Can this be signed electronically?

Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes when the transaction demonstrates intent, consent, attribution, and adequate record retention. Some exceptions (e.g., wills, certain court filings) may still require paper.

Is notarization or witness required?

Notarization and witness rules depend on state law and document type. Many states require notary acknowledgement for deeds and some states require witnesses (for example, Florida frequently requires two). Verify county recorder and state notary requirements before execution.

How long must records be kept?

Retention varies: IRS generally requires three years from filing (IRC §6501(a)); HIPAA requires six years for health records (45 CFR §164.530(j)); SOX and corporate rules may require seven years (15 U.S.C. §7245). Confirm state-specific requirements.

What if information changes after signing?

Prepare a signed addendum or corrected disclosure noting the effective date and distribute it to all parties, lenders, and insurers. Material undisclosed changes may permit rescission or claims for damages, so document amendments promptly.

Can remote online notarization be used?

Many states permit RON with identity proofing, A/V recording, and retention; requirements differ by jurisdiction. Check the state notary commission for permanent RON status and follow mandated audio-video and recordkeeping rules, including multi-year retention where required.

Are electronic copies admissible in court?

Yes, provided the electronic record is reproducible and the signature meets ESIGN/UETA criteria (intent, consent, attribution, retention). Preserve audit trails, timestamps, and authentication metadata to support authenticity and admissibility.

Electronic Signature
Templates
Real estate
Real Estate Commercial Disclosure

Real Estate Commercial Disclosure

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

REAL ESTATE COMMERCIAL DISCLOSURE

I. Parties and Transaction

Seller / Disclosing Party:

Seller Contact Information

Buyer / Receiving Party:

Buyer Contact Information

II. Property Identification

Property Address Parcel / APN Number Legal Description

III. Transaction Details (if applicable)

Intended Transaction Type:

Proposed Closing or Lease Commencement Date

IV. General Property Condition Disclosures

For each item, check Yes or No and provide details where indicated. A checked "Yes" indicates the Seller has knowledge of the condition described.

1. Structural Condition Yes No

2. Roof, Foundation, and Exterior Enclosures Yes No

3. Mechanical, Electrical, Plumbing, HVAC Yes No

4. Roof Age / Last Replacement

V. Environmental, Hazardous Materials & Remediation

5. Presence or Prior Use of Hazardous Materials (including asbestos, PCBs, petroleum, solvents, underground storage tanks) Yes No

6. Underground Storage Tank (UST) or Fuel Systems Yes No

VI. Regulatory, Zoning, and Permits

7. Current Zoning Designation and Permitted Uses

8. Certificates of Occupancy, Building Permits or Violations Yes No

VII. Tenancies, Leases, and Occupancy

Are there current tenants occupying the property? Yes No

If Yes, attach or summarize leases (term, rent amount, options, security deposits)

VIII. Insurance, Claims and Past Damage

9. History of Insurance Claims for Property Damage Yes No

IX. Taxes, Assessments and Liens

10. Are there outstanding property tax delinquencies, assessments, or recorded liens? Yes No

X. Floodplain, Sewage and Utilities

11. Is any portion of the Property located in a floodplain or subject to recurrent flooding? Yes No

12. Sewage / Septic / Stormwater Yes No

XI. Easements, Encroachments and Encumbrances

13. Known Easements, Right-of-Ways, or Encroachments Yes No

XII. Additional Material Facts

14. Other material facts known to Seller that may affect value or use of the Property

XIII. Attachments and Supporting Documentation

Seller indicates the following documents are attached or available for review (check all that apply):

Phase I Environmental Site Assessment
Phase II Environmental Site Assessment
Surveys / ALTA
Building permits / CO / Violation Notices
Leases and amendments
Insurance claim documents / repair invoices

XIV. Seller Representations and Certifications

Seller represents, to the best of Seller's knowledge after reasonable inquiry, that the information set forth in this Disclosure is true and correct as of the date signed below. Seller acknowledges that intentional misrepresentation or omission of a material fact in this Disclosure may give rise to contractual and statutory remedies.

