Can I sign electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

When is notarization required?

Notarization is required for deeds and some acknowledgements in many states. The disclosure itself often does not require notarization, but deeds and execution affidavits may.

What if I discover a defect after signing?

Promptly disclose the new information in writing to buyers and counsel. Late disclosures can increase exposure to rescission or damages under state disclosure laws.

How long must brokers retain disclosures?

Retention varies; many brokerages keep disclosures for seven years, but IRS and HIPAA rules may require different periods. Follow federal IRC §6501(a) and industry rules where applicable.

Are remote notarizations acceptable?

Remote online notarization is permitted in most states but requirements vary for identity proofing and recording. Verify your state’s RON rules before relying on a remote notary.

What if a buyer claims nondisclosure later?

Preserve the signed disclosure, audit trail, and related attachments; consult counsel. Complete, dated disclosures and documented delivery reduce the likelihood of successful claims.

Electronic Signature
Templates
Real estate
Property Disclosure Explanation

Property Disclosure Explanation

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

PROPERTY DISCLOSURE EXPLANATION

This Property Disclosure Explanation supplements the Seller's disclosure statement and records Seller's representations of known conditions materially affecting the value or habitability of the property. Property Address: Parcel / APN: Disclosure Date:

Parties

Seller Full Legal Name Seller Contact / Mailing Address Buyer Full Legal Name Buyer Contact / Mailing Address

Property Identification

Legal Description (if applicable)

Disclosure Checklist — Indicate Known Conditions and Explain

Seller must check the box that correctly reflects the Seller's actual, current knowledge. If "Yes," provide a concise explanation and identify any known repairs, dates, and contractors if known.

Structural / Foundation

Yes No

Roof / Leaks

Yes No

Water intrusion / Flooding / Drainage

Yes No

Plumbing / Sewage / Septic

Yes No

Electrical / Wiring

Yes No

Heating / Ventilation / Air Conditioning (HVAC)

Yes No

Pests / Termites / Wood-destroying Organisms

Yes No

Known Hazardous Materials (asbestos, urea-formaldehyde, lead, radon, other)

Yes No

Additions / Alterations / Permits

Yes No

Insurance Claims, Prior Damage, Repairs

Yes No

Mold / Fungi / Past Remediation

Yes No

Easements, Encroachments, Homeowners Association (HOA)

Yes No

Lead-Based Paint (for dwellings built before 1978)

Was the dwelling constructed prior to 1978? Yes No

Attachments / Supporting Documents

List any documents provided with or attached to this Disclosure Explanation (inspection reports, permits, receipts, prior disclosure forms, photographs):

Seller Certification

The Seller certifies that to the Seller's actual knowledge the statements set forth in this Property Disclosure Explanation are true and complete as of the date signed below. Seller acknowledges an affirmative duty to disclose material facts actually known to Seller that may affect the value or intended use of the property. Seller understands that intentional misrepresentation or concealment of a material fact may subject Seller to contract remedies and legal liability under applicable law.

Buyer Acknowledgment

The Buyer acknowledges receipt of this Property Disclosure Explanation and any attachments listed above. Buyer understands this document reflects Seller's disclosures of known conditions and does not replace Buyer’s right to investigate, inspect, or obtain independent reports. Buyer further acknowledges the opportunity to ask questions and obtain inspections prior to closing.

General Provisions

Entire Agreement: This Property Disclosure Explanation constitutes the complete and final written disclosure by Seller of the matters described herein and supersedes any prior oral representations by Seller with respect to same. Governing Law: This document shall be governed by the substantive laws of the jurisdiction in which the property is located. Update Obligation: If Seller obtains knowledge of additional material facts between the date of this disclosure and the closing, Seller shall promptly provide an amended disclosure in writing.

Remedies: Buyer and Seller acknowledge that a material misrepresentation or omission in this disclosure may give rise to contractual remedies, indemnification, and other remedies permitted by law, including possible rescission or damages.

