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PreHUD Disclosure

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PREHUD DISCLOSURE

This PreHUD Disclosure is a written statement of the known physical, environmental, title and occupancy conditions of the Property and the material facts that Seller is aware of as of the Effective Date. Seller makes the representations set forth below to prospective purchasers, brokers, and agents. All capitalized terms used but not defined have the meanings given in this document.

Property Identification

Parties

Transaction Terms

Purchase Price: $    Earnest Money: $

Deposit Holder:

Anticipated Closing Date:

Possession to be delivered on:

Financing Contingency: Yes    No

Disclosures — Known Conditions (Respond Yes or No)

Lead-Based Paint (if structure constructed prior to 1978): Yes    No

Mold or Concealed Water Intrusion: Yes    No

Structural or Foundation Defects: Yes    No

Evidence of Fire Damage or Previous Fire Loss: Yes    No

Termite or Pest Infestation: Yes    No

Asbestos or Suspected Hazardous Building Materials: Yes    No

Property Located in a FEMA Flood Zone or Subject to Regular Flooding: Yes    No

Outstanding Liens, Judgments, or Tax Delinquencies Affecting Title: Yes    No

Occupancy, Tenancy and Compliance

Property is currently: Owner-Occupied    Tenant-Occupied    Vacant

Are there any outstanding building code violations, stop-work orders, or citations? Yes    No

Inspection, Access and Contingencies

Inspection Period (number of days from effective date):

Seller grants reasonable access to the Property for inspection, testing and appraisal during the Inspection Period. Purchaser shall provide prior notice for entry where occupancy exists. Purchaser shall restore the Property and compensate for any damage caused by testing.

Title, Encumbrances and Closing

Seller shall disclose all known title defects, outstanding encumbrances and outstanding assessments. Seller shall provide to Purchaser, prior to Closing, all documents necessary to cure any defects disclosed and to convey marketable title subject only to those exceptions acceptable to Purchaser in writing.

Default; Remedies; Governing Law

If Purchaser defaults, Seller may retain earnest money as liquidated damages, or pursue specific performance or other remedies available at law or in equity. If Seller defaults, Purchaser may elect to terminate and receive return of earnest money, or seek specific performance or damages. The parties agree that appropriate notice and cure periods will be provided under the Purchase Agreement.

This Disclosure and any purchase agreement relating to the Property shall be governed by the laws of the state where the Property is located. This Disclosure constitutes a material representation by Seller and is part of the transactional documents governing the sale.

Seller Certification and Buyer Acknowledgment

Seller certifies under penalty of perjury that the information set forth in this PreHUD Disclosure is true and correct to the best of Seller’s actual knowledge as of the Effective Date. Seller further affirms that Seller has no obligation to repair conditions beyond those agreed to in the Purchase Agreement unless specifically stated herein.

Purchaser acknowledges receipt of this PreHUD Disclosure prior to execution of any purchase agreement and acknowledges that Purchaser has been provided an opportunity to inspect the Property and review all disclosures. Purchaser further acknowledges that certain disclosures are limited to Seller’s actual knowledge and that Purchaser remains responsible for independent verification of conditions.

Effective Date:

Seller Printed Name:

By:

Date:

Purchaser Printed Name:

By:

Date:

Enter text✕

What the PreHUD Disclosure Is and when it’s used

The PreHUD Disclosure is a pre-closing information statement used in residential real estate transactions to disclose material facts, known seller issues, and settlement-related estimates before final settlement. It summarizes items that will appear on the final settlement statement and alert parties to adjustments, third-party charges, or known defects. The form is typically prepared by the seller or listing agent and shared with buyers, lenders, and closing agents so the parties can review figures and identify discrepancies prior to loan funding or signing the final HUD-1 or Closing Disclosure.

Why preparing a clear PreHUD Disclosure matters

A complete PreHUD Disclosure reduces surprises at closing, supports transparent buyer-seller communications, and helps lenders reconcile settlement charges in advance. It can shorten closing timelines and limit post-closing disputes.

Why preparing a clear PreHUD Disclosure matters

Who typically prepares and reviews a PreHUD Disclosure

Multiple stakeholders reviewing the disclosure reduces errors and supports timely funding and settlement.

  • Listing agents or sellers who must disclose property condition and expected closing credits or charges to prospective buyers.
  • Closing agents and title companies who reconcile provisional charges against final settlement statements and coordinate payoffs.
  • Lenders and loan processors who verify estimated closing costs and ensure consistency with the Closing Disclosure and loan documents.

Core sections to include in a professional PreHUD Disclosure

A professional PreHUD Disclosure organizes the transaction data clearly and matches sections found on final settlement documents so reviewers can compare line by line.

