Establishing secure connection…Loading editor…Preparing document…

Real Estate Disclosure Document

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

REAL ESTATE DISCLOSURE DOCUMENT

Property Identification

Property Address:

Parties

Date of Disclosure:

Seller Disclosures (Answer Yes or No; if Yes, provide description)

1. Lead-based paint or lead hazards present (property built before 1978):

2. Mold, mildew, or other fungal growth present or remediated:

3. Structural defects (foundation, walls, load-bearing elements) known:

4. Roof leaks or need for roof repair/replacement:

5. Water intrusion, flooding, or chronic dampness:

6. Sewage, septic, or plumbing failures known:

7. Termite or other wood-destroying organism activity or treatment:

8. Hazardous materials present (asbestos, PCBs, underground tanks, contaminated soil):

9. Unpermitted or nonconforming additions/alterations to the property:

10. Pending or past notices of code violation, zoning noncompliance, or municipal orders:

11. Insurance claims made in the past five (5) years affecting the property:

12. Property located in a designated flood zone or subject to flood insurance requirements:

Known Material Defects, Repairs and Alterations

Utilities, Systems and Access

Primary heating system:

Primary cooling system:

Additional Seller Statements and Acknowledgements

The Seller certifies, under penalty of perjury, that the information provided in this disclosure is true and complete to the best of Seller's actual knowledge as of the date signed below. Seller acknowledges that material facts known to Seller concerning the property must be disclosed to prospective buyers and that failure to disclose known material defects may give rise to legal claims.

Seller further acknowledges that this disclosure does not substitute for any inspections or warranties requested by Buyer and that Buyer is advised to obtain inspections by qualified professionals prior to closing.

Buyer Acknowledgment

The Buyer acknowledges receipt of this written disclosure prior to entering into any agreement for purchase. Buyer acknowledges responsibility to conduct desired investigations, inspections, and inquiries concerning the condition of the property and relies on such investigations in making the decision to purchase.

Default, Remedies and Governing Law

This Disclosure Document is a representation by Seller of known conditions. Remedies for misrepresentation or failure to disclose shall be governed by applicable law. In the event of dispute, the parties agree that the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. This Agreement shall be governed by the substantive laws of the state in which the property is located.

Entire Agreement

This Disclosure Document constitutes the entire written disclosure between the parties with respect to the matters disclosed herein. No oral statements or prior written materials shall modify or supersede the written statements contained in this document unless executed in writing by the parties.

Additional Remarks

Signatures

Seller - Printed Name:

By:

Date:

Buyer - Printed Name:

By:

Date:

Enter text✕

What the Real Estate Disclosure Document Is and When It Matters

A Real Estate Disclosure Document is a seller-prepared statement describing known material facts about a property's condition, history, and legal status. It typically lists structural defects, water intrusion, pest damage, environmental hazards, prior repairs, permit history, flood zone status, septic or well issues, homeowner association obligations, and any special assessments. Many states require specific disclosure forms or language; other items are disclosed by custom. The document is provided to prospective buyers to support informed decision-making and is commonly attached to the purchase contract and retained as part of closing records.

Why Accurate Disclosures Protect Transactions

Timely, complete disclosures reduce post-closing disputes, limit liability for sellers, accelerate title and escrow processing, and help buyers assess risk before completing due diligence.

Why Accurate Disclosures Protect Transactions

Who Prepares and Reviews These Disclosures

Clear roles and timely exchange help meet state requirements and reduce the chance of later legal challenges.

  • Real estate agents who collect seller information and coordinate delivery to buyers and title companies.
  • Sellers responsible for accurate, good-faith answers about the property's condition and history.
  • Buyers and their inspectors who rely on disclosures during offers, inspections, and loan underwriting.

Essential Sections in a Professional Disclosure Package

A complete disclosure package groups condition statements, statutory notices, attachments, and signature blocks so recipients can quickly find relevant facts and supporting documents.

