What is the legal effect of the disclosure?

A properly executed disclosure creates a contemporaneous record of corrected facts and may limit dispute arguments about what was known and when; contractual remedies depend on the purchase agreement and state law.

Who must sign the form?

Typically the seller and the listing broker sign; buyers or their agents should acknowledge receipt. If the seller is an entity, an authorized officer or signatory should sign and state capacity.

Does the form need notarization?

Notarization requirements vary by state and by intended legal effect. For affidavits or documents meant for public record, a notary may be required; check state-specific practice.

Can this form be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the parties consent and record retention requirements are met.

How long should closing parties retain the form?

Retain the disclosure for the active transaction period plus additional years per regulatory guidance: at least three years for tax records and up to six years for HIPAA-related matters where applicable.

What if the disclosure is omitted before closing?

Omitting a correction can lead to rescission rights, monetary claims, title underwriting issues, or disciplinary action; act quickly to remedy and document the correction.

Electronic Signature
Templates
Real estate
Real Estate Mis-description Disclosure Form

Real Estate Mis-description Disclosure Form

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

REAL ESTATE MIS-DESCRIPTION DISCLOSURE FORM

Parties and Property Identification

Seller Name:

Seller Contact Information

Buyer Name:

Buyer Contact Information Property Address Parcel / APN Number Legal Description

Background

Original Listing / Representation Date:

Date Mis-description Discovered:

Person Who Disclosed / Identified Mis-description:

Nature of Mis-description

The Seller discloses that the property was previously described or represented in the following manner which is now determined to be inaccurate or incomplete. Indicate all applicable categories:

Square footage / gross living area misstated

Number of bedrooms or rooms misstated

Lot size / acreage misstated

Property boundary or easement misstated

Condition, systems or material facts misstated

Zoning, use or permit status misstated

Other (describe below)

If Other, describe Detailed Description of Mis-description

Materiality and Disclosures

The Seller hereby states whether the mis-description is believed to be material to the value of the property:

Yes

No

Seller discloses the following known condition disclosures (mark applicable):

Lead-based paint or hazards known

Mold, water intrusion, or fungal conditions known

Prior material property damage or repairs known

Other material conditions (describe below)

If Other Conditions, describe

Remedies and Agreement of the Parties

The parties agree to the following remedy(ies) for the mis-description (select all that apply and provide details where requested):

Seller to complete corrective repairs or adjustments at Seller's expense in a commercially reasonable manner and within the timeline agreed below.

If repairs are selected, proposed completion date

Seller to provide a price credit or concession at closing in the amount of:

Buyer may elect to terminate the purchase contract and receive return of earnest money and any prepaid fees as follows:

If termination is selected, specify earnest money disposition

Other remedy agreed by the parties (describe below)

Acknowledgments, Representations and Release

Seller represents that, to Seller's actual knowledge after reasonable inquiry, the information disclosed in this form accurately describes the nature and extent of the mis-description as of the date set forth below. Seller further represents that Seller has not intentionally concealed material facts related to the mis-description.

Buyer acknowledges receipt of this Mis-description Disclosure Form and the opportunity to inspect the property, to seek independent professional advice, and to consult legal counsel prior to accepting any remedy. By executing below, Buyer accepts the remedies selected above and releases Seller from any additional claims for the matters expressly described herein, except as expressly reserved in this document.

The parties agree that this Disclosure is a contractual amendment to the purchase agreement between the parties and that, except as expressly modified herein, all other terms of that agreement remain in full force and effect.

Indemnity and Remedies

Seller shall indemnify and hold Buyer harmless from and against any third-party claims arising directly from the mis-description to the extent caused by Seller's false or negligent statements, provided that Buyer gives prompt written notice of any such claim and allows Seller an opportunity to defend or cure. This indemnity does not apply to representations made by third parties not under Seller's control.

The parties' remedies for breach of this Disclosure shall be limited to the remedies expressly set forth herein and to any remedies available under the underlying purchase agreement, unless a court of competent jurisdiction determines otherwise.

Governing Law and Integration

This Disclosure shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Disclosure, together with the referenced purchase agreement, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior written or oral communications relating to the mis-description.

Signatures and Certification

By signing below, Seller certifies under penalty of perjury that the statements made in this Disclosure are true, accurate, and complete to Seller's actual knowledge as of the date of signature. Buyer acknowledges receipt and agrees to the remedies selected above.

Seller:

By:

Date:

Buyer:

By:

Date:

What the Real Estate Mis-description Disclosure Form Is

The Real Estate Mis-description Disclosure Form is a written record used to correct or disclose inaccuracies in a property's marketed description, listing statements, or seller-provided disclosures. It documents the original representation, the corrected information, and the parties who received the notice. The form serves to create a clear audit trail before closing, reduce later disputes about factual misstatements, and establish whether contractual remedies or adjustments to price, closing terms, or seller obligations are necessary.

Why a Clear Mis-description Disclosure Matters

A formal disclosure reduces ambiguity, preserves buyer and broker rights, and creates an evidentiary record if disputes follow. It supports accurate closing paperwork, helps limit liability exposure for sellers and agents, and documents corrective steps taken before transfer.

Who Typically Completes This Form

The form is used by sellers, listing brokers, buyer representatives, and closing agents whenever an inaccuracy in a property description is discovered.

Listing brokers and agents: document corrections and protect brokerage compliance records.
Sellers: formally acknowledge corrected statements and potential price or repair adjustments.
Buyers and buyer agents: receive written notice to confirm informed consent before closing.

Use the form as part of the transaction file; include it with buyer acknowledgements and closing documentation.