Additional Notes

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Property Disclosure Explanation Is

A Property Disclosure Explanation is a written statement provided by a seller or their agent that describes known material facts about a residential property’s condition, defects, improvements, environmental hazards, and other items the seller is legally required or practically expected to disclose. It clarifies which matters are known by the seller, which are unknown, and any representations about appliances, systems, or structural elements that affect value or habitability. The form supports transparent transactions, helps buyers make informed decisions, and creates a documented baseline for negotiations and closing.

Why a Clear Disclosure Explanation Matters

A concise disclosure reduces post-closing disputes, documents seller knowledge, and gives buyers factual context to evaluate condition and negotiate repairs or credits. Proper disclosure aligns with state real estate law and common practice, minimizing legal exposure for sellers and agents while supporting an orderly title and closing process.

Who typically prepares and reviews this document

Parties involved in a transaction use the disclosure at different stages: sellers complete it, agents assist, and buyers review it as part of due diligence.

Sellers — Complete the form to the best of their knowledge and sign before listing the property.
Listing agents — Collect disclosures, advise on completeness, and deliver copies to prospective buyers.
Buyers and inspectors — Use disclosures to focus inspections and compare statements to observed conditions.

Typical signatories and their roles

Seller — Property Owner

The seller signs to attest to known facts and defects and to transfer accurate information to buyers. Signature confirms intent to disclose; inaccurate or omitted information can create post-closing liability under state disclosure statutes.

Listing Agent — Real Estate Professional

The listing agent collects the completed disclosure, advises the seller about legal obligations, and provides the disclosure to buyers and cooperating brokers. The agent documents delivery and retains a copy for brokerage records.

Core parts of a professional Property Disclosure Explanation

A robust disclosure organizes information so buyers and agents can quickly find critical facts about condition, history, and exceptions. The following components are commonly included and recommended.

Property Details

Street address, legal description, parcel number, and unit identification where applicable. Accurate identifiers ensure the disclosure attaches to the correct title and closing documents.

Occupancy History

Dates and nature of occupancy, whether owner-occupied or tenant-occupied, and any recent vacancies or unauthorized occupants that could affect inspection results or disclosure obligations.

Known Defects

List known material defects—foundation, roof, plumbing, electrical, mold, pest, or drainage issues—stating whether repairs were made and whether permits were obtained.

Environmental Risks

Disclose known risks such as lead-based paint (pre-1978), asbestos, radon, contaminated soil, or proximity to floodplain or hazardous sites.

Appliances & Systems

State condition and age of major systems and appliances (HVAC, water heater, septic/sewer, stove), noting recent repairs or expected end-of-life.

Exceptions & Addenda

Space for seller to list exceptions, pending claims, insurance disputes, or attached inspection reports that modify or explain answers on the primary form.

Step-by-step: Preparing and delivering the disclosure

Follow a consistent sequence from completion through delivery to ensure the disclosure is effective and available to all parties during negotiations and inspection.

01

Complete: Seller fills each field accurately and signs the form.
02

Attach Documents: Include inspection reports, permits, or repair invoices as exhibits.
03

Deliver: Provide copies to buyer and listing/cooperating agents promptly.
04

Retain: Broker retains a signed copy for the file per retention rules.

Typical disclosure workflow in a real estate transaction

The disclosure travels with the listing, informs buyers, and becomes part of closing documentation; understanding who receives versions at each step reduces disputes.

Listing Stage: Seller completes disclosure before marketing begins.
Offer Stage: Buyers review disclosures to inform contingencies and inspections.
Inspection Stage: Inspectors compare observations to the seller’s statements.
Closing Stage: Final signed disclosure is included in closing deliverables and records.

Configuring an online disclosure workflow

Set up digital fields, recipient order, and authentication to match your brokerage’s compliance and the transaction’s complexity.

Field	Configuration
Signature Order	Sequential or parallel signer order per transaction needs
Authentication	Email link, SMS code, or stronger ID verification
Attachments	Allow PDFs and images; require named exhibits where needed
Retention	Enable audit trail and exportable signed copies

Digital filing and eSubmission considerations

Choose a platform that supports PDF or DOCX uploads, audit trails, and the authentication level required for your jurisdiction and transaction.

