Do disclosures require notarization?

Most states do not require notarization of a seller's property disclosure form itself, though deeds often require notarized acknowledgements. Check your state rules and the purchase contract for any special formalities.

Can a buyer accept an electronic disclosure?

Yes — electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met.

What if a seller discovers a defect after signing?

Promptly provide an updated disclosure in writing and preserve records of communication. Failure to timely update may increase exposure to buyer claims depending on state law.

Are lead-based paint disclosures required?

Federal law mandates lead-based paint disclosures for most residential sales of properties built before 1978. Include the required addendum and any test or remediation records.

How long should disclosures be retained?

Retain signed disclosures for at least three years after closing; many practitioners retain for seven to ten years for real estate matters and to satisfy title and tax audit needs.

Can disclosure disputes be waived?

Buyers may waive certain inspection contingencies by contract, but statutory disclosure duties cannot be waived if state law mandates them; consult counsel for limitations and remedies in your jurisdiction.

Electronic Signature
Templates
Miscellaneous
Property Disclosures Form

Property Disclosures Form

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

PROPERTY DISCLOSURES FORM

RECITALS

WHEREAS, Seller Name: is the current owner of the real property located at Property Address: (the "Property");

WHEREAS, Buyer Name: is considering purchase of the Property and requires disclosure of material facts known to Seller; and

WHEREAS, Seller agrees to make the following disclosures, to certify those disclosures under penalty of perjury, and to identify known defects, repairs, and relevant documentation for the benefit of Buyer.

PROPERTY IDENTIFICATION

Property Street Address Parcel / Tax ID Number (if known)

DISCLOSURE CATEGORIES

The Seller must indicate known conditions for each category below. If a condition exists, check the box and provide a description of the condition, the date first observed, and any repairs or documentation.

Structural (foundation, load-bearing walls): Condition present

Roof: Condition present Last repaired or replaced:

Plumbing / Sewage: Condition present Sewer/Septic:

Electrical: Condition present Panel type/amp rating:

Heating, Ventilation & Air Conditioning (HVAC): Condition present Age of major systems:

Pest / Termite: Condition present Treatment history (dates):

Environmental (lead paint, asbestos, radon, mold): Condition present

Alterations / Additions / Permits: Condition present or incomplete

SCOPE OF DISCLOSURES / SCOPE OF WORK

Describe the full scope of disclosures, agreed inspections, repairs to be completed by Seller prior to closing, and any documentation or reports to be delivered to Buyer:

PAYMENT TERMS (REPAIRS / ESCROW)

Estimated Repair Amount Payment / Escrow Schedule Late Fee on Unpaid Amounts

TERM AND TERMINATION

This disclosure and any related repair obligations commence on Start Date: and shall terminate on End Date:

Notice Period for termination or cure: days. Notices must be delivered in writing to the addresses below.

NOTICES

Seller Mailing Address for Notices Buyer Mailing Address for Notices

CONFIDENTIALITY

Except as required by law or as necessary for the performance of repairs, inspections, financing, or a transfer of title, both Seller and Buyer shall treat the contents of this disclosure and related inspection reports as confidential. Confidentiality period (in years):

GOVERNING LAW

This Property Disclosures Form and any disputes arising out of it shall be governed by the laws of the State of without regard to its conflict of law principles.

ENTIRE AGREEMENT

This form, together with any attached inspection reports, repair addenda, and signed amendments, constitutes the entire agreement between the parties regarding Seller's disclosures and any related repair obligations, and supersedes all prior oral or written statements.

SELLER CERTIFICATION

Seller certifies, under penalty of perjury, that the information provided in this Property Disclosures Form is true and correct to the best of Seller's knowledge as of the date signed below. Seller acknowledges disclosure of known material defects and will provide any available supporting documentation to Buyer.

Buyer acknowledges receipt of this disclosure and the opportunity to obtain inspections and independent verification of the information herein.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What a Property Disclosures Form Is and When it Applies

A Property Disclosures Form records the seller's knowledge about a residential property's condition, legal matters, and material defects that could affect value or habitability. It typically covers structural issues, pest or water damage, environmental hazards, permitting and zoning exceptions, and known defects in systems such as HVAC, plumbing, and electrical. Many states require delivery of a completed disclosure to prospective buyers before or at contract signing. Although formats vary, the form creates a written record that supports informed buyer decisions and allocates disclosure-related risk between parties.

Why the Property Disclosures Form Matters

Completing an accurate Property Disclosures Form reduces transaction risk by documenting known problems, meeting statutory disclosure duties in many states, and supporting clear negotiations. It creates a contemporaneous record that can limit post-closing liability if the seller acted in good faith and complied with disclosure rules.

Who Typically Completes and Reviews These Forms

Sellers prepare the form; listing agents and attorneys often review it before listing or contract execution.

For sellers: completes factual answers, signs and dates the form before listing or contract delivery.
For buyer agents: reviews disclosures during showing and prior to submitting offers; flags issues for inspection.
For title lenders: uses disclosures to identify title risks, insurance exceptions, or escrow requirements prior to closing.

Buyers, buyer agents, lenders, and title companies rely on the disclosed information during due diligence and underwriting.

Step-by-step: Completing the Property Disclosures Form

Complete the form in logical order and collect supporting evidence for any affirmative answers before sharing with prospective buyers.

01

Gather records: Locate permits, repair invoices, inspection reports and previous disclosures.
02

Answer honestly: Provide factual responses; do not guess or omit known issues.
03

Attach evidence: Include PDFs or photos of repairs, permits, and contractor invoices where relevant.
04

Sign and date: All sellers sign; note capacity and date of signature.

