Are electronically signed disclosures legally valid?

Yes. Electronic signatures generally have the same legal effect as handwritten signatures under the ESIGN Act and state e-signature laws such as UETA; ensure intent, consent, attribution, and reproducible records are present.

When is notarization required?

Notarization is required for many conveyance-related documents such as deeds in most states; pre-contractual disclosures themselves often do not require notarization but check local deed and witness rules.

How do I correct an error after sending?

Retract or void the original packet if supported, correct the fields, and resend a new package with an audit trail showing the corrected version; retain both versions for records.

Who must sign the disclosures?

The party whose knowledge is at issue typically signs (seller/landlord) and the buyer or tenant should acknowledge receipt; agents and attorneys sign only where they have actual authority or attestations.

Do I need witnesses for these disclosures?

Witness requirements depend on the instrument type and state law; deeds commonly have specific witness counts in some states, while ordinary disclosures rarely require witnesses.

How long must I keep signed disclosures?

Retention periods vary: follow federal standards where applicable (e.g., IRS three-year rule) and industry rules such as six years for HIPAA-covered records; confirm state-specific longer requirements before disposal.

Electronic Signature
Templates
Real estate
Pre-contractual Information for Real Estate

Pre-contractual Information for Real Estate

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

PRE-CONTRACTUAL INFORMATION FOR REAL ESTATE

This Pre-Contractual Information for Real Estate (the "Disclosure") sets forth material terms, disclosures and conditions known to the parties prior to execution of any binding purchase agreement. The information provided herein is furnished in good faith to facilitate negotiation. This Disclosure is not the purchase agreement and does not create an obligation to consummate a transaction except as expressly set forth in a subsequently executed purchase contract.

PARTIES

Seller Name Seller Contact Information Buyer Name Buyer Contact Information

PROPERTY IDENTIFICATION

Property Address:

Parcel / APN Number Legal Description

SUMMARY OF MATERIAL TERMS

Purchase Price: Earnest Money Amount:

Earnest Money Deposit Due By: Closing Date (anticipated): Possession Date:

Financing Contingency Period (days): Inspection Period (days): Appraisal Contingency:

Allocation of Closing Costs

DISCLOSURES

Lead-Based Paint (if property built before 1978): Yes No

If Yes, provide details

Known Material Defects: Yes No

If Yes, describe known defects and any repairs completed or planned

Prior Structural Damage or Major Repairs (e.g., fire, flood, foundation): Yes No

If Yes, provide description and dates

Flood Zone / Special Hazard Area: Yes No

If Yes, identify flood zone and insurance requirements

Homeowners Association (HOA) or Covenants: Yes No

If Yes, provide HOA name, contact and dues information

CONTINGENCIES AND REMEDIES

Inspection Contingency: Buyer shall have the inspection_period_days of receipt of a fully executed purchase agreement to complete inspections and deliver written notice of unsatisfactory conditions. Seller shall permit reasonable access for inspections. If Buyer objects and parties cannot agree on remediation within the period, Buyer may terminate and receive return of earnest money in accordance with the purchase agreement.

Financing Contingency: If financing contingency is included, Buyer must deliver lender pre-approval and proceed in good faith to obtain loan approval within the financing contingency period. Failure to obtain financing within the contingency permits termination as set forth in the eventual purchase agreement.

Title and Survey: Seller shall deliver marketable title free of undisclosed liens and encumbrances at closing. Any title exceptions disclosed prior to contract formation that materially impair Buyer’s intended use shall be resolved or may be grounds for termination under the purchase agreement.

Remedies: Except as expressly set forth in a subsequent purchase agreement, the parties’ remedies for breach shall be limited to those provided in that agreement. This Disclosure does not itself provide monetary damages or transfer property.

TAXES, ASSESSMENTS, UTILITIES AND INSURANCE

Real Property Taxes / Assessments Utilities and Responsibility Prior to Closing Insurance Requirements (if any preliminary requirement)

REPRESENTATIONS AND CERTIFICATIONS

Seller represents, to Seller’s knowledge, that the information provided in this Disclosure is true and correct as of the date signed below. Seller certifies that Seller has disclosed all material facts known to Seller that would reasonably affect Buyer’s decision to enter into a purchase agreement.

Buyer acknowledges receipt of this Pre-Contractual Information and acknowledges that Buyer has had the opportunity to ask questions and obtain independent inspections and advice prior to signing any binding agreement.

