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Property Condition Disclosure Statement

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PROPERTY CONDITION DISCLOSURE STATEMENT

Property Identification

Property Address:

Parties

Disclosure Effective Date:

Seller Disclosures (Answer each and provide explanation where indicated)

1. Structural/Foundation:

2. Roof Condition / Leaks:

3. Plumbing (leaks, stacks, sewer lines):

4. Electrical (service, wiring, panels):

5. Heating / Cooling (HVAC):

6. Water Intrusion / Mold / Moisture Issues:

7. Pest or Termite Damage:

8. Sewage / Septic / Well Systems:

9. Floodplain / Flooding / Drainage Problems:

10. Hazardous Materials (lead paint, asbestos, radon, petroleum, chemicals):

11. Additions, Alterations or Repairs (permits obtained?):

12. Insurance Claims or Repairs in the last five (5) years:

Additional Disclosures

Representations, Certifications and Legal Notices

Seller represents that the information set forth in this Property Condition Disclosure Statement is true and correct to the best of Seller's knowledge as of the Disclosure Effective Date stated above. Seller acknowledges that material misrepresentations or omissions may give rise to civil liability and remedies under applicable law, including rescission or damages.

Seller further certifies that Seller has disclosed known material defects, including those known by agents or other persons acting on Seller's behalf. This disclosure does not create an express or implied warranty of condition by Seller. Buyer is advised to obtain inspections and warranties at Buyer's expense. Buyer acknowledges receipt of a copy of this statement by signing below.

Remedies, Indemnity and Governing Law

The parties agree that available remedies for a material misrepresentation by Seller may include rescission, repair at Seller's expense, or damages. Seller agrees to indemnify and hold Buyer harmless from claims arising out of Seller's intentional misrepresentation or material nondisclosure. The parties further agree that this Statement shall be governed by the laws of the state where the property is located and that venue for disputes shall lie in the appropriate state court in that jurisdiction.

This Statement, together with any separate written addenda signed by the parties, constitutes the entire agreement with respect to the disclosures contained herein and supersedes all prior oral statements regarding the condition of the property.

Acknowledgement of Receipt

By signing below, Buyer acknowledges receipt of this Property Condition Disclosure Statement prior to or at the time of entering into a purchase agreement for the property identified above. Buyer acknowledges that such receipt does not waive Buyer's right to further inspections or remedies under applicable law.

Seller Certifications

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

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What the Property Condition Disclosure Statement Is

A Property Condition Disclosure Statement is a written form a seller provides to prospective buyers describing known defects, material facts, and the condition of a residential property at transfer. It typically covers structural systems, plumbing, electrical, environmental hazards, past repairs, and permit history. The statement helps allocate risk between buyer and seller, supports informed decision-making, and is often required or strongly recommended by state law or local custom prior to completing a sale. Delivery timing, required fields, and form names vary by jurisdiction and transaction type.

Why this disclosure matters for sellers and buyers

The disclosure promotes transparency, reduces post-closing claims, and documents seller knowledge about property condition; it also supports compliance with state consumer-protection rules and can influence contract negotiation and remedies under ESIGN and state law.

Why this disclosure matters for sellers and buyers

Who typically prepares and relies on this statement

Common participants include sellers, listing agents, buyers, and closing attorneys who use the form to record known property issues prior to sale.

  • Real estate agents coordinating disclosures and advising clients during listing and negotiation.
  • Sellers completing factual statements about property condition and prior repairs.
  • Buyers reviewing disclosures to assess inspection scope and contract contingencies.

Proper completion reduces legal exposure and helps buyers plan inspections and financing; keep copies with closing records.

Core sections found on professional disclosure statements

A complete Property Condition Disclosure Statement organizes information into standard sections covering ownership, major systems, environmental hazards, repairs, appliances, and attachments.

Property Details

Property address, legal description, parcel number, and current ownership details; establishes the subject property precisely.

Structural Systems

Statements about roof, foundation, walls, and visible structural defects including dates of known issues and repairs.

Mechanical & Utilities

Information about plumbing, heating, cooling, electrical systems, water sources, sewage, and any functional limitations.

Environmental Hazards

Known presence of asbestos, lead-based paint, radon, mold, or underground storage tanks and any remediation history.

Repairs & Permits

Disclosure of material repairs, whether permits were obtained, and any outstanding code or permit violations.

Attachments & Exhibits

Supporting items such as inspection reports, receipts, contractor invoices, property survey, and permit history.