Property Details

Street address, parcel or legal description, and unit identifiers. These identifiers link the disclosure to title, tax, and county recording records for clarity and enforceability.

Seller Statements

Direct, itemized answers about known defects, past repairs, and functional systems. Clear affirmative or negative responses reduce ambiguity and create a factual record for negotiations.

Environmental Notices

Required federal or state alerts such as lead-based paint for pre-1978 housing, flood zone notices, or known contaminant disclosures that materially affect health or habitability.

HOA and Special Assessments

Homeowner association rules, pending assessments, and fee histories. Attach current HOA resale certificates and bylaws when required to avoid closing delays.

Attachments and Evidence

Receipts, repair invoices, permits, inspection reports, and warranties. Supporting documents substantiate seller claims and help title and escrow teams process the file.

Signature and Dates

Seller signature, printed name, and date; buyer acknowledgment if required. Proper signatures make the disclosure a binding transaction record when executed correctly.

Core Data Elements to Include

Property address: Full street and parcel
Seller name: Legal entity or person
Known defects: Concise defect summary
Environmental flags: Flood/lead/contamination status
HOA details: Name, contact, fees
Supporting docs: Inspection and permit files

Step-by-Step: Completing the Disclosure Form

Follow this sequence to produce an accurate, timely disclosure package that aligns with contract milestones and state requirements.

  • 01
    Gather records: Collect permits, invoices, and inspection reports.
  • 02
    Answer questions: Respond clearly to each disclosure item; avoid ambiguity.
  • 03
    Review with agent: Have the listing agent or attorney check for omissions.
  • 04
    Sign and deliver: Provide the signed disclosure to buyers and title.

Where to Send the Completed Disclosure

Proper routing ensures the buyer, lender, and closing provider can act on disclosed information without delay.

  • Listing Agent: Primary collector and distributor to interested buyers.
  • Buyer or Buyer Agent: Delivered for review during inspection contingency.
  • Title Company: Included in escrow file and title review.
  • Lender / Underwriter: Provided when required for loan processing.

Digital Formats and Platform Considerations

Ensuring compatibility and signer authentication reduces friction and preserves the audit trail needed for enforceability.

  • File formats: PDF or PDF/A preferred
  • Authentication: Email link, SMS code, or stronger
  • Integrations: CRM and title systems supported

Typical Timing and Deadlines to Track

Different milestones trigger disclosure delivery; meeting them avoids contract breaches and lender hold-ups.

At listing or offer:

Provide disclosures when the property is listed or prior to accepting an offer.

Inspection period:

Buyers should review disclosures during the inspection contingency window.

Loan processing:

Lenders may request disclosures during underwriting.

Prior to closing:

Ensure final signed disclosures are in escrow before recording.

Post-closing claims:

Timely disclosures reduce exposure to rescission or damages.

Common Preparation Mistakes to Avoid

  • Incomplete answers or vague phrases such as 'see attached' without attachments create uncertainty and delay underwriting.
  • Mismatched names between disclosure and deed increase title processing problems and can require re-execution.
  • Failing to attach inspection reports, permits, or receipts undermines seller statements and prolongs escrow review.
  • Waiting until the last minute to deliver disclosures can breach contract timelines and give buyers grounds to rescind.

Potential Consequences of Faulty Disclosures

Civil liability: Monetary damages possible
Contract rescission: Buyer may unwind transaction
Title delays: Escrow and recording hold-ups
Insurance denial: Claims may be refused
Regulatory fines: Statutory penalties apply
Reputational harm: Agent and seller trust erodes

Comparison: eSignature Options for Executing Disclosures

When choosing an eSignature provider, consider starting price, trial availability, bulk send, audit trails, HIPAA support, and envelope or usage caps.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Available on Business Premium and up Available Available Available Limited
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common questions about execution, e-signing, notarization, and post-closing concerns for disclosure documents.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users