GOVERNING LAW; ENTIRE AGREEMENT

This Disclosure shall be governed by the substantive laws of the state in which the Property is located. Except for a subsequently executed purchase agreement, this Disclosure sets forth material pre-contractual information; it does not constitute the entire agreement between the parties concerning the purchase and sale of the Property and is not intended to supplant any formal purchase agreement.

ADDITIONAL TERMS / NOTICES

Additional Terms, Conditions, or Notices

Deadline for Acceptance of Terms Stated Herein:

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Pre-contractual Information for Real Estate Is

Pre-contractual Information for Real Estate is the set of disclosures and factual statements provided to a prospective buyer, tenant, or counterparty before execution of a purchase agreement, lease, or similar contract. It typically covers property identity, current ownership, material defects, encumbrances, zoning status, outstanding assessments, and any statutorily required consumer notices. The package may include inspection reports, lead-based paint disclosures for pre-1978 dwellings, and financial terms or estimated closing costs presented in clear, reproducible form for review and retention.

Why Pre-contractual Information Matters

Accurate pre-contractual disclosures reduce legal risk, set buyer expectations, and support enforceability of later agreements under ESIGN and state electronic transaction laws. They improve negotiation transparency and can shorten due-diligence timelines when provided in complete, legible form before signature.

Who typically prepares and reviews these disclosures

The following roles most commonly prepare, review, or rely on pre-contractual information in real estate transactions.

Listing agents and brokers preparing statutory and voluntary disclosures for prospective buyers or tenants.
Buyers, lessees, and their representatives reviewing material facts and inspecting supporting documents before commitment.
Title companies, closing attorneys, and lenders who verify encumbrances, taxes, and legal descriptions prior to closing.

Understanding each role helps determine who should complete specific fields and who must receive copies before signing.

Typical signers and responsibilities

Listing Agent

The listing agent completes property condition disclosures, ensures required statutory notices are attached, and provides accurate contact information; they do not substitute for seller knowledge but must present seller-provided facts consistently.

Buyer/Lessee

The buyer or lessee reviews disclosures, confirms receipt, and may request remedies; their acceptance or objection often triggers negotiation or inspection contingencies documented in the pre-contractual exchange.

Required data fields typically included

Property Address: Full street address

Parcel Identifier: APN or tax ID

Seller/Landlord Name: Legal entity name

Material Defects: Known issues summary

Encumbrances: Mortgages, liens

Required Notices: Lead, flood, other

Key risks and consequences of incomplete disclosures

Contract Rescission: Possible

Monetary Damages: Buyer claims

Regulatory Fines: State penalties

Title Delays: Closing postponed

Increased Liability: Seller exposure

Reputational Harm: Broker risk

Common preparation mistakes to avoid

Using inconsistent names between disclosure and closing documents, which can trigger title company inquiries and delay the transaction.
Failing to attach required statutory notices such as lead-based paint information for properties built before 1978 when applicable.
Submitting scanned, unreadable pages or incomplete inspection reports that render the disclosure package unusable for lenders or buyers.
Overlooking jurisdictional differences in witness or notarization requirements that later require corrective execution or re-notarization.

Step-by-step: Completing the pre-contractual disclosure package

Follow this ordered checklist to prepare a complete, consistent pre-contractual disclosure package before sending for signature.

01

Gather documents: Collect title info, inspection reports, and statutory notices.
02

Complete fields: Enter owner, property, and encumbrance details accurately.
03

Attach exhibits: Include photos, maps, and PDFs for supporting evidence.
04

Review and send: Confirm accuracy, then distribute to signers and stakeholders.

Where the pre-contractual information goes in a transaction

Pre-contractual materials move through defined recipients and checkpoints; routing sequence preserves auditability and acceptance timestamps.

Seller to Agent: Seller provides disclosures and related documents to listing broker.
Agent to Buyer: Agent delivers disclosures to prospective buyers before offers.
Buyer Review: Buyer inspects and raises questions or objection items.
Title/Lender: Title company and lender verify encumbrance and legal descriptions.

Core components of a professional pre-contractual information packet

A complete packet is structured, titled, and indexed so recipients can locate statutory notices, inspection results, and legal descriptions quickly.

Executive Summary

A brief cover page listing parties, property address, transaction type, and attachments so reviewers immediately determine relevance and next steps.

