Can this be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Exceptions such as wills and certain court filings remain ineligible for e-signature in many jurisdictions, so verify applicable state rules.

When is notarization required?

Many states require a notary acknowledgement for deeds and related closing documents; witness requirements vary by state. Check the county recorder and state notary statutes to confirm whether the disclosure or ancillary deed needs a notary or witnesses.

What if a seller discovers a new defect after signing?

Amend the disclosure promptly and provide the corrected disclosure to the buyer and closing parties. Timely correction can reduce liability and may avoid rescission claims; consult counsel for material undisclosed defects.

Does a disclosure replace an inspection?

No. Disclosures reflect seller knowledge and do not substitute for buyer-conducted inspections. Buyers should obtain independent inspections to verify condition and identify latent defects prior to closing.

How should I store executed disclosures?

Retain signed copies with the transaction file according to retention rules. For financial or tax-related items follow IRS guidance (IRC §6501(a)); healthcare-related items follow HIPAA retention rules where applicable.

What are common reasons for disclosure disputes?

Disputes commonly arise from incomplete answers, missing attachments, inconsistent dates, or mismatched signatory authority. Using templates, supporting documents, and clear signature blocks reduces these risks.

Electronic Signature
Templates
Real estate
Real Estate Disclosure

Real Estate Disclosure

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

REAL ESTATE DISCLOSURE STATEMENT

Seller Name: Buyer Name:

Date of Disclosure: Contract/Offer Reference (if applicable):

Property Identification

Property Address: Parcel / APN Number: Legal Description (attach additional sheets if necessary):

General Disclosure — Condition Checklist

Year Built:

For each item below, indicate present condition to the best of Seller's knowledge and provide a brief description where indicated. A checked "Yes" indicates a known material defect or condition; "No" indicates no known material defect; "Unknown" indicates Seller lacks knowledge.

1. Foundation / Structural Defects: Yes No Unknown If yes, brief description:

2. Roof / Gutters / Skylights: Yes No Unknown If yes, brief description:

3. Plumbing (pipes, sewer/septic): Yes No Unknown If yes, brief description:

4. Electrical (service, panel, wiring): Yes No Unknown If yes, brief description:

5. Heating / Ventilation / Air Conditioning: Yes No Unknown If yes, brief description:

6. Water Intrusion / Drainage / Basement or Crawlspace Moisture: Yes No Unknown If yes, brief description:

7. Pest or Termite Damage / Treatment: Yes No Unknown If yes, brief description:

8. Mold, Fungal Growth or Unusual Odors: Yes No Unknown If yes, brief description:

9. Hazardous Materials (asbestos, lead-based paint, radon, other): Yes No Unknown If yes, brief description:

10. Environmental Contamination / Underground Storage Tanks: Yes No Unknown If yes, brief description:

11. Flooding / Floodplain / Prior Flood Damage: Yes No Unknown If yes, brief description:

12. Sewer / Septic System Condition: Yes No Unknown If yes, brief description:

13. Additions, Remodels or Repairs Without Permits: Yes No Unknown If yes, brief description:

14. Easements, Encroachments or Boundary Disputes: Yes No Unknown If yes, brief description:

15. Past Insurance Claims, Fire or Water Damage Repairs: Yes No Unknown If yes, brief description:

16. Appliances, Fixtures and Personal Property Included (list exceptions):

Lead-Based Paint (if applicable)

Is the dwelling subject to federal, state or local lead-based paint disclosure requirements based on age of structure? Yes No Unknown

Lead-based paint present? Yes No Unknown If yes, describe known locations or tests:

Seller's Additional Disclosures

Seller states the following material facts not reflected above (attach additional pages if necessary):

Acknowledgments and Certifications

Seller certifies, under penalty of perjury where applicable, that the information provided in this Disclosure Statement is true and correct to the best of Seller's actual knowledge as of the date signed below. Seller further understands that material misrepresentations may give rise to claims for damages or other remedies under applicable contract and property laws.

