When must seller disclosures be provided?

Timing depends on state law and contract terms; many jurisdictions require disclosures before or at the time of contract execution. Check state disclosure statutes and MLS rules to confirm timing requirements.

Are electronic signatures valid on these forms?

Yes, electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, provided intent, consent, attribution, and retention requirements are satisfied.

Do disclosures require notarization or witnesses?

Notarization and witness requirements vary by state and document type; some deeds or affidavits require notary acknowledgement or two witnesses. Verify with the state recording office or local counsel.

How do I correct a disclosed error after signing?

Prepare an addendum or corrected disclosure signed by the seller and delivered to affected parties; consult counsel if the error materially affects value or financing.

Who must sign the exclusive listing agreement?

All named sellers or authorized signatories must sign; if an entity owns the property, an authorized officer should sign and indicate title. Ensure name matches title documents.

What happens if the seller fails to disclose material facts?

Failure to disclose can lead to rescission, damages, or regulatory penalties under state consumer protection laws and common-law remedies; document retention and audit trails are key evidence.

Electronic Signature
Templates
Real estate
Real Estate Exclusive and Sellers Disclosures

Real Estate Exclusive and Sellers Disclosures

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

REAL ESTATE EXCLUSIVE LISTING AND SELLER'S DISCLOSURES

Parties and Contact Information

Seller Name Seller Contact (Address / Phone / Email) Listing Broker / Firm Broker Contact (Address / Phone / Email)

Property Identification

Property Street Address Parcel / APN Number Legal Description

Exclusive Listing Terms

Grant of Exclusive Right to Sell: Seller hereby grants Broker the exclusive and irrevocable right to act as Seller's sole agent to sell the Property on the terms set forth below for the Listing Period. Seller agrees Broker shall have the exclusive right to market, show and negotiate offers during the Listing Period.

Listing Period — Start Date Listing Period — End Date Listing Price Broker Compensation

Cooperation and MLS: Seller authorizes Broker to list Property in the local multiple listing service and to cooperate with other brokers. Seller authorizes the posting of signage, photographs, floor plans, virtual tours and distribution of marketing materials.

Marketing and Access Permissions (check all that apply)

Permit MLS listing

Permit lockbox and showing access

Permit photographs, virtual tours and marketing

Seller Representations and Warranties

Seller represents and warrants to Broker and prospective purchasers that, to Seller's actual knowledge, except as disclosed in this document: (a) Seller is the sole owner of the Property and has full authority to enter into this Agreement; (b) there are no undisclosed liens, encumbrances, leases or agreements affecting title or possession other than as stated below; (c) Seller has not received any written notice of condemnation or eminent domain affecting the Property; (d) Seller will disclose any additional material facts that come to Seller's knowledge prior to closing.

Known Liens, Leases, Encumbrances, or Legal Actions (if none, enter "None")

Seller's Property Condition Disclosure

For each item below, indicate whether Seller knows of the condition or circumstance described. If yes, provide a concise description in the corresponding explanation field.

Lead-based paint or related hazards (applicable to dwellings built before 1978): Yes No

If yes, describe

Structural defects (foundation, load-bearing, settlement, significant cracks): Yes No

Roof condition/problems or leaks: Yes No

Plumbing, sewer or septic system issues: Yes No

Electrical or heating/air conditioning defects: Yes No

Pest, termite or wood-destroying organism problems: Yes No

Additions, renovations, or repairs without required permits: Yes No

Flooding, drainage, or water intrusion history: Yes No

Hazardous materials or environmental conditions (asbestos, mold, underground storage tanks, soil contamination): Yes No

Current leases, rental agreements, or occupants (including month-to-month): Yes No

Homeowners' association (HOA) or common interest obligations, pending assessments or disputes: Yes No

Other Material Facts Known to Seller

Inspection, Access and Pre-Listing Activity

Buyer Inspection: Seller acknowledges buyers will typically conduct inspections and Seller will allow reasonable access for inspections, tests and appraisals. Seller shall disclose known defects prior to acceptance of an offer and shall preserve access for contracted inspections.