Essential Elements to Include on the Form

A professional mis-description disclosure should be concise and structured so it can be appended to the transaction file and relied on by title companies, attorneys, and regulators.

Property ID

Full street address and county parcel number or legal description to remove ambiguity about which property the disclosure covers.

Original Statement

A verbatim excerpt of the misdescribed language from the listing or disclosure so the correction is tied to the exact prior wording.

Corrected Facts

Clear, factual corrections describing the accurate condition or feature, including measurements or verifiable data where applicable.

Impact Assessment

A brief note on whether the correction affects price, habitability, compliance, or other contractual terms, and any proposed remedies.

Signatures

Signature blocks for the seller, listing broker, and buyer (or buyer's agent) with printed names and dates to confirm receipt and acknowledgment.

Attachments

Supporting documents such as inspection excerpts, appraiser notes, photographs, or corrected survey pages referenced by the disclosure.

Required Information Fields at a Glance

Property Address: Street, city, state, ZIP

Parcel/Legal: APN or legal description

Seller Name: Full legal name(s)

Buyer Name: Full legal name(s)

Date of Correction: MM/DD/YYYY format

Correction Summary: Concise factual description

Step-by-Step: Completing the Disclosure

Follow a simple sequence to create a clear record and distribute the disclosure to all transaction parties.

01

Identify Error: Locate the precise misdescribed language in the listing or disclosure.
02

Draft Correction: Enter the factual correction and reference supporting evidence.
03

Sign and Date: Collect signatures from required parties and record dates.
04

Distribute Copy: Provide copies to buyer, broker, title, and closing agent.

Where the Completed Form Should Move Next

Routing the disclosure promptly ensures it is considered in closing and title review.

Deliver to Buyer: Buyer and buyer's agent receive signed copy.
Notify Broker: Listing broker retains a copy in the transaction file.
Share with Title: Title company receives it for underwriting review.
Attach to Closing: Include in closing documents and final settlement package.

Digital Submission and File Format Considerations

Use standard, nonproprietary file formats and clear signer authentication to preserve evidentiary value.

Preferred Format: PDF/A or PDF
Signer Authentication: Email + SMS code or stronger
Integrations: CRM and cloud storage

Keep an unalterable PDF with an audit trail and a separate accessible copy for closing counsel and title underwriters.

Timing Expectations and Typical Deadlines

Timeframes vary by contract terms and state practice; act promptly to avoid closing delays and preserve remedies.

Discovery to Notice:

Provide written disclosure as soon as reasonably practicable

Before Closing:

Preferably deliver corrected notice before buyer signs final closing documents

Contract Cure Period:

Observe any contract-specified cure or repair deadlines

Title Review:

Share with title company early in underwriting process

Recordkeeping:

Retain transaction copies per retention rules

Common Preparation Mistakes to Avoid

Vague corrections that do not reference the original wording make it hard to determine what changed.
Failing to obtain signatures from all required parties can render the disclosure ineffective in dispute resolution.
Using inconsistent property identifiers (address vs legal description) can create title and closing confusion.
Not delivering the disclosure to title or closing agents in time can delay closing or invite liability.

Potential Consequences of an Incomplete or Incorrect Disclosure

Contract Rescission: Buyer may rescind transaction

Monetary Damages: Damages for misrepresentation

Broker Discipline: License sanctions or fines

Title Objections: Underwriting delays or exceptions

Closing Delays: Settlement postponement

Insurance Impact: Claim denials possible

How This Form Differs from Other Real Estate Corrections

Compare common corrective documents to understand which instrument best fits the situation and the legal effect each creates.

Criteria	Real Estate Mis-description Disclosure Form	Seller's Affidavit
When used	to correct listing errors	to swear facts under oath
Notarization required	varies	often yes
Public record	usually private to file	can be recorded if needed
Typical signers	seller, broker, buyer	seller under oath

eSignature Vendor Comparison for Signing and Tracking the Form

Core plan and capability differences for common eSignature vendors. signNow is listed first per comparison conventions.

	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	Varies	Varies	Varies
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

Key Milestones from Discovery to Closing

Track a short sequence of milestones to ensure timely correction and integrate the disclosure into closing workflows.

01

Discovery

Identify and document the misdescription promptly

02

Notice Sent

Deliver written correction to buyer, broker, and title

03

Cure or Adjust

Agree on repairs, price adjustments, or settlement terms

04

Closing Integration

Include signed disclosure in final closing package

Frequently Asked Questions About Using the Form

Answers to common practical and legal questions when completing or distributing a mis-description disclosure in a U.S. real estate transaction.

Need help? Contact support

What is the legal effect of the disclosure?
A properly executed disclosure creates a contemporaneous record of corrected facts and may limit dispute arguments about what was known and when; contractual remedies depend on the purchase agreement and state law.
Who must sign the form?
Typically the seller and the listing broker sign; buyers or their agents should acknowledge receipt. If the seller is an entity, an authorized officer or signatory should sign and state capacity.
Does the form need notarization?
Notarization requirements vary by state and by intended legal effect. For affidavits or documents meant for public record, a notary may be required; check state-specific practice.
Can this form be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, provided the parties consent and record retention requirements are met.
How long should closing parties retain the form?
Retain the disclosure for the active transaction period plus additional years per regulatory guidance: at least three years for tax records and up to six years for HIPAA-related matters where applicable.
What if the disclosure is omitted before closing?
Omitting a correction can lead to rescission rights, monetary claims, title underwriting issues, or disciplinary action; act quickly to remedy and document the correction.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now