Buyer acknowledges receipt of this Disclosure Statement prior to or contemporaneous with execution of any purchase contract and understands that this Disclosure is not a substitute for any inspections or warranties Buyer may wish to obtain. Buyer is advised to obtain independent inspections and to review all available title, permit and insurance records.

Default, Remedies & Governing Law

This Disclosure Statement is incorporated into the transaction between Seller and Buyer to the extent the parties reference it in the purchase contract. Remedies for breach of representations contained in this Disclosure shall be as provided by the purchase contract and applicable law. Seller and Buyer agree that disputes arising from this Disclosure shall be governed by the laws of the state in which the Property is located, without regard to conflict of law principles.

The parties agree that this Disclosure Statement, together with any attachments and any reference in the purchase agreement, constitutes the entire disclosure made by Seller and supersedes all prior oral or written disclosures relating to the items expressly addressed herein.

Buyer Acknowledgment (optional initials)

Buyer's Initials Confirming Receipt and Review:

Document Attachments

The following documents are attached to and made part of this Disclosure Statement (indicate attachments):

Seller repair invoices/receipts Building permits Warranties/manuals

Pest/inspection reports Other (describe below)

If Other, describe attachments:

Seller Printed Name:

By:

Date:

Seller Contact Phone:

Seller Contact Email:

Buyer Printed Name:

By:

Date:

Buyer Contact Phone:

Buyer Contact Email:

What a Real Estate Disclosure Is and when it matters

Real Estate Disclosure is a standardized document used in U.S. property transactions to inform prospective buyers or tenants of known material facts about a property's condition, defects, and legal liabilities. It commonly addresses structural problems, pest or mold issues, environmental hazards, prior repairs, and permits. Disclosures allocate information risk between parties, support informed negotiations, and help ensure enforceability of sales or lease agreements. Electronic execution is generally permitted under the ESIGN Act (15 U.S.C. ch. 96) and state UETA provisions where adopted.

Who prepares and reviews a Real Estate Disclosure

Sellers, buyers, real estate agents, brokers, closing attorneys, and title companies commonly prepare, review, or receive Real Estate Disclosures during transactions.

Sellers: disclose known defects, repairs, and past claims related to the property.
Buyers: use disclosures to evaluate condition and negotiate remedies or price adjustments.
Agents and attorneys: ensure the form meets state statutory requirements and is delivered to buyers on time.

Each participant has distinct responsibilities: sellers disclose facts, agents coordinate delivery, buyers review and ask questions, and attorneys confirm statutory compliance before closing.

Core components you should expect in a professional Real Estate Disclosure

A complete disclosure gathers all material factual details and supporting evidence so parties and their advisors can assess property condition, legal encumbrances, and potential liabilities before closing.

Property Identification

Exact street address, parcel or tax ID, and legal description so the disclosure clearly applies to the subject property and avoids ambiguity in transfer documents.

Seller Statements

Affirmative answers about known defects, insurance claims, prior damage, or unresolved warranty items that provide a seller's present knowledge about material conditions.

Known Defects

Specific description of structural, plumbing, electrical, roof, or pest issues including dates of discovery, repair history, and any current remediation plans or estimates.

Environmental Issues

Information on asbestos, lead-based paint, radon, underground storage tanks, or other environmental hazards; include test results or remediation records if available.

Improvements & Permits

List of alterations, additions, and conversions with permit status and any unresolved code violations that could affect title or transferability.

Attachments

Supporting documents such as inspection reports, repair invoices, permit records, and photos that substantiate statements made in the disclosure.

Step-by-step: completing a Real Estate Disclosure

Follow these sequential steps to complete a Real Estate Disclosure accurately and in compliance with applicable laws.