Preferred Showing Times / Restrictions Inspection Period (Number of days after ratified contract)

Default, Remedies, Indemnity and Commission Protection

Commission Protection; Tail Period: Seller agrees to pay Broker the contracted compensation if, during the Listing Period or within a period of 60 days following termination if a buyer who was introduced to the Property during the Listing Period enters into a contract to purchase, or if Seller breaches this Agreement and a sale results. Seller shall indemnify Broker for claims arising from Seller's misrepresentations or failure to disclose material facts.

Remedies: Broker's remedies for breach by Seller include recovery of the commission provided for by this Agreement, reimbursement for marketing and advertising paid, and reasonable attorneys' fees and costs incurred to collect compensation due. Seller's remedies for Broker breach may include termination and limited recovery as provided by applicable law.

Confidentiality, Dual Agency and Disclosures

Confidentiality: Broker will maintain confidential information of Seller except as required to market the Property or by law. Dual Agency: Broker may act as dual agent if both Seller and buyer consent to the arrangement; Seller acknowledges the potential conflicts and may withhold consent.

This Agreement, together with Seller's disclosures contained herein, constitutes the entire agreement between Seller and Broker and may be modified only by a written instrument signed by both parties. This Agreement shall be governed by the laws of the state in which the Property is located. If any provision is held unenforceable, remaining provisions continue in full force.

Seller Certification

By signing below, Seller certifies that the information provided in this Seller's Disclosure is true and correct to Seller's actual knowledge as of the date of signature. Seller acknowledges that knowingly making a false statement in this Disclosure may result in civil liability and other remedies available to purchasers or brokers.

Seller's Additional Comments or Explanations

Seller Printed Name:

Seller Signature:

Date:

Seller Contact Phone:

Broker / Firm Printed Name:

By (Broker or Authorized Agent) Signature:

Date:

Broker License Number:

What the Real Estate Exclusive and Sellers Disclosures Is

The Real Estate Exclusive and Sellers Disclosures is a combined listing agreement and seller disclosure package used when a property owner authorizes an agent to market and sell real property while providing required statements about known property conditions. It defines the exclusive brokerage relationship, sets listing terms such as commission and duration, and collects seller disclosures about defects, environmental hazards, title exceptions, and other material facts. The document creates contractual obligations between seller and broker and informs prospective buyers of seller-reported conditions; electronic execution is broadly permitted under federal and state e-signature laws.

Why this document matters for sellers and brokers

Combining the exclusive listing terms with seller disclosures centralizes obligations, reduces duplication, and creates a transparent record for negotiations and closing. Accurate disclosures limit post-closing liability, clarify condition-based contingencies, and document the broker’s scope of authority; electronic signatures are generally enforceable under ESIGN and state e-signature statutes when intent, consent, attribution, and retention requirements are met.

Who typically completes and signs these disclosures

Responsibility often rests with the seller to provide accurate disclosures and the broker to present them before or during marketing and contract negotiations.

Listing brokers and agents who need written authority to market and negotiate on the seller’s behalf.
Home sellers who must disclose known property defects, environmental issues, and material facts honestly.
Buyers’ agents and title companies that rely on disclosures for due diligence and title review.

Step-by-step: completing the Exclusive and Sellers Disclosures

Follow these core steps to prepare, verify, and execute the combined listing and disclosure package correctly.

01

Prepare: Gather property records, inspection reports, and known defect details.
02

Complete Forms: Enter legal names, legal description, disclosures, dates, and listing terms.
03

Review: Seller and broker verify accuracy; consider attorney review for complex issues.
04

Sign: Execute signatures, dates, and initials; retain copies for all parties.

Core components to include in a professional package

A complete Exclusive and Sellers Disclosures package contains contractual, factual, and administrative sections that protect parties and enable closing.

Exclusive Listing

Terms of the brokerage appointment including exclusivity type, listing period, commission structure, and the broker’s authority to market and accept offers.

Property Disclosures

Seller answers about structural condition, systems, environmental hazards, zoning, easements, and any known material defects that could affect value.

Material Facts

Statements about anything that would reasonably affect a buyer’s decision, such as prior repairs, water intrusion, pest damage, or legal claims.