Essential information fields to include

Seller Name: Full legal name
Property Address: Street, city, state, ZIP
Date of Disclosure: MM/DD/YYYY
Known Defects: Brief list or 'none known'
Repair History: Dates and scope
Lead Paint Notice: If applicable, date and form

How to complete the disclosure — step by step

Follow this sequence to produce a clear, defensible disclosure that aligns with contracts and state rules.

  • 01
    Gather records: Collect permits, repair invoices, and inspection reports before you begin.
  • 02
    Answer accurately: Respond to each question truthfully; 'unknown' is acceptable where appropriate.
  • 03
    Attach evidence: Include supporting documents referenced in answers as exhibits.
  • 04
    Sign and date: Seller must sign, date, and provide contact information for follow-up.

Where to send or file the completed disclosure

Delivery typically occurs during listing or at buyer request; maintain copies for closing and post-closing records.

  • Buyer: Provide a signed copy to the buyer and their agent before offer acceptance where possible.
  • Listing Broker: Retain a copy with listing files to document seller representations.
  • Closing Agent: Include the disclosure in closing package for escrow and title review.
  • Records Retention: Keep a signed copy in transaction records per retention guidance.

Configuring an online disclosure workflow

Set up a digital workflow to collect disclosures, evidence, consent, and signatures reliably.

Document Template Upload a PDF/DOCX template with fillable fields
Recipient Order Sequence seller, listing agent, buyer, and closing agent
Authentication Choose email, SMS code, or stronger ID verification
Notifications Auto-reminders and delivery receipts for each signer
Storage Set retention location and audit-trail export rules

Technical and compliance considerations for e-signing

Confirm the platform supports required legal and technical features before e-signing the disclosure.

  • Audit Trail: Time-stamped IP and action logs for every signer
  • Authentication Options: Email, SMS, KBA, or advanced signer verification available
  • Integrations: Works with MLS, title, and cloud storage integrations

Ensure the provider supports ESIGN/UETA compliance, optional HIPAA BAA if health data appears, secure storage, and exportable audit records.

Common mistakes to avoid when preparing disclosures

  • Incomplete fields or vague answers that create disputes over seller knowledge and intent.
  • Failing to attach inspection reports or repair invoices referenced in the form.
  • Using inconsistent dates or names that differ from the deed or purchase contract.
  • Assuming disclosure isn’t required; state law or contract language may mandate it.

Consequences of an incorrect or omitted disclosure

Contract Rescission: Buyer may rescind transaction
Damages Claim: Monetary liability for concealment
Statutory Penalties: State consumer-protection fines possible
Title Issues: Insurance disputes or coverage denial
Tax Exposure: Incorrect disclosures can affect cost basis
Fraud Allegations: Criminal charges in intentional concealment cases

Real-world examples of disclosures in practice

How professionals use clear disclosures to streamline closings and reduce follow-up disputes.

Martin Properties

Tim Martin found a digital workflow reduced turnaround time.

  • Using online disclosures and audit trails simplified buyer review.
  • He reports faster processing, consistent documentation across deals, and fewer post-closing inquiries when supporting documents are attached and retained.

Optica Ventures

Brian Fitzgibbons uses standard templates for consistency.

  • Pre-filled fields and attachments ensure uniform responses.
  • The consistent format helps agents compare properties quickly and reduces time spent clarifying seller responses during negotiation.

Timing expectations and typical deadlines

While statutes vary, practical deadlines affect contingencies, inspections, and closing schedules.

Before Offer Acceptance:

Provide disclosure at listing or upon buyer request; early delivery prevents surprise issues.

Inspection Contingency Window:

Buyers review disclosures and order inspections within agreed contingency period.

Contract Execution:

Disclosures should be attached or referenced in the purchase contract upon signing.

Closing Package:

Include signed disclosure with escrow and title documents for recordkeeping.

Post-Closing Claims Window:

Statute of limitations varies; retain records accordingly to defend claims.

How the Disclosure differs from related documents

Compare the Property Condition Disclosure Statement with similar forms to choose the right document for your transaction.

Document Type Common Use Typical Level of Detail
Property Condition Disclosure transfer notice moderate—material defects
Seller Questionnaire agent use high—detailed yes/no inventory
Lead Paint Addendum federal/older homes narrow—lead-specific info
Inspection Report buyer ordered technical—inspector findings

eSignature vendor comparison for disclosure workflows

Compare basic pricing and capability signals for digital signing tools often used to collect Property Condition Disclosure Statements; signNow is listed first per vendor comparison 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, no credit card required 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

Frequently asked questions about Property Condition Disclosures

Answers to common questions about completion, e-signing, notarization, correction, and storage of disclosures.


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