When is the disclosure required?

Requirement timing depends on state law and transaction type; generally sellers provide paint condition details during listing and before closing so buyers can inspect and rely on the information.

Can the disclosure be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention are documented.

Do I need to test for lead paint?

Testing is not always mandatory but is recommended for older properties or when deterioration is visible; attach any test reports to corroborate statements in the disclosure.

What if the seller didn’t disclose an issue?

Buyers may have contractual or statutory remedies including rescission, damages, or indemnity depending on the jurisdiction and facts of nondisclosure.

How long should records be kept?

Retain disclosures and attachments for the transaction lifecycle and beyond; real estate files are commonly kept seven years post-closing and may be longer in some states.

Is notarization required?

Notarization and witness requirements vary by state; if the form will be recorded or required by title/escrow, follow the jurisdictional authentication rules.

Electronic Signature
Templates
Real estate
Real Estate Paint Disclosure

Real Estate Paint Disclosure

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

REAL ESTATE PAINT DISCLOSURE

Property Identification

Property Address: Parcel / APN Number: Legal Description:

Parties

Seller Name: Seller Contact Information: Buyer Name: Buyer Contact Information: Real Estate Agent / Broker:

Paint and Lead-Based Paint Information

Year Property Built:

Regarding lead-based paint and related hazards, Seller represents to the best of Seller's knowledge (check applicable box):

Known presence of lead-based paint on the property: Yes
Known presence of lead-based paint on the property: No
Seller does not know whether lead-based paint is present

Known lead-based paint hazards (deficient paint, dust, soil conditions): Yes
Known lead-based paint hazards: No
Seller does not know whether hazards exist

Records and Reports Provided by Seller (select all that apply):

Paint inspection report
Risk assessment report
Remediation/contractor records
Other records (describe below)

Seller has: Provided the buyer with a lead hazard information pamphlet or equivalent
Not provided the pamphlet

Inspection Period and Rights

Buyer is granted days from the effective date of the purchase agreement to conduct a lead-based paint inspection or risk assessment at Buyer's expense.

If inspection or assessment discloses material lead-based paint hazards not previously disclosed, Buyer may (select one):
Cancel the purchase agreement within the inspection period
Request Seller to remediate or negotiate repairs
Proceed without remediation

Seller Certification

Seller certifies, under penalty of perjury to the best of Seller's knowledge, that the information provided in this Paint Disclosure is true and complete. Seller acknowledges that Seller has disclosed all records and reports in Seller's possession related to lead-based paint and lead-based paint hazards.

Seller Initials:

Buyer Acknowledgment

Buyer acknowledges receipt of the information above and any records provided by Seller, and is aware of the opportunity to obtain a lead-based paint inspection or risk assessment at Buyer’s expense.

Buyer Initials:

Additional Disclosures and Attachments

Attachments included with this Disclosure (check all that apply):

Paint inspection report
Risk assessment report
Remediation documentation
Other documents described below

Indemnity, Remedies and Governing Law

Seller shall indemnify and hold Buyer harmless from claims arising from Seller's failure to disclose known lead-based paint or lead-based paint hazards in violation of applicable law. Buyer’s remedies for Seller’s misrepresentation or failure to disclose shall include the remedies set forth in the purchase agreement and any remedies provided by law.

This Paint Disclosure, together with the purchase agreement and any attachments, constitutes the entire agreement between the parties with respect to the subject matter and supersedes prior oral or written statements. This Disclosure shall be governed by the laws of the state where the property is located.

Governing Law (State):

Acknowledgment of Receipt

By signing below, Seller certifies the accuracy of the information provided and Buyer acknowledges receipt of the information and any attached records or reports. The parties acknowledge that execution of this Paint Disclosure is incorporated into the transaction documents for the sale of the property identified above.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What a Real Estate Paint Disclosure Is and when it’s used

A Real Estate Paint Disclosure is a written statement used in residential real estate transactions to document known paint-related conditions, including the presence of paint hazards, recent paint testing or remediation, and buyer/seller acknowledgements. It records facts the seller knows about painted surfaces, visible deterioration, and any professional reports. The disclosure helps set expectations for property condition, supports transparent negotiations, and becomes part of the transaction record that buyers, sellers, and agents rely on during inspection, financing, and closing.

Why completing a clear Paint Disclosure matters

A complete disclosure reduces post-closing disputes and clarifies material facts for buyers and lenders. It supports informed consent, aligns with duties of disclosure under state real estate law, and complements federal electronic-record rules such as the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where applicable.

