Housing Disclosure Agreement

HOUSING DISCLOSURE AGREEMENT

This Housing Disclosure Agreement (the "Agreement") is entered into as of Effective Date: by and between Disclosing Party: , whose address is , and Recipient: , whose address is . The real property that is the subject of this Agreement (the "Property") is located at: .

RECITALS

WHEREAS, Disclosing Party is the owner or authorized agent of the Property and possesses certain information concerning the physical condition and legal status of the Property; and

WHEREAS, Recipient is considering entering into a transaction or tenancy relating to the Property and requires disclosure of material conditions, hazards, and any known defects that may affect habitability, value, or regulatory compliance; and

WHEREAS, the parties intend to record the disclosures known to Disclosing Party in order to allocate risk, permit Recipient to investigate, and provide a basis for any remedies for material misrepresentation.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below:

"Material Defect" means a physical condition of the Property that would have a significant adverse impact on the value, habitability, or safety of the Property, or that poses a significant health or safety risk to occupants.

2. DISCLOSURES

Disclosing Party states, to the best of its knowledge after reasonable inquiry, the following known conditions affecting the Property. Each item checked indicates a known condition that is described in the accompanying detail fields.

Disclosing Party has attached or provided the following documents (check all that apply):

Independent inspection report

Repair invoices or warranties

Environmental assessment or testing results

3. REPRESENTATIONS AND WARRANTIES OF DISCLOSING PARTY

Disclosing Party represents and warrants to Recipient that: (a) the disclosures set forth in Section 2 reflect all Material Defects and other material conditions known to Disclosing Party as of the Effective Date; (b) to the best of Disclosing Party's knowledge, no other conditions exist that would materially and adversely affect the use, habitability, or legal compliance of the Property that have not been disclosed; and (c) Disclosing Party has the authority to provide the disclosures and make the representations contained herein.

EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE DISCLOSURES ARE PROVIDED WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTY IS EXPRESSLY STATED IN A SEPARATE WRITING SIGNED BY DISCLOSING PARTY.

4. ACKNOWLEDGMENTS AND OBLIGATIONS OF RECIPIENT

Recipient acknowledges receipt of the disclosures set forth in this Agreement and the opportunity to inspect the Property, retain experts, and obtain independent testing and reports. Recipient's decision to proceed with any transaction or tenancy relating to the Property is based on Recipient's own investigation and not solely on these disclosures.

5. LIMITATIONS OF LIABILITY; DAMAGE CAP

Except in the case of intentional misrepresentation or fraud, Disclosing Party's liability for any claim arising out of or relating to the accuracy or completeness of the disclosures shall be limited to actual direct damages proven by Recipient, and in no event shall such liability exceed the amount set forth below. CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, AND PUNITIVE DAMAGES ARE WAIVED TO THE EXTENT PERMITTED BY LAW.

6. INDEMNIFICATION

Disclosing Party shall indemnify, defend and hold harmless Recipient from and against any third-party claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising from Disclosing Party's intentional misrepresentation or fraudulent concealment of a Material Defect. Recipient shall promptly notify Disclosing Party of any claim for which indemnity is sought and shall cooperate in the defense of such claim.

7. NOTICES

All notices, demands, or other communications required or permitted hereunder shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as either party may designate by written notice delivered in accordance with this Section.

8. AMENDMENTS; WAIVER

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right, nor shall a single or partial exercise of any right preclude any other or further exercise of that right.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to rules governing choice of law.

10. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

12. CERTIFICATION

Disclosing Party certifies under penalty of perjury that the disclosures made in this Agreement are true and correct to the best of Disclosing Party's knowledge as of the Effective Date. Recipient acknowledges receipt of the disclosures and understands the limitations and remedies set forth in this Agreement.

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