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Real Estate Disclosure Statement

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REAL ESTATE DISCLOSURE STATEMENT

This Real Estate Disclosure Statement is provided by Seller to Buyer regarding the condition and known facts affecting the Property identified below. Seller's answers reflect Seller's actual knowledge as of the Date of Disclosure. Buyer is advised to obtain independent inspections and investigations. The statements below are not warranties but are disclosures of known material facts.

PARTIES

PROPERTY IDENTIFICATION

Date of Disclosure:    Year Built:

DISCLOSURE ITEMS (Check the applicable response and explain where indicated)

1. Structural Defects (foundation, load-bearing elements):
     

2. Roof Leaks or Known Roof Repairs:
     

3. Water Intrusion, Drainage, or Basement Moisture Problems:
     

4. Plumbing, Sewage, Septic System Issues:
     

5. Electrical System or Wiring Hazard(s):
     

6. Heating, Ventilation, Air Conditioning (HVAC) Issues:
     

7. Pest, Termite, or Wood-Destroying Insect Damage (past or present):
     

8. Presence or Suspected Presence of Hazardous Materials (asbestos, radon, lead, chemical contamination):
     

9. Flooding, Drainage, or Located in a Floodplain/FEMA Flood Zone:
     

10. Additions, Alterations, or Repairs Made Without Permits (past or present):
     

LEAD-BASED PAINT (If property built before 1978)

Was the dwelling built before 1978?
     

     

ADDITIONAL DISCLOSURES

SELLER CERTIFICATION AND BUYER ACKNOWLEDGMENT

Seller certifies, under penalty of perjury, that the information contained in this Disclosure Statement is true and correct to the best of Seller's knowledge as of the Date of Disclosure. Seller acknowledges that this disclosure is not a substitute for any inspections or disclosures required by law and that Buyer may rely on this statement in deciding whether to purchase the property. Seller further acknowledges that any material omission or misrepresentation may give rise to legal remedies including rescission, damages, or indemnity as provided by applicable law.

Buyer acknowledges receipt of this Disclosure Statement and understands that Buyer has the right to conduct independent inspections and investigations. Buyer accepts that disclosures reflect Seller's knowledge and that no latent defects may be discovered by Buyer after closing.

Governing Law: This Disclosure Statement shall be governed by and construed in accordance with the laws of the state in which the Property is located. Entire Agreement: This document, together with any attached addenda, constitutes the entire disclosure by Seller regarding the items set forth herein.

Seller Printed Name:

Name:

Signature:

Date:

Buyer Printed Name:

Name:

Signature:

Date:

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What a Real Estate Disclosure Statement Is and why it matters

A Real Estate Disclosure Statement is a written record provided by a seller or landlord that identifies known material facts about a property’s condition, defects, and legal status that could affect a buyer’s or tenant’s decision. It typically covers structural issues, hazards (for example, lead paint or asbestos), past repairs, water intrusion, environmental matters, and liens or encumbrances. The statement supplements contract terms and helps allocate risk between parties by documenting what the seller knows and discloses before closing or lease execution.

Why documenting disclosures protects all parties

A clear disclosure reduces post-closing disputes, supports compliance with state law, and preserves the seller’s good-faith defense against fraud or concealment claims. Accurate statements also give buyers and lenders necessary information to assess value and financing risk.

Why documenting disclosures protects all parties

Common users and their roles in disclosure workflows

Sellers, listing brokers, buyers, title companies, and attorneys all interact with the Real Estate Disclosure Statement during listing, contract negotiation, and closing.

  • Sellers and owners who must disclose known property conditions before transfer or closing.
  • Listing brokers and agents who collect disclosures and provide MLS-compliant documentation.
  • Buyers and their agents who review disclosures to decide on inspections or contract contingencies.

Each participant has specific responsibilities: sellers provide facts, brokers ensure form completion, and buyers rely on disclosures to negotiate remedies or inspections.

Core sections to include in a professional disclosure statement

A complete Real Estate Disclosure Statement organizes material facts into clear, labeled sections so reviewers can quickly assess condition, history, and legal matters that affect title or habitability.

Property Condition

List structural, roofing, plumbing, electrical, HVAC, and foundation issues known to the seller, including dates and work performed or pending.

Environmental Risks

Disclose known hazards such as lead-based paint, asbestos, radon, underground storage tanks, or recent contamination testing and remediation status.

Water and Moisture

Report historical flooding, leaks, mold remediation, or water intrusion events and corrective measures taken or recommended.

Legal Encumbrances

Describe liens, easements, boundary disputes, condominiums or HOA restrictions, and pending litigation affecting title or use.