Seller further certifies that Seller has disclosed all known material defects, hazardous conditions, and regulatory notices affecting the Property and has provided or identified available reports and documentation listed above. Seller makes no warranty as to conditions not within Seller's actual knowledge and encourages Buyer to obtain inspections and investigations.

XV. Buyer Acknowledgment

Buyer acknowledges receipt of this Real Estate Commercial Disclosure and the attachments identified above and understands that Seller's representations are limited to Seller's actual knowledge. Buyer is advised to conduct independent inspections, environmental assessments, and legal due diligence.

Buyer Initials

XVI. Notices and Miscellaneous

This Disclosure is intended to inform the Buyer of the Seller's actual knowledge concerning specified matters. Except as expressly set forth herein, Seller makes no express or implied warranty with respect to the condition of the Property. This Disclosure does not modify any contractual allocation of risk agreed elsewhere in a purchase agreement or lease, unless expressly incorporated therein.

Governing Law: This Disclosure shall be governed by the laws of the state in which the Property is located. The parties agree that any dispute regarding this Disclosure shall be resolved according to the dispute resolution provisions in any separate purchase or lease agreement between the parties, or in the absence thereof, by the courts located in the jurisdiction where the Property is located.

XVII. Certification and Signature

The undersigned declare under penalty of perjury under the laws of the jurisdiction in which the Property is located that the foregoing is true and correct to the best of their knowledge and belief as of the dates indicated below.

Seller Printed Name:

By:

Title / Capacity:

Date:

Buyer Printed Name:

By:

Title / Capacity:

Date:

What the Real Estate Commercial Disclosure Is

Real Estate Commercial Disclosure explains material facts about a commercial property transaction, including known defects, environmental conditions, zoning, tenant leases, and other disclosures required by state law and contract. It is completed by sellers or landlords to inform prospective buyers or tenants about physical, legal, and financial attributes that affect value or use. The disclosure assists buyers, brokers, and lenders in assessing risk and negotiating terms, and it supports compliance with consumer protection and real estate statutes. Use it alongside purchase agreements, lease documents, and property reports.

Why a Clear Commercial Disclosure Matters

Provides transparent, documented facts that reduce post-closing disputes, inform due diligence, and allocate disclosure risk between parties. A clear commercial disclosure streamlines negotiations, supports lender underwriting and insurance reviews, and helps meet state disclosure obligations under real estate law.

Who Prepares and Relies on These Disclosures

Parties who prepare or rely on disclosures include sellers, property managers, brokers, and lenders involved in commercial transactions.

Sellers and owners: provide factual property history, lease summaries, and known defects or environmental issues.
Commercial brokers: collect disclosures, advise buyers, and integrate disclosures into listing and contract documents.
Lenders and underwriters: assess asset condition, tenant income, and title encumbrances for financing decisions.

Accurate disclosures reduce liability and enable efficient due diligence for buyers, insurers, appraisers, and title companies.

Required Core Information

Property Address: Street, city, state, and ZIP

Owner/Seller: Full legal name and contact

Lease Details: Tenant names, term dates, rent

Known Defects: Structural, environmental, or code issues

Zoning/Use: Current zoning and permitted uses

Environmental Reports: Phase I or II report summaries

Key Risks from Inaccurate Disclosures

Contract Rescission: Buyer may rescind if material nondisclosure

Monetary Damages: Claims for repair or price reduction

Lien or Title Issues: Undisclosed encumbrances risk title defects

Regulatory Fines: Violations may trigger state penalties

Loan Denial: Lender may withdraw financing offer

Insurance Gaps: Coverage denials for undisclosed hazards

Common Preparation Mistakes to Avoid

Failing to disclose known environmental conditions such as contamination, underground storage tanks, or asbestos leads to buyer claims and remediation liabilities.
Using vague language like 'as far as seller knows' without specific dates or reports creates ambiguity during due diligence and weakens disclosure defenses.
Omitting tenant lease details—rent escalations, renewal options, or expense pass-throughs—can materially affect valuation and financing approvals.
Failing to attach supporting reports such as recent inspection, Phase I environmental, or zoning certificates increases dispute risk and may delay closing.