Property Facts

Standardized fields for APN, legal description, lot size, zoning classification, and assessed value formatted consistently for title and lender review.

Condition Disclosures

Seller-provided statements about known material defects, structural issues, environmental hazards, and any repairs completed or pending as of the effective date.

Statutory Notices

State- and federal-required notices such as lead-based paint disclosure, floodplain statements, and local mandated consumer warnings properly dated and signed.

Supporting Reports

Inspection reports, HOA documents, survey plats, and title pre-commitment excerpts that substantiate statements in the package and reduce later disputes.

Signature & Audit Trail

Designated signature blocks, signer authentication notes, timestamps, and a delivery record to document who received, opened, and executed the disclosures.

Configuring an online workflow for pre-contractual disclosures

Map the online workflow to your transaction stages and select authentication, attachments, and routing options accordingly.

Field	Configuration
Signer Authentication	Email link by default; SMS or ID verification for higher assurance.
Attachment Handling	Require PDFs for reports; enable inline previews for signers.
Order of Signing	Specify sequential or parallel signing to match negotiation flow.
Notifications	Enable reminders and delivery receipts for all recipients.

Technical requirements for digital completion and distribution

Ensure the platform supports required file types, secure authentication, and an auditable completion record before sending pre-contractual information.

File Formats: PDF, DOCX accepted
Authentication: Email, SMS, KBA options
Integrations: CRM and title system links

Confirm retention, encryption, and export capabilities so signed packages can be saved to title files and lender systems without losing metadata.

Typical timelines and time-sensitive handoffs

Certain disclosures are time-sensitive; provide them early enough to allow inspection, negotiation, and lender review before contract deadlines.

Pre-signing Delivery:

Disclosures should be given to buyers before offer acceptance when statutorily required.

Response Window:

Buyers typically have a due-diligence period defined in the contract to object or request repairs.

Lender Review:

Provide title and encumbrance materials early to avoid underwriting delays.

Correction Timeframe:

Allow time for corrected disclosures if errors are discovered before closing.

Record Retention:

Store signed disclosures per regulatory retention timelines after closing.

Real-world examples: how teams use pre-contractual disclosures

These short cases illustrate practical outcomes when disclosures are prepared and shared electronically in real estate workflows.

Martin Properties — Streamlined Closings

A mid-sized brokerage digitized disclosure packets to reduce turnaround and administrative overhead.

The process centralizes documents and audit trails for each property.
As a result, the brokerage reported faster execution, fewer follow-up queries from buyers, and improved consistency across listings while preserving required statutory notices in every packet.

Optica Ventures — Remote Transactions

A property investor portfolio used electronic disclosure delivery to manage remote closings and investor approvals.

Centralized records made investor review faster.
The team observed measurable reductions in courier costs and travel, while maintaining a clear, timestamped audit trail that supported lender requirements and expedited settlement for out-of-state purchases.

Representative eSignature pricing and feature availability

Comparison of common pricing points and essential features across leading eSignature vendors; signNow is shown first per platform labeling rules.

	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
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about pre-contractual disclosures

Answers to common questions about legal validity, notarization, corrections, and retention when preparing pre-contractual information.

Need help? Contact support

Are electronically signed disclosures legally valid?
Yes. Electronic signatures generally have the same legal effect as handwritten signatures under the ESIGN Act and state e-signature laws such as UETA; ensure intent, consent, attribution, and reproducible records are present.
When is notarization required?
Notarization is required for many conveyance-related documents such as deeds in most states; pre-contractual disclosures themselves often do not require notarization but check local deed and witness rules.
How do I correct an error after sending?
Retract or void the original packet if supported, correct the fields, and resend a new package with an audit trail showing the corrected version; retain both versions for records.
Who must sign the disclosures?
The party whose knowledge is at issue typically signs (seller/landlord) and the buyer or tenant should acknowledge receipt; agents and attorneys sign only where they have actual authority or attestations.
Do I need witnesses for these disclosures?
Witness requirements depend on the instrument type and state law; deeds commonly have specific witness counts in some states, while ordinary disclosures rarely require witnesses.
How long must I keep signed disclosures?
Retention periods vary: follow federal standards where applicable (e.g., IRS three-year rule) and industry rules such as six years for HIPAA-covered records; confirm state-specific longer requirements before disposal.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now