Parties

Full legal names of seller, buyer, and closing agent; contact details and roles for each party in the transaction.

Property

Property address, legal description or parcel ID, and any known encumbrances or easements relevant to settlement adjustments.

Estimated Charges

Itemized expected seller debits and credits, escrow payments, prorations, and third-party fees that will appear on final settlement.

Payoffs

Outstanding mortgages, liens, HOA balances, and estimated payoff amounts with creditor names and account references.

Adjustments

Prorations for taxes, utilities, rents, and other items allocated between buyer and seller as of the closing date.

Signatures

Signature blocks for preparer and authorized signers, plus space for dates and any witness or notary information if required.

Essential information fields to capture

Seller name: Full legal name(s)
Buyer name: Full legal name(s)
Property address: Street, city, state, ZIP
Estimated closing date: MM/DD/YYYY
Payoff totals: Principal and fees
Preparer contact: Name, firm, phone

Step-by-step: completing a PreHUD Disclosure

Follow these sequential steps to prepare a usable disclosure that aligns with closing workflows and lender requirements.

  • 01
    Gather documents: Collect contract, payoff statements, HOA ledger, and tax records.
  • 02
    Populate fields: Enter names, amounts, and prorations line by line.
  • 03
    Validate figures: Compare totals to lender and title estimates for consistency.
  • 04
    Share and revise: Distribute draft to stakeholders for review before finalizing.

Configuring an online PreHUD Disclosure workflow

Online workflows reduce rekeying and preserve an audit trail; configure field mapping and signer order before use.

Field mapping Map each form field to settlement line items for easy comparison.
Signer order Set signing sequence: preparer → seller → buyer → closing agent.
Authentication Choose email, SMS code, or stronger ID verification per transaction risk.
Notifications Enable reminders and delivery confirmations for outstanding signers.
Retention settings Configure automatic archival and export formats after signing.

Where to send the PreHUD Disclosure and how it flows

Routing the disclosure to the right parties speeds reconciliation and reduces last-minute corrections at closing.

  • To buyer: Provide draft early for buyer review and lender confirmation.
  • To lender: Send to loan processor to reconcile closing costs and fees.
  • To title/closing agent: Deliver for payoff requests and final settlement preparation.
  • To seller: Obtain seller review and signature on expected net proceeds.

Digital signing and eSubmission considerations

Confirm the selected platform meets any industry or privacy requirements, and configure retention and export settings before sending.

  • File formats: PDF and DOCX recommended
  • Authentication: Email, SMS code, or ID verification
  • Audit trail: Timestamps, IP, and signer history

Timing expectations and common delivery deadlines

Timely preparation and distribution are critical: provide drafts early so lenders and title companies can confirm payoffs and prorations before funding.

Draft delivery:

Provide at least several business days before expected closing.

Lender review:

Allow lender 48–72 hours to reconcile closing costs.

Final verification:

Confirm final numbers 24–48 hours before funding.

Document retention:

Archive signed copy immediately after closing.

Notary window:

Schedule notarization on or just before closing date when required.

Common mistakes to avoid when preparing a PreHUD Disclosure

  • Entering estimated payoffs without current lender statements; stale payoffs cause delays and require reissuance of the disclosure.
  • Using abbreviated names or inconsistent name formats between contract and title documents, which can stall payoff requests and title clearance.
  • Failing to indicate whether line items are debits or credits, producing misunderstandings about seller net proceeds at closing.
  • Not routing the draft to the lender or title company early enough, leaving insufficient time for corrections before funding.

Potential consequences of incorrect or incomplete disclosures

Closing delays: Additional days
Financial loss: Unexpected costs
Title defects: Recording issues
Contract disputes: Claims or escrow holds
Regulatory risk: Compliance scrutiny
Rework costs: Extra administrative fees

eSignature vendor comparison for managing PreHUD Disclosures

This table compares baseline pricing and common feature availability for popular eSignature platforms; signNow appears first per vendor ordering 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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies

Real-world scenarios illustrating PreHUD Disclosure use

Two condensed examples show how a clear disclosure prevents delays and supports closing accuracy.

Residential resale example

A listing agent prepared a PreHUD to itemize seller credits and prorations for taxes and utilities

  • Buyer’s lender used the draft to confirm estimated fees
  • The early review prevented a $2,400 discrepancy at closing and avoided a two-day funding delay.

Bank-owned property example

A closing agent issued a PreHUD for a bank-owned property with multiple liens

  • Lender requested updated payoffs before funding
  • Resolving lien priority early eliminated title exceptions and shortened escrow by three business days.

Frequently asked questions about PreHUD Disclosures

Answers to common procedural and compliance questions to help preparers and reviewers avoid errors and meet stakeholder expectations.


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