Core Sections to Include in a Commercial Disclosure

Essential sections of a Real Estate Commercial Disclosure document organize factual property data, tenant and lease information, physical condition, environmental matters, legal encumbrances, and financial summaries for review.

Property Details

Include legal description, street address, parcel ID, lot size, year built, construction type, utilities, and recent improvements. Accurate property identifiers aid title searches and tax assessments during closing.

Lease Summary

List active leases with tenant names, commencement and expiration dates, base rent, rent escalations, security deposits, and tenant repair obligations. Clarify any subleases or unusual revenue arrangements.

Physical Condition

Document known defects, recent inspections, structural reports, roof and HVAC condition, pest history, and deferred maintenance. Attach inspection summaries and dates of last major repairs.

Environmental

Disclose known contamination, Phase I/II results, storage tanks, wetlands, or remediation history. Note ongoing investigations and provide contact information for environmental consultants, including report dates and file references.

Encumbrances

List liens, mortgages, easements, covenants, pending litigation, and tax delinquencies. Provide recorded document references, dates, and contact information for resolving encumbrance questions, including county recorder book and page numbers.

Financial Data

Provide recent operating statements, rent rolls, security deposit totals, utility expense allocations, CAM charges, and capital expenditure history with the last three years of annualized figures for underwriting and valuation analysis.

Step-by-Step: Completing the Disclosure

Follow this step-by-step sequence to complete the Real Estate Commercial Disclosure accurately before listing, contracting, or closing.

01

Gather Documents: Collect lease agreements, inspection reports, title abstracts, and environmental studies.
02

Enter Property Data: Populate legal description, address, tax parcel, and zoning information.
03

Summarize Leases: Add tenant names, rent schedules, and key clauses.
04

Attach Evidence: Upload reports, photos, and signed addenda as exhibits.

Configuring an Online Disclosure Workflow

Configure an online disclosure workflow to collect signatures, attachments, and audit trails for each signer and version.

Field	Configuration
Document Template	Upload PDF with editable fields
Signer Order	Set sequential or parallel routing
Authentication	Email, SMS code, or KBA options
Attachments Required	Require reports before signing completion

Where to Send and How Recipients Receive Disclosures

Typical submission and routing steps describe where to send the completed disclosure and what each recipient receives.

Prepare Document: Finalize fields and attach supporting reports
Assign Signers: Add seller, broker, and buyer contact details
Send to Sign: Distribute via secure link or email
Archive Copies: Store executed PDF and audit trail

Technical and Compliance Considerations for eSubmission

Confirm technical capabilities, authentication options, and retention controls to meet regulatory and lender requirements for e-submission and secure storage.

File Formats: PDF, DOCX, and Excel supported
Authentication: Email, SMS, KBA available
Integrations: Salesforce, NetSuite, Microsoft 365 integrations

Timing Obligations and Critical Dates

Key timing obligations for disclosures, tax reporting, and related filings affect closing schedules and possible penalties if missed.

Disclosure Delivery Deadline:

Provide disclosures before executing purchase agreement per state practice

Buyer Due Diligence:

Typical 10–45 day period for inspections and review

Negotiation Window:

Negotiations often occur during due diligence period

Closing Date:

Final signed disclosures required before funding or recording

Recordkeeping:

Retain executed disclosure per applicable retention rules

How This Disclosure Differs from Related Documents

Compare common document types used in commercial transactions to choose the correct disclosure and supporting reports.

Document	Primary Purpose	Typical Attachment
Commercial Disclosure	inform buyers of property facts	purchase agreements
Seller Property Condition	detail property systems and defects	residential sales
Phase I Environmental	assess recognized environmental conditions	lender underwriting
Lease Abstract	summarize lease economics	loan package or sale
Title Commitment	show recorded encumbrances	closing and title insurance

Real-World Examples of Digital Disclosures

Real-world examples show how digital disclosures reduce turnaround, centralize records, and support compliance in commercial real estate transactions.