File Formats: Accepts PDF, DOCX, and saved images
Integrations: Works with MLS, CRM, cloud storage, and closing platforms
Authentication: Supports email, SMS, and advanced signer verification

Ensure the platform preserves a tamper-evident signed copy and retains the audit trail for the period required by your brokerage and state law.

Security and compliance highlights for disclosures

Encryption: TLS 1.2/1.3; AES-256

Audit Trail: Timestamped action log

Regulatory: ESIGN and UETA compliant

Certifications: SOC 2 Type II available

HIPAA: BAA available if required

Access Controls: Role-based permissions

Common preparation mistakes to avoid

Leaving blanks instead of marking 'Unknown' or 'N/A' creates ambiguity and later disputes during inspection or closing.
Using vague descriptions like 'occasional leak' without dates, locations, or repair documentation undermines buyer confidence and can trigger renegotiation.
Failing to attach permits or repair invoices when repairs are noted causes discrepancies between seller statements and title/municipal records.
Delivering the disclosure late—after buyer contingencies have expired—reduces buyers’ remedies and increases risk of litigation.

Potential consequences of inadequate or inaccurate disclosure

Civil Liability: Buyer lawsuit risk

Rescission: Contract cancellation possible

Monetary Damages: Compensatory damages exposure

Insurance Issues: Claim denials for undisclosed defects

Closing Delay: Title or lender holds

Regulatory Fines: State penalties for noncompliance

Timing and delivery expectations

Observe key timing milestones: provide disclosures early, allow inspections, and retain signed copies according to state and federal rules.

Before Listing:

Complete disclosure prior to marketing to avoid surprises.

With Purchase Offer:

Buyers should receive disclosure before or with written offers.

Prior to Inspection:

Disclosures guide inspectors and focus scopes.

At Closing:

Signed copy included with closing documents.

Record Retention:

Broker keeps signed copy per retention rules.

Key milestones from listing to recordkeeping

Track these sequential stages so disclosures inform each step and are preserved where required for legal and brokerage compliance.

01

Seller Completion

Seller signs and dates the disclosure form.

02

Listing Delivery

Agent attaches disclosure to listing materials.

03

Buyer Review

Buyer inspects and compares to inspection results.

04

Closing Archive

Signed disclosure stored with closing package.

Typical eSignature pricing and capabilities for disclosure workflows

Compare common plan and capability items that affect signing, bulk sending, and compliance support for property disclosure workflows.

	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	Varies	Varies	Varies
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	Varies	Varies

Real-world examples of disclosure use

These short case summaries show how sellers and brokers use complete disclosures to speed closings and reduce post-closing disputes.

Optica Ventures LLC

A small property manager standardized disclosures across portfolios to reduce buyer questions during listing

Standardization reduced negotiation cycles by focusing inspections
Broker retained signed copies electronically, improving auditability and reducing follow-up time.

Martin Properties

A mid-size brokerage required disclosures before showings to qualify buyers

Early disclosure clarified roof and foundation histories
The practice shortened time-to-offer and minimized renegotiations after inspection reports were delivered.

Frequently asked questions about Property Disclosure Explanations

Answers address common points of confusion about completion, eSigning, notarization, and record retention to reduce errors and legal risk.

Need help? Contact support

Can I sign electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
When is notarization required?
Notarization is required for deeds and some acknowledgements in many states. The disclosure itself often does not require notarization, but deeds and execution affidavits may.
What if I discover a defect after signing?
Promptly disclose the new information in writing to buyers and counsel. Late disclosures can increase exposure to rescission or damages under state disclosure laws.
How long must brokers retain disclosures?
Retention varies; many brokerages keep disclosures for seven years, but IRS and HIPAA rules may require different periods. Follow federal IRC §6501(a) and industry rules where applicable.
Are remote notarizations acceptable?
Remote online notarization is permitted in most states but requirements vary for identity proofing and recording. Verify your state’s RON rules before relying on a remote notary.
What if a buyer claims nondisclosure later?
Preserve the signed disclosure, audit trail, and related attachments; consult counsel. Complete, dated disclosures and documented delivery reduce the likelihood of successful claims.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now