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Real Estate Disclosure Exhibit

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REAL ESTATE DISCLOSURE EXHIBIT

Property Identification

Parties

General Disclosure Statement

The Seller makes the following disclosures to the Buyer based on Seller's actual knowledge. The disclosures below are material facts known by Seller regarding the Property as of the date of this Exhibit. Buyer acknowledges receipt of this Exhibit prior to execution of the purchase contract or as otherwise provided in the agreement of sale.

Disclosure Items — Check response and provide details where applicable

1. Structural / Foundation Defects:

2. Roof Condition / Leaks / Recent Repairs:

3. Plumbing / Sewage / Septic System Issues:

4. Electrical System / Code Compliance / Hazards:

5. Heating, Ventilation, Air Conditioning (HVAC) — Condition / Repairs:

6. Water Intrusion / Mold / Previous Flooding or Water Damage:

7. Pest Infestation / Termite Damage / Treatment History:

8. Hazardous Materials (lead-based paint, asbestos, radon, mold beyond above, underground storage tanks):

9. Flooding History / Located in FEMA flood zone / Flood insurance claims:

10. Insurance Claims Made on Property in Past Ten Years:

11. Recorded Easements, Encroachments, or Boundary Disputes:

12. Permits / Unpermitted Improvements / Work Done Without Permits:

13. Current Occupancy / Existing Leases / Tenancy Agreements Affecting Transfer:

14. Utilities / Public Services / On-Site Well or Septic:

15. Homeowners' Association / Covenants, Conditions & Restrictions (CC&Rs) / Assessments:

16. Appliances, Fixtures, and Personal Property to Convey with Property (if any):

Seller Certifications and Notices

The Seller certifies, under penalty of perjury, that the information provided in this Exhibit is true and correct to the best of Seller's actual knowledge as of the date signed below. Seller affirms that Seller has disclosed all material facts known to Seller that would reasonably affect the value or desirability of the Property.

Buyer acknowledges that the disclosures are based on Seller's knowledge and are not a substitute for Buyer’s independent inspections, investigations, or the professional advice of inspectors, engineers, or public officials. Buyer is advised to obtain any inspections or reports Buyer deems necessary prior to closing.

Additional Remarks

Legal Provisions

1. Integration and Incorporation: This Exhibit is incorporated into and made part of the purchase agreement between Seller and Buyer concerning the Property. In the event of conflict between this Exhibit and the purchase agreement, the provisions of the purchase agreement will control unless otherwise expressly stated in writing.

2. Remedies: Buyer’s remedies for Seller’s misrepresentation or omission of material facts are governed by the purchase agreement and applicable law. Nothing in this Exhibit alters Buyer’s obligation to proceed with inspections or to give timely written notice of discovery of material defects under the purchase agreement.

3. Governing Law: This Exhibit shall be governed by the substantive laws of the jurisdiction specified in the purchase agreement. Venue for any dispute arising out of this Exhibit shall be in the courts of that jurisdiction.

4. Entire Agreement: This Exhibit constitutes the entire disclosure by Seller of the matters described herein and supersedes any prior written or oral disclosures specific to these items, except as expressly set forth in the purchase agreement.

Seller Printed Name:

By:

Date:

Seller Contact Phone:

Buyer Printed Name:

By:

Date:

Buyer Contact Phone:

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What the Real Estate Disclosure Exhibit Is

The Real Estate Disclosure Exhibit is a standardized addendum used to record known property conditions, material facts, and seller representations that are legally relevant to a residential or commercial real estate transaction. It supplements the purchase contract by itemizing defects, environmental hazards, service history, and other disclosures required by state law or lender standards. Properly completed exhibits create a clear record for buyer due diligence, support title work and closing, and reduce post-closing disputes by documenting what the seller actually knew and disclosed at the time of sale.

Why a Disclosure Exhibit Matters in a Real Estate Transaction

A clear disclosure exhibit allocates risk, informs the buyer, and helps satisfy state disclosure statutes; it also provides evidence if a later claim arises. When combined with signed certification, disclosures support enforceability under electronic signature laws such as ESIGN (15 U.S.C. ch. 96) and state UETA statutes.

Why a Disclosure Exhibit Matters in a Real Estate Transaction

Who Typically Prepares and Receives This Exhibit

Proper distribution to these parties reduces last-minute delays and supports a defensible closing record.

  • Listing brokers and sellers: prepare and attest to known property conditions before marketing or contract execution.
  • Buyers and buyer agents: review disclosures as part of due diligence; raise issues or contingency requests based on answers.
  • Title companies and closing agents: use the exhibit to reconcile exceptions, insurance underwriting, and closing statements.

Core Elements Included in a Professional Disclosure Exhibit

A comprehensive exhibit organizes disclosures by topic, provides clear yes/no answers with supplemental notes where necessary, and attaches supporting documents such as inspection reports, permits, or repair invoices.

Property Identifiers

Street address, legal description, parcel number and current owner(s) to ensure the exhibit ties to the correct property record.

Condition Statements

Standardized questions on structural, mechanical, plumbing, electrical, roofing, and HVAC conditions with space for explanatory notes.

Material Facts

Disclosure of material facts such as prior flooding, settlement, pest infestation, or ongoing litigation that could affect value or habitability.

