unit or lot identifiers so the disclosure unambiguously applies to the asset being transferred.

Known Hazards

A clear list of specific hazards (flood, seismic, radon, lead, asbestos, contaminated soil) with brief descriptions and dates of discovery where available.

Source Documentation

Attach inspection reports, prior disclosure forms, municipal notices, maps, or remediation records that substantiate statements made in the disclosure.

Seller Statement

A signed seller declaration describing what was known, what investigations were performed, and any ongoing remediation or monitoring activities.

Buyer Acknowledgment

A space for the buyer to acknowledge receipt, ask questions, and confirm review before executing a purchase agreement or proceeding with closing.

Signatures

Dated signature blocks for sellers, buyers, and preparers; include witness or notary areas when required by local law or for added evidentiary weight.

Essential fields to include on the Hazard Disclosure

Property Address: Street, city, state, ZIP

Seller Name: Full legal name

Buyer Name: Full legal name

Hazard Types Listed: Flood, seismic, toxin, pest, etc.

Date of Disclosure: MM/DD/YYYY format

Signatures & Dates: Signed and dated by parties

Step-by-step: preparing and delivering a Hazard Disclosure

Follow these sequential actions to prepare, share, and record a Hazard Disclosure correctly.

01

Prepare form: Gather property details and supporting reports.
02

Complete fields: Populate required entries and attach evidence.
03

Provide to buyer: Deliver prior to offer acceptance or per state timing.
04

Sign and retain: Collect signatures, store executed copy securely.

Typical electronic delivery and signing workflow

Electronic handling streamlines distribution while preserving an audit trail required for legal validity.

Upload document: Add the disclosure and any attachments in PDF or DOCX format.
Place fields: Add signature, date, and initial fields for each party.
Authenticate signer: Use email, SMS, or stronger verification per local requirements.
Record audit trail: Capture timestamps, IP addresses, and completion certificates.

Common digital workflow settings for e-delivery

Configure these workflow settings to match legal requirements and reduce signer friction.

Field	Configuration
Authentication Method	Email link, SMS code, or knowledge-based verification
Notification Settings	Automatic reminders and delivery receipts enabled
Conditional Fields	Show additional questions when hazards are indicated
File Format	PDF preferred for preservation and audit

Technical considerations for electronic submission and storage

Ensure the selected platform can produce a tamper-evident signed record and meet any industry-specific compliance such as HIPAA BAA requirements when health-related hazards are involved.

File formats: PDF, DOCX and flattened PDF/A are supported
Integrations: Common connectors include Salesforce, NetSuite, Google Workspace
Security: TLS in transit and AES-256 at rest

Typical timing and when to provide the disclosure

Timing expectations vary by state and transaction type; follow local practice and any statutory notice periods.

When listed:

Provide disclosure at or before listing in many jurisdictions

Before contract:

Deliver prior to or concurrently with the purchase agreement

During escrow:

Escrow officers often require executed disclosure for file completion

Pre-closing:

Address unresolved hazards before closing if contractually required

Upon request:

Supply earlier disclosures if a buyer or lender requests them

Common preparation mistakes to avoid

Incomplete property identifiers that leave uncertainty about which parcel the disclosure covers and cause recording or title issues.
Vague hazard descriptions that rely on terms like 'may be' rather than clear facts and dates of discovery or remediation.
Failing to attach supporting reports such as inspection or remediation records, which undermines the disclosure’s evidentiary value.
Using informal initials or unsigned fields instead of full dated signatures, which can weaken the document in disputes.

Consequences of an inaccurate or omitted Hazard Disclosure

Civil liability: Buyer claims for nondisclosure or fraud

Contract rescission: Buyer may seek to unwind the transaction

Financial penalties: Statutory fines or damages in some jurisdictions

Insurance impact: Coverage denials or increased premiums

Title complications: Claims may cloud title or delay closing

Reputational harm: Agent or seller exposure in public listings

eSignature provider comparison for executing Hazard Disclosures

Compare key pricing and capability points when selecting an eSignature provider for secure delivery, audit trail capture, and compliance features.

	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	Yes	Yes	Yes	Yes
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 Hazard Disclosures

Answers to common legal and procedural questions when preparing, sending, or storing a Hazard Disclosure.

Need help? Contact support

Is a Hazard Disclosure legally required?
It depends on the jurisdiction and transaction type. Many states require specific seller disclosures for residential transfers; others rely on buyer due diligence. Confirm with the state real estate statute or commission before closing.
Can the disclosure be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws, provided intent, consent, attribution, and retention requirements are met.
What happens if a disclosure is incorrect or omitted?
Buyers may pursue damages, rescission, or other remedies depending on state law and the nature of the misrepresentation. Errors increase exposure to claims and may affect insurance and title transfer.
Do I need a notary or witnesses?
Not typically for a basic disclosure, but some jurisdictions or lenders may require notarization or witnesses. Check state rules; when in doubt a notarized copy provides stronger evidentiary weight.
How long should I keep executed disclosures?
Retain disclosures for transaction lifecycle plus several years. Follow applicable federal and state retention rules; if health information is included, HIPAA requires six years (45 CFR §164.530(j)).
Who should sign the disclosure?
The owner(s) of record or authorized signatory for an entity should sign. If an agent or attorney prepares the form, include preparer identification and authority; corporate signers should state title.

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