Essential elements to include on a professional disclosure

Ensure the form is structured, complete, and supported by evidence to reduce ambiguity and downstream disputes.

Identification

Clear property identification (address, parcel number) and seller contact information to tie the form to the correct record.

Material Defects

A dedicated section to list structural, environmental, or system defects with dates, descriptions, and remediation status.

Occupancy & Use

Statements about current occupancy, rental arrangements, pending tenant leases, or unpermitted uses that affect value or transferability.

Legal Notices

Disclosure of lawsuits, zoning violations, tax liens, or code enforcement actions that could impact title or possession.

Lead-based Paint

If property built before 1978, include federally required lead-based paint disclosure and available records.

Signature and Date

Dedicated signature blocks for each seller and any preparer, with printed name and date fields for attribution.

How to configure an online workflow for disclosures

Set up a simple, auditable eWorkflow so disclosures are completed, shared, and retained consistently.

Field	Configuration
Required Fields	Make address, seller name, signature required.
Attachments	Allow PDF, JPG uploads; limit file size per document.
Authentication	Use email + SMS code or stronger KBA for signer verification.
Audit Trail	Enable IP, timestamp, and action logs for compliance.

Technical considerations for digital completion and eSubmission

Choose a platform that creates a tamper-evident signed PDF and provides an auditable completion certificate.

File formats: PDF, DOCX, and scanned images supported.
Integrations: Works with Google Drive, Box, and CRM systems.
Security: TLS and AES-256 encryption in place.

Ensure the system supports ESIGN/UETA compliance, optional notarization (RON), and secure long-term storage for auditability.

Where to send the completed disclosure during a sale

Follow a consistent routing: listing broker, buyer agent, lender, and title company are common recipients depending on deal stage.

Listing broker: Retain a copy in the seller file and MLS as required.
Buyer agent: Provide before or with the purchase offer for inspection planning.
Lender: Submit to lender as part of underwriting package if requested.
Title company: Deliver prior to closing for title insurance review.

Typical timing checkpoints for disclosure delivery

Timing varies by state and contract terms; treat disclosure delivery as an early-stage obligation to avoid financing or closing delays.

Before listing:

Complete disclosures prior to active marketing to inform buyers and agents.

Before offer submission:

Provide to prospective buyers when requested or when required by state law.

At contract execution:

Deliver signed disclosures or confirm prior delivery within contract deadlines.

Prior to closing:

Ensure lender and title company have final signed copy before funding.

Record retention:

Retain copies for the recommended statutory period and for insurance purposes.

Security, encryption, and compliance considerations

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256

Audit and logging: Detailed audit trails retained

Certifications: SOC 2 Type II

Regulatory compliance: ESIGN and UETA

Healthcare support: HIPAA BAA available

Key risks and potential penalties for faulty disclosures

Civil liability: Buyer claims for undisclosed defects

Contract rescission: Buyer may seek contract cancellation

Financial penalties: State consumer protection fines possible

Title insurance impact: Claims or exceptions may be denied

Closing delays: Lender or title holds delay funding

Reputational harm: Agent or seller trust erosion

Common mistakes when preparing a Property Disclosures Form

Failing to disclose past repairs or claims creates exposure to post-closing litigation and damages.
Using vague descriptions such as 'some issues' instead of specifics reduces the form's effectiveness and increases dispute risk.
Not attaching or retaining supporting repair permits, invoices, or inspection reports can make it hard to substantiate good-faith disclosures.
Delivering unsigned or undated forms, or failing to follow contract timing, can create financing delays or contract defaults.

eSignature pricing and capability snapshot for disclosure workflows

Compare typical vendor starting prices and core capabilities relevant to document execution, noting audit trail and HIPAA support for healthcare-related matters.

	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	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-world examples of disclosure workflows

These short cases show how disclosures are used in practice and the documentation habits that reduce risk.

Martin Properties

Tim Martin used online disclosures to process sales without in-person meetings.

He reported consistent compliance and faster turnaround.
By pairing signed disclosures with contractor invoices and inspection reports, his team reduced post-closing disputes and kept closings on schedule.

Optica Ventures

Brian Fitzgibbons centralized disclosure storage for multi-property portfolios.

Centralization improved version control.
Consolidated records made lender and title reviews faster and supported consistent responses to buyer inquiries across properties.

Frequently asked questions about Property Disclosures Forms

Answers to common questions about signing, notarization, eSubmission, and disputed disclosures for U.S. transactions.

Need help? Contact support

Do disclosures require notarization?
Most states do not require notarization of a seller's property disclosure form itself, though deeds often require notarized acknowledgements. Check your state rules and the purchase contract for any special formalities.
Can a buyer accept an electronic disclosure?
Yes — electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and reliable record retention are met.
What if a seller discovers a defect after signing?
Promptly provide an updated disclosure in writing and preserve records of communication. Failure to timely update may increase exposure to buyer claims depending on state law.
Are lead-based paint disclosures required?
Federal law mandates lead-based paint disclosures for most residential sales of properties built before 1978. Include the required addendum and any test or remediation records.
How long should disclosures be retained?
Retain signed disclosures for at least three years after closing; many practitioners retain for seven to ten years for real estate matters and to satisfy title and tax audit needs.
Can disclosure disputes be waived?
Buyers may waive certain inspection contingencies by contract, but statutory disclosure duties cannot be waived if state law mandates them; consult counsel for limitations and remedies in your jurisdiction.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now