Environmental Items

Lead-based paint (pre-1978), asbestos, underground storage tanks, and known contamination with links to attached reports when available.

Attachments

Space to attach inspection reports, permits, repair receipts, warranties, or seller-completed checklists supporting answers given in the exhibit.

Certification

Seller signature block, date, and agent acknowledgment confirming the accuracy of the responses under penalty of law or contract.

Essential Fields Every Disclosure Exhibit Must Contain

Full Legal Name: Seller name as on title
Property Address: Street, city, state, ZIP
Parcel ID: County assessor parcel number
Disclosure Responses: Yes/No with notes
Supporting Docs: Inspection or repair attachments
Signatures: Seller, agent, date

Step-by-Step: Completing the Real Estate Disclosure Exhibit

Follow these steps to prepare and finalize the exhibit with minimal risk of omission or dispute.

  • 01
    Gather Documents: Collect inspection, repair, and permit records first.
  • 02
    Answer Questions: Complete every line; use notes for context.
  • 03
    Attach Evidence: Upload reports and receipts to matching fields.
  • 04
    Sign and Date: All sellers sign; record authentication method.

Configuring an Online Completion Workflow

A consistent online workflow reduces missing fields and speeds review across parties.

Field Configuration
Document Upload Require PDF or DOCX; set max file size
Reminders Auto-reminders at 3 and 7 days
Authentication Email + SMS code optional
Attachments Required Make inspection attachment mandatory if 'Yes' selected

Digital Signing and eSubmission Requirements

Ensure the chosen platform supports the file formats, signer authentication, and audit evidence required for record integrity.

  • File Formats: PDF and DOCX supported
  • Signer Authentication: Email link, SMS code, or KBA
  • Integrations: Salesforce, NetSuite, Google Workspace

Where to Send or File the Completed Exhibit

Confirm the routing order so each stakeholder receives the exhibit at the appropriate stage of the transaction.

  • Listing Broker: Keep a copy in the listing file for regulatory compliance
  • Buyer & Agent: Provide prior to offer acceptance or per contract
  • Title Company: Include with closing package and underwriting
  • Closing Attorney: Attach to closing statement and recorded file

Consequences of Incomplete or Incorrect Disclosures

Civil Liability: Buyer damages or rescission claims
Contract Voidance: Non-disclosure may void warranties
Title Problems: Insurance exceptions or underwriting delays
Closing Delays: Additional inspections or cure negotiations
Regulatory Fines: State enforcement actions possible
Reputational Harm: Broker disciplinary actions

Common Preparation Errors to Avoid

  • Leaving fields blank or writing 'unknown' without follow-up documentation creates ambiguity and delays.
  • Using inconsistent dates across the contract and exhibit can trigger lender or title company re-requests.
  • Failing to attach inspection reports or invoices when a 'Yes' answer is given undermines the disclosure's credibility.
  • Allowing a single seller signature when multiple owners exist will require corrective affidavits before closing.

Practical Tips for Accurate and Efficient Completion

Adopt these steps to reduce risk and speed the transaction timeline when assembling the disclosure exhibit.

Standardize the Template
Use a single, version-controlled exhibit template across listings so fields remain consistent and data maps cleanly into title and closing workflows.
Collect Supporting Evidence
Attach inspection reports, receipts, and permits at the time you answer questions to make the disclosure self-contained and defensible.
Use Electronic Signing Properly
Record signer identity, consent to e-sign, and audit trail metadata to satisfy ESIGN/UETA requirements and to reduce paper-handling delays.
Review Before Routing
Have a broker or attorney perform a final check for consistency, omitted fields, or contradictory statements before sending to buyer or title.

Typical eSignature Vendor Pricing and Capabilities for This Workflow

Basic pricing and capability indicators for common eSignature providers. Confirm current plan details with each vendor for feature availability.

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 Yes, 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Verify with vendor Verify with vendor Verify with vendor Verify with vendor
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Timing and Typical Deadlines for Delivering Disclosures

Timing requirements vary by contract and state law; these entries describe common checkpoints to observe in most U.S. transactions.

Initial Delivery:

Deliver exhibits to buyer at listing or when contract negotiations begin; buyer must receive before waiving contingencies.

Before Offer Acceptance:

Provide material disclosures prior to acceptance when required by local rules or contract terms.

Lead Paint Disclosure:

For homes built before 1978, federal lead-based paint disclosure is required at contract stage (EPA regulation).

Pre-Closing Submission:

Supply final exhibit and attachments to title and lender during closing packet submission.

Record Retention Start:

Retention period begins on effective date or closing date depending on document lifecycle.

Practical Examples of Using a Disclosure Exhibit

Real-world scenarios show how exhibits reduce disputes and streamline closings.

Broker Example

A listing broker compiles prior inspection reports and completes the exhibit at listing

  • The buyer reviews these attachments during the inspection contingency period
  • The documented disclosures resolved a post-closing repair dispute by showing seller knowledge and timely disclosure, reducing litigation exposure.

Title Company Example

A title officer received the signed exhibit with attached permits

  • The officer flagged an open permit and requested cure before closing
  • Early detection allowed the seller to obtain a final inspection and cleared title exceptions without delaying the closing date.

Frequently Asked Questions About the Real Estate Disclosure Exhibit

Answers to common questions about validity, correction, signatures, and storage for disclosure exhibits.


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