01

Prepare Document: Gather property records, inspections, and seller statements.
02

Complete Fields: Enter factual answers, dates, and supporting attachments.
03

Review & Verify: Confirm facts against inspection reports and permits.
04

Sign & Notarize: Sign, obtain notarization if required, and distribute copies.

Configuring an online disclosure workflow

Common workflow settings ensure correct field placement, signer order, and authentication when completing disclosures electronically.

Field	Configuration
Automatic Fields	Pre-fill property and party data from templates to reduce manual entry and errors.
Conditional Fields	Show follow-up questions only when a disclosure box is checked to streamline the signer experience.
Signer Order	Set sequential signing for seller, buyer, and agent to enforce correct execution flow.
Authentication	Require email, SMS code, or stronger identity checks for high-risk transactions.

Where to send and how submissions are processed

Typical routing covers upload, assignment, signer authentication, execution, and final distribution of the signed disclosure.

Upload: Submit the disclosure PDF or DOCX to your signing platform.
Assign Signers: Add seller, buyer, agent, and any witness roles in correct order.
Authenticate: Use email link, SMS code, or KBA depending on risk level.
Complete: Capture signatures, timestamps, and generate an audit trail.

Technical and integration considerations for eSubmission

Verify file formats, signer authentication options, and integration needs before distributing disclosures electronically.

File Formats: PDF, Word DOCX, and HTML supported by most platforms.
Integrations: Integrates with Salesforce, NetSuite, Microsoft 365, Google Workspace.
Authentication: Email link, SMS code, KBA, SSO available as options.

Download, export, and supporting document options

Understand common export formats and what supporting documents to attach when finalizing a disclosure package.

Export Formats

Save signed disclosures as PDF/A or standard PDF to preserve appearance; many platforms also export to DOCX for editing and HTML for web archival.

Native Files

Keep original editable source files (DOCX) for recordkeeping and for creating future templates or amendments without quality loss.

Audit Trail

Include a machine-readable audit trail showing timestamps, signer IPs, and authentication methods to support legal admissibility.

Notarization Copies

Retain notarized originals or RON session recordings per state rules alongside the signed PDF for title and probate purposes.

Timing: when disclosures should be issued and updated

Key points for timing disclosures during listing, offer, inspection, and closing phases of a transaction.

Before listing a property:

Provide complete disclosure before public listing when state law requires earlier notice.

At offer or contract stage:

Deliver disclosures by buyer's contingency deadline to allow inspection.

Prior to closing:

Update and reissue any new material facts discovered before the final transfer.

After discovery of defect:

Amend and reissue disclosure promptly to preserve good faith and reduce liability.

Record retention timing:

Keep signed disclosure per applicable state retention and title company requirements.

Notarization and witness flow for executed disclosures

Where signatures require authentication, follow these sequential steps so the executed form meets statutory formalities.

01

Prepare IDs

Gather government-issued IDs for all signers and witnesses.

02

Notary verification

Notary confirms identity, readiness, and willingness to sign.

03

Witness signing

Witnesses sign in the presence of the notary if required by state law.

04

RON session start

For remote notarization, begin audio-video session per state protocols.

05

Identity proofing

Complete KBA or credential analysis required for RON where applicable.

06

Record retention

Notary retains journal entry and A/V recordings as mandated.

07

Attach certificate

Affix the notarial certificate or RON adjudication to the signed disclosure.

08

Distribute copies

Provide executed copies to buyer, seller, agent, and title company.

Comparing eSignature vendor pricing and key capabilities

High-level pricing and capability comparisons relevant to signing Real Estate Disclosure forms and supporting packages.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (premium tiers)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No

Security and compliance considerations for electronic disclosures

Encryption in transit: TLS 1.2 / TLS 1.3 encryption protects data while transmitted.

Encryption at rest: AES-256 encryption secures stored disclosure files and attachments.

Audit Trail: Comprehensive logs include timestamps, IP addresses, and signer actions.

HIPAA BAA: BAA available where PHI handling requires HIPAA compliance.

