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Real Estate Disclosure Package

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REAL ESTATE DISCLOSURE PACKAGE

Parties and Transaction

Seller Name:    Buyer Name:

Property Identification

Transaction Summary

Purchase Price: $    Earnest Money: $

Proposed Closing Date:    Possession Date:

Property Condition & Material Facts

Year Built:

For each item below, Seller must mark Yes or No and provide an explanation if Yes is selected. The Seller's responses are statements of the Seller's actual knowledge as of the date of signature. Buyer is advised to obtain independent inspections and investigations.

Known presence of lead-based paint? Yes No

Any known defects, repairs, or past structural issues? Yes No

Known past or present water intrusion, mold, or flood damage? Yes No

Any current or past infestations, treatments, or damage? Yes No

Any known environmental hazards or investigations? Yes No

Known defects or ongoing problems with plumbing, electrical, HVAC, septic or sewer? Yes No

Any insurance claims, major repairs, or loss history affecting the property? Yes No

Any boundary disputes, unrecorded easements, encroachments, or pending litigation related to the property? Yes No

Any unpermitted work, uncompleted permits, or known violations of building codes? Yes No

Is the property subject to an association, dues, or rules? Yes No

Attachments & Acknowledged Documents

The following documents are delivered with this Disclosure Package (mark attachments): Lead-based paint disclosure Property condition report Inspection reports Permit documents

Seller Certification and Legal Notices

Seller certifies, to Seller's actual knowledge as of the date signed below, that the statements made in this Disclosure Package are true and correct. Seller acknowledges that Seller has disclosed all material facts known to Seller that materially affect the property and are not readily observable by Buyer.

Seller makes no warranty, express or implied, regarding the condition of the property except as expressly set forth in any separate agreement between the parties. Buyer is advised and encouraged to obtain inspections and investigations of the property. The disclosures herein do not substitute for inspections, surveys, or title review.

Buyer Acknowledgment

Buyer acknowledges receipt of this Disclosure Package and the listed attachments. Buyer understands that Seller's disclosures are based upon Seller's knowledge and that Buyer may rely on independent inspections, representations in the purchase contract, and applicable statutory or regulatory disclosures.

Governing Law; Integration

This Disclosure Package shall be governed by the laws of the state in which the property is located. This document, together with any attachments and the purchase agreement, constitutes the entire disclosure statement between the parties regarding the condition and history of the property and supersedes prior oral or written statements on such topics.

Seller Printed Name:

Seller Signature:

Date:

Buyer Printed Name:

Buyer Signature:

Date:

Enter text✕

What the Real Estate Disclosure Package Is

A Real Estate Disclosure Package is a set of documents that sellers provide to prospective buyers detailing known property conditions, material facts, and statutory disclosures required by the state where the property is located. Typical contents include property condition disclosures, lead-based paint notices when applicable, seller statements, HOA or condominium resale documents, and inspection or remediation reports. The package creates a transaction record, supports informed buyer decisions, and helps parties meet legal disclosure obligations before contract execution or closing.

Why a Complete Disclosure Package Matters

Delivering a complete Real Estate Disclosure Package reduces legal exposure, builds buyer confidence, and documents material facts for title insurers and closing agents. Accurate disclosures can limit post-closing claims and support faster, smoother closings by surfacing issues early in the transaction process.

Why a Complete Disclosure Package Matters

Who Prepares and Uses This Package

Typical users include sellers, listing agents, buyers' agents, and real estate attorneys who prepare or review disclosure packets.

  • Sellers supplying facts about property condition, known defects, and past repairs to prospective buyers.
  • Listing agents assembling disclosures and ensuring compliance with state statutory language and delivery deadlines.
  • Buyers' agents reviewing disclosures for red flags and coordinating inspections or contingency provisions.

All parties should verify required forms for their state and retain copies as part of the transaction record and for potential future disputes.

Typical Signatories and Roles

Seller — Owner

A seller who holds record title must disclose known defects, prior repairs, and material facts. The seller completes the disclosure forms truthfully, signs where required, and should consult counsel for complex matters to limit later liability under state consumer protection statutes.

Listing Agent

A licensed listing agent prepares the disclosure package, advises the seller on statutory requirements, delivers forms to prospective buyers as required, and retains records of delivery and acknowledgement to reduce regulatory and transactional risk.