Repairs and Improvements

Provide a chronology of major repairs, permits obtained, contractor names, and warranties that transfer with the property, if any.

Occupancy and Tenancies

Note existing leases, rental deposits, tenant rights, and any oral agreements that could affect possession or closing.

Essential data fields to capture on the form

Seller Name: Full legal name
Property Address: Street, city, state, ZIP
Effective Date: MM/DD/YYYY
Known Defects: Concise list
Supporting Docs: Inspection or repair receipts
Signature Block: Signed and dated

Step-by-step: completing the disclosure from listing to closing

Follow these sequential steps to produce a compliant, usable disclosure document that integrates with the sales contract and title process.

  • 01
    Gather records: Collect permits, receipts, and inspection reports.
  • 02
    Complete form: Enter required fields, check boxes, and attach documents.
  • 03
    Review with agent: Confirm accuracy and add clarifying notes if needed.
  • 04
    Sign and deliver: Execute by seller and distribute to buyer and title company.

Configuring an online disclosure workflow

Set up a repeatable e-workflow that routes, authenticates, and archives completed disclosures for closing and compliance.

Field Configuration
Recipient Order Seller → Listing Agent → Buyer → Title Company
Authentication Email link or SMS code; stronger options for high-risk deals
Required Attachments Enable mandatory file uploads for inspection reports
Retention Settings Enable audit trail and archival per retention policy

Where to send the completed disclosure

Delivered copies should reach parties who need them for review, financing, and closing. Route electronically to reduce delays.

  • Listing Broker: Retain for MLS submission and agent records.
  • Buyer / Buyer Agent: Provide for inspection decisions and contingencies.
  • Title Company: Supply to aid title search and closing package.
  • Lender: Send if lender requires disclosures for underwriting.

Digital delivery and eSubmission essentials

Use a platform that supports signed PDFs, audit trails, and secure storage to preserve disclosure authenticity and chain of custody.

  • File Formats: PDF and DOCX are standard for retainable records.
  • Audit Trail: Record IP, timestamps, and actions.
  • Integrations: Connect to MLS, title, or CRM systems.

Ensure the chosen system complies with ESIGN and UETA, supports secure export for closing, and can produce a tamper-evident copy for title and lender review.

Timing considerations and common deadlines

Disclosure timing varies by state and contract terms; deliver early enough to preserve inspection and contingency periods under the purchase agreement.

At Listing or Before Offer:

Some states require disclosure at listing or when marketing the property.

Before Contract Acceptance:

Sellers often provide disclosures prior to buyer’s acceptance of an offer.

Inspection Contingency Window:

Buyer’s inspection period starts after receipt of disclosures per contract.

Closing Package Deadline:

Title companies typically require disclosures with closing docs submission.

Post-Closing Claims Period:

Statute of limitations varies; timely disclosure reduces rescission risk.

Common mistakes that create delays or disputes

  • Omitting known defects or repairs, which can lead to buyer rescission or litigation and affect title insurance coverage.
  • Attaching incomplete documentation such as partial invoices or unsigned contractor receipts that do not substantiate repairs.
  • Using vague language like 'subject to reasonable wear' rather than precise dates and descriptions of known issues.
  • Failing to deliver disclosures early enough to preserve inspection and financing contingencies under the purchase agreement.

Legal and financial risks of incorrect or missing disclosures

Rescission Risk: Buyer may rescind sale
Monetary Damages: Court-ordered compensation possible
Title Insurance Issues: Claims may be denied
Regulatory Fines: State penalties in some jurisdictions
Closing Delays: Lenders may withhold funding
Reputational Harm: Broker or seller liability

Real-world examples of disclosure workflows in practice

Practical examples show how firms and owners use standardized disclosures to speed closings, support compliance, and reduce disputes.

Case Study 1

A midsize brokerage standardized disclosures across listings to reduce missing fields and delays.

  • They required attachments for inspections.
  • Tim Martin, Founder of Martin Properties, said: "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Case Study 2

A small investment firm centralized seller disclosures to one template to speed diligence.

  • Central logging aided auditability.
  • Brian Fitzgibbons, COO of Optica Ventures LLC, said: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Comparing eSignature vendor features for Real Estate Disclosure Statements

Cost and capability vary across eSignature vendors. The table summarizes common plan starting prices and feature availability relevant to 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 Varies by offer Varies by offer Varies by offer Varies by offer
Bulk Send Yes (Premium tier) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions and troubleshooting tips

Answers to common questions about validity, notarization, electronic execution, and storage of Real Estate Disclosure Statements.


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