Title and Encumbrances

Disclosure of liens, mortgages, easements, or title exceptions known to the seller that may affect transfer or financing.

Acknowledgments

Seller and broker certifications that the information is true to their knowledge and that required notices have been provided to buyers.

Signature Blocks

Signature, printed name, title (if entity), and date fields for all sellers and the listing broker with space for initials where needed.

Required data fields at a glance

Seller Name: Full legal name

Property Address: Street, city, ZIP

Legal Description: Recorded parcel text

Listing Terms: Commission, duration

Disclosure Date: MM/DD/YYYY

Signatures: All parties sign

Configure an online workflow for this package

Recommended settings for digital completion and routing to support secure e-signing and recordkeeping.

Field	Configuration
Upload Document	PDF preferred
Field Placement	Drag-and-drop
Signer Authentication	Email or SMS code
Template	Create reusable template

Digital signing and platform considerations

Choose a provider that supports retention, tamper-evident PDFs, optional notarization or RON workflows, and integrations with title or MLS systems for efficient closing delivery.

File formats: PDF and DOCX supported
Authentication: Email or SMS code
Audit Trail: IP, timestamp, actions

Where to send, file, and store the completed package

Routing steps show common destinations for executed disclosures and listing agreements.

Seller Copy: Provide a fully executed copy to the seller for records.
Broker File: Retain an executed original in the brokerage transaction file.
Title Company: Send disclosures to title or escrow for underwriting review.
MLS Upload: Add required disclosure summaries to the MLS where applicable.

Typical timing and deadlines to watch

Timing for disclosures and execution varies by jurisdiction; verify local rules and contractual deadlines.

Pre-Listing Disclosure:

Provide disclosures before marketing where state law requires.

Prior to Offer:

Some jurisdictions expect disclosures before an offer is accepted.

Contract Contingencies:

Buyer review periods are often defined in the purchase contract.

Notarization Window:

Complete any required notarizations before recording or closing.

Record Retention:

Keep executed copies per retention requirements and brokerage policy.

Common preparation mistakes to avoid

Incomplete legal description or address leads to ambiguity during title search and may delay closing.
Vague answers to disclosure questions (e.g., 'unknown' without context) prompt buyer requests and renegotiation.
Omitting material repairs or prior claims can create post-closing liability and potential rescission claims.
Failure to retain executed copies or audit trails weakens evidence of consent and may complicate disputes.

Risks and potential consequences of incorrect disclosures

Rescission Risk: Buyer may seek contract rescission

Civil Liability: Negligence or fraud claims possible

Closing Delays: Title problems or buyer objections

Repair Demands: Negotiated repairs or credits

Regulatory Fines: Local penalties for mandated nondisclosure

Reputational Harm: Broker and seller credibility affected

Comparing common e-signature vendor pricing and capabilities

Basic pricing and key capability differences help teams choose a platform for executing real estate disclosures and listing agreements.

	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	Yes	Yes	Yes	Yes
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions and practical answers

Answers to common legal, procedural, and technical questions about Exclusive and Sellers Disclosures.

Need help? Contact support

When must seller disclosures be provided?
Timing depends on state law and contract terms; many jurisdictions require disclosures before or at the time of contract execution. Check state disclosure statutes and MLS rules to confirm timing requirements.
Are electronic signatures valid on these forms?
Yes, electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, provided intent, consent, attribution, and retention requirements are satisfied.
Do disclosures require notarization or witnesses?
Notarization and witness requirements vary by state and document type; some deeds or affidavits require notary acknowledgement or two witnesses. Verify with the state recording office or local counsel.
How do I correct a disclosed error after signing?
Prepare an addendum or corrected disclosure signed by the seller and delivered to affected parties; consult counsel if the error materially affects value or financing.
Who must sign the exclusive listing agreement?
All named sellers or authorized signatories must sign; if an entity owns the property, an authorized officer should sign and indicate title. Ensure name matches title documents.
What happens if the seller fails to disclose material facts?
Failure to disclose can lead to rescission, damages, or regulatory penalties under state consumer protection laws and common-law remedies; document retention and audit trails are key evidence.

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