Martin Properties — Tim Martin

Martin Properties digitized disclosure and closing workflows to eliminate paper bottlenecks and centralize executed records across mobile and office environments.

Result: faster execution from anywhere.
The team processed documents online with full compliance controls, audit trails, and mobile signing, reducing in-person meetings and improving the speed of lease and sale closings while keeping records accessible for audits.

Optica Ventures — Brian Fitzgibbons

Optica Ventures adopted electronic disclosures to simplify signings for internal teams and external customers, standardizing form completion and reducing back-and-forth.

Result: faster, simpler customer experience.
The company reported easier workflows for staff and clients, with fewer errors and clearer audit logs to support compliance and post-transaction inquiries across multiple states.

Practical Practices to Improve Accuracy and Speed

Adopt standard templates, attach evidence, and validate signer identity to improve completeness and defensibility of disclosures.

Use a standardized template with required fields

Create a fixed template that includes mandatory fields, conditional sections for multi-tenant properties, and attachments. Standardization reduces omissions, speeds review, and creates a consistent audit trail useful for title, lender, and insurance verifications.

Attach dated, signed supporting reports

Include inspection summaries, Phase I/II environmental findings, survey plats, and certificate of occupancy. Mark each attachment with report date, author, and scope so reviewers can quickly evaluate currency and relevancy during due diligence.

Verify signer authority and corporate role

Confirm signers have legal authority to bind entities; for corporations request officer resolution or POA, and for partnerships verify partner signatures. Improper authorization can void agreements or require post-closing ratification.

Preserve full audit trail and originals

Store executed PDFs with embedded audit trails showing timestamps, IP addresses, and signer authentication evidence. Retain notarization records, and keep original paper records where required by jurisdiction or lender until retention period expires.

Key Milestones from Preparation to Archival

Key milestones from disclosure preparation through post-closing retention guide parties and ensure compliance at each stage.

01

Prepare Disclosure

Assemble data, reports, and lease abstracts

02

Deliver to Buyer

Provide disclosure during offer or with contract

03

Due Diligence Period

Buyer inspects and requests clarifications

04

Close and Archive

Execute final documents and store records

eSignature Vendor Comparison for Commercial Disclosure Workflows

Select an eSignature provider that meets compliance, pricing, and volume needs; below is a concise vendor comparison focused on features relevant to commercial 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	Trial available	Trial available	Trial available	Trial available
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	No cap	No cap	No cap

Frequently Asked Questions

[INTRO] Answers to frequent questions about completing, signing, notarizing, and storing the Real Estate Commercial Disclosure for U.S. transactions.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes when the transaction demonstrates intent, consent, attribution, and adequate record retention. Some exceptions (e.g., wills, certain court filings) may still require paper.
Is notarization or witness required?
Notarization and witness rules depend on state law and document type. Many states require notary acknowledgement for deeds and some states require witnesses (for example, Florida frequently requires two). Verify county recorder and state notary requirements before execution.
How long must records be kept?
Retention varies: IRS generally requires three years from filing (IRC §6501(a)); HIPAA requires six years for health records (45 CFR §164.530(j)); SOX and corporate rules may require seven years (15 U.S.C. §7245). Confirm state-specific requirements.
What if information changes after signing?
Prepare a signed addendum or corrected disclosure noting the effective date and distribute it to all parties, lenders, and insurers. Material undisclosed changes may permit rescission or claims for damages, so document amendments promptly.
Can remote online notarization be used?
Many states permit RON with identity proofing, A/V recording, and retention; requirements differ by jurisdiction. Check the state notary commission for permanent RON status and follow mandated audio-video and recordkeeping rules, including multi-year retention where required.
Are electronic copies admissible in court?
Yes, provided the electronic record is reproducible and the signature meets ESIGN/UETA criteria (intent, consent, attribution, retention). Preserve audit trails, timestamps, and authentication metadata to support authenticity and admissibility.

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