ESIGN / UETA: Electronic signatures comply with ESIGN (15 U.S.C. ch. 96) and UETA where adopted.

21 CFR Part 11: Support for regulated environments and electronic record controls where required.

Consequences of incomplete or inaccurate disclosures

Civil Liability: Damages and attorney fees.

Contract Rescission: Buyer may rescind sale.

Fines: State statutory penalties possible.

Title Issues: Insurance claims or coverage denial.

Closing Delays: Financing or escrow hold-ups.

Reputational Harm: Broker license complaints.

How a Seller Property Disclosure differs from other notices

A brief comparison of related document types clarifies when each is used and what content is typical.

Criteria	Seller Disclosure	Stigmatized Notice
Purpose	property condition	specific event disclosure
When used	most sales	jurisdiction-specific
Mandatory	yes in many states	varies by state
Signature required		usually no

Practical tips to reduce errors and speed completion

Adopt consistent procedures that reduce rework and improve the reliability of disclosures and closing packages.

Verify identity and names against ID

Match signer names to government ID and title documents. Consistent naming prevents title exceptions and reduces lender or escrow delays during underwriting.

Attach supporting documents routinely

Include inspection reports, repair invoices, and permit records as attachments. Providing evidence with the disclosure reduces follow-up requests and shortens review cycles.

Use templates and conditional fields

Standardize disclosure templates with conditional fields to hide irrelevant questions and to reduce signer confusion, improving completion rates and accuracy.

Record notarizations carefully

When notarization is required, follow state rules for witness counts and retain notary journal entries or RON recordings as part of the permanent file.

Examples: how professionals use disclosures in practice

Real-world examples show how firms and practitioners incorporate disclosures into digital closing workflows.

Martin Properties — Tim Martin, Founder

Martin Properties moved to online execution to manage high-volume rentals and sales efficiently.

They consolidated templates and digital attachments to reduce manual assembly.
"I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or offline, I can get forms back efficiently."

Optica Ventures — Brian Fitzgibbons, COO

Optica Ventures standardized seller disclosures across its portfolio to reduce ambiguity and expedite closings.

The firm adopted consistent templates and automated field population.
"The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Who has authority to sign a Real Estate Disclosure

Owner / Seller

The property owner or an authorized signatory (such as an officer for an entity owner) must sign. If the owner is an entity, use the exact legal entity name and include a capacity block showing title and authority to bind the party.

Authorized Agent / Broker

A licensed agent or broker may execute disclosures only if expressly authorized in writing by the owner. Agency authorization should be documented and retained to avoid challenges to signature authority.

Frequently asked questions about Real Estate Disclosures

Answers to common questions about completing, signing, and submitting Real Estate Disclosure forms in the United States.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Exceptions such as wills and certain court filings remain ineligible for e-signature in many jurisdictions, so verify applicable state rules.
When is notarization required?
Many states require a notary acknowledgement for deeds and related closing documents; witness requirements vary by state. Check the county recorder and state notary statutes to confirm whether the disclosure or ancillary deed needs a notary or witnesses.
What if a seller discovers a new defect after signing?
Amend the disclosure promptly and provide the corrected disclosure to the buyer and closing parties. Timely correction can reduce liability and may avoid rescission claims; consult counsel for material undisclosed defects.
Does a disclosure replace an inspection?
No. Disclosures reflect seller knowledge and do not substitute for buyer-conducted inspections. Buyers should obtain independent inspections to verify condition and identify latent defects prior to closing.
How should I store executed disclosures?
Retain signed copies with the transaction file according to retention rules. For financial or tax-related items follow IRS guidance (IRC §6501(a)); healthcare-related items follow HIPAA retention rules where applicable.
What are common reasons for disclosure disputes?
Disputes commonly arise from incomplete answers, missing attachments, inconsistent dates, or mismatched signatory authority. Using templates, supporting documents, and clear signature blocks reduces these risks.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now