Security and Compliance Essentials

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamped logs with signer IP and actions
HIPAA: Supports HIPAA compliance with BAA
Certifications: SOC 2 Type II, ISO 27001, PCI DSS
Legal Frameworks: ESIGN Act and UETA compliance
Accessibility: WCAG 2.0 Level AA

Key Risks of Incomplete or Incorrect Disclosures

Rescission Risk: Buyer may cancel under state law
Monetary Damages: Liability for repair costs and claims
Title Issues: Undisclosed defects affect title insurance
Regulatory Fines: State consumer protection penalties possible
Closing Delays: Missing disclosures delay settlement
Insurance Claims: Coverage denial for nondisclosure

Common Preparation Mistakes to Avoid

  • Using vague language or placeholders like 'unknown' without reasonable inquiry, which can create disputes about whether reasonable steps were taken to discover defects.
  • Failing to attach supporting documents such as inspection reports and receipts, leaving assertions unsupported during title review or buyer investigations.
  • Submitting forms with inconsistent dates, misspelled names, or differing legal owner names, which can delay closing and complicate title insurance.
  • Assuming one standardized form satisfies all jurisdictions — state statutes and required disclosures often vary and require specific language.

Step-by-step: Prepare and Deliver the Package

Follow these steps to assemble, review, and deliver a compliant Real Estate Disclosure Package.

  • 01
    Gather Documents: Collect prior disclosures, repair receipts, inspection reports.
  • 02
    Complete Forms: Answer each question fully and use precise dates.
  • 03
    Review with Counsel: Have attorney review unusual or contested facts.
  • 04
    Deliver to Buyer: Provide signed packet by required deadline and retain copies.

How electronic disclosure delivery typically flows

Typical routing for electronic disclosure delivery and buyer acknowledgment within a real estate transaction workflow, showing sender, recipient, and confirmation steps.

  • Prepare Packet: Assemble forms and attach supporting documents.
  • Upload to Platform: Convert to PDF and enable fillable fields.
  • Send to Signers: Email or link with eSignature fields and auth.
  • Archive Records: Store signed copies and audit trail securely.

Technical Requirements for eDelivery and eSigning

Electronic delivery requires secure file formats, signer authentication, and a reliable audit trail to support enforceability.

  • File Types: PDF, DOCX, and editable forms
  • Integrations: Salesforce, Microsoft 365, NetSuite
  • Authentication: Email, SMS, KBA, or SSO options

Configuring an Online Disclosure Workflow

Configure signing order, authentication, link expiration, and retention settings before sending the disclosure package.

Field Configuration
Signing Order Set sequential or parallel signer order
Authentication Require email or SMS code; use KBA if needed
Expiration Set link expiration and resend rules
Notifications Enable email confirmations and reminder schedules

Core Elements of a Professional Disclosure Package

A professional package groups required statutory forms, signed seller statements, and supporting reports so agents, lenders, and title companies can assess material facts efficiently and maintain a clear audit trail for the transaction.

Property Condition

Standard seller disclosure form reporting visible defects, known material issues, and whether repairs were completed. Include specific dates, contractor names, and receipts where practical to substantiate claims and reduce buyer disputes.

Lead Paint

Include a lead-based paint disclosure for properties built before 1978 and attach any inspection or remediation reports; provide the federally required pamphlet when applicable to satisfy federal disclosure obligations.

HOA Documents

Attach homeowners or condominium association resale packets, fee schedules, rules, and financial statements; disclose upcoming assessments or pending litigation that materially affect the property or buyer obligations.

Pest Reports

Provide termite or wood-destroying organism inspection reports, treatment records, and warranties where available; note active infestations or recent treatments that could affect financing or insurance.

Environmental

Disclose known environmental hazards such as underground storage tanks, flooding history, or contamination and include any Phase I/II reports or remediation documentation if available.

Seller Statement

Signed seller statement certifying truthfulness of disclosures, noting exceptions and unknown conditions; include seller contact and date signed for traceability in post-closing inquiries.

Typical Timelines and Processing Expectations

Timelines depend on contract terms and state law; parties should establish clear dates for delivery, review, and correction of disclosures.

Delivery Timing:

Provide disclosures before buyer signs purchase agreement per state law

Buyer Review Period:

Buyers typically review disclosures and order inspections during the contingency period

Inspection Contingency:

Commonly 7–14 days but varies by contract

Closing Requirement:

Disclosures must be in file before closing documents executed

Processing Time:

Allow 1–3 business days for review and corrections

Key Transaction Milestones

Follow these milestones to track disclosure completion from preparation through closing.

01

Prepare Disclosure Packet

Assemble all statutory forms, seller statements, and supporting reports prior to listing or contract.

02

Deliver to Buyer

Provide the disclosure package electronically or in paper before buyer execution as required.

03

Inspection and Remedies

Buyers perform inspections, request repairs, or negotiate credits during the contingency period.

04

Final Review Before Closing

Confirm all signed disclosures are in the closing file and that title company has required documents.

Frequently Asked Questions about Disclosure Packages

Answers to common practical and legal questions covering e-signatures, notarization, omissions, retention, and vendor selection.


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