Who typically completes and reviews this disclosure

Multiple parties interact with a Paint Disclosure at different stages of a residential sale.

Listing agents and sellers who must describe known paint conditions and attach any inspection or remediation reports.
Buyers and buyer agents who review the disclosure during due diligence and use it to plan inspections or negotiate repairs.
Lenders and title companies who may require clear disclosures before completing underwriting or closing.

Clear, timely completion by the seller and verification by agents reduces the risk of later claims or delays.

Essential elements to include in a professional Paint Disclosure

A dependable disclosure lists factual items, attachments, and acknowledgements so every party understands paint-related risks and remedies before closing.

Property details

Street address, unit number, parcel or legal description, and year built to establish context for paint-condition expectations.

Known paint hazards

Whether any paint contains suspected hazards, flaking or chipping surfaces, or other conditions observed by the seller.

Testing and reports

Dates and summaries of any paint testing, inspection reports, or contractor remediation; attach full reports when available.

Repair history

Descriptions and dates of paint removal, encapsulation, repainting, or other corrective work affecting safety or durability.

Buyer acknowledgements

Lines for buyer initials or signature confirming receipt, review, and whether additional inspections were requested.

Signatures and dates

Signature blocks for seller(s), buyer(s), and listing/tenant where applicable, with dated execution to lock in the record.

Required fields commonly found on a Paint Disclosure

Property: Address and year built

Seller: Full legal name(s)

Buyer: Full legal name(s)

Known issues: Paint condition summary

Attachments: Inspection/test reports

Sign/date: Signatures with execution dates

Step-by-step: completing and delivering the Paint Disclosure

Follow these sequential steps to prepare, confirm, and include the disclosure in the transaction package.

01

Gather documents: Collect inspection reports, testing results, and receipts for any remediation.
02

Complete form: Fill property, seller, buyer, and condition fields with precise language.
03

Attach evidence: Upload test reports and photos showing affected areas.
04

Sign and distribute: Obtain signatures from seller and provide copies to buyer, agent, lender, and escrow.

Configuring an online disclosure workflow

Set up your digital workflow so fields, attachments, and signers are automatically routed in the correct order.

Field	Configuration
Required fields	Mark seller, buyer, address, and signature as required
Attachment step	Require upload of any inspection/remediation reports
Signer order	Set seller to sign first, then buyer, then agent acknowledgement
Notifications	Enable email/SMS reminders for outstanding signatures

Where to send or file the completed disclosure

A completed disclosure is routed to key transaction participants and retained with closing documents.

Seller retains: Original signed copy kept with listing records
Buyer receives: Copy provided during inspection/offer stage
Escrow/title: Upload to escrow or title company for closing file
Lender: Provide copy if required for underwriting

Digital delivery and eSignature considerations

Choose a platform that supports secure attachments, audit trails, and the authentication level your transaction requires.

File formats: PDF or DOCX
Authentication: Email, SMS code, or stronger KBA when needed
Integrations: Works with MLS, title, and cloud storage systems

Ensure the platform you use retains a tamper-evident audit trail and a copy of all attachments for the closing record.

Key timing considerations for disclosure delivery

Timely disclosure minimizes financing or title delays and preserves buyer rights during inspection periods.

At listing:

Provide initial disclosure when listing the property

With offer:

Include signed disclosure with the purchase offer where requested

Before closing:

Ensure escrow/title has the final signed copy before funding

Inspection window:

Buyer may request additional inspections within agreed inspection period

Record retention:

Keep files per retention policy after closing

Common mistakes to avoid when preparing a Paint Disclosure

Using vague language like 'may have paint issues' instead of specific observations or test results.
Failing to attach available inspection or test reports that substantiate claims or remediation.
Not having all sellers sign and date the form, which creates gaps in the transaction record.
Delivering the disclosure late, after buyer contingencies have expired, increasing the risk of disputes.

Legal and financial risks from an incorrect or missing disclosure

Contract rescission: Buyer may have remedies including rescission or damages

Indemnity claims: Seller or agent may face indemnity demands for undisclosed conditions

Loan delays: Lender underwriting can be postponed for missing facts

Title issues: Title insurers may require curative documentation

Regulatory exposure: Failing to disclose regulated hazards can trigger enforcement

Reputational loss: Agents or brokers risk professional complaints or disciplinary action

Who is authorized to sign a Paint Disclosure

Owner / Seller

The legal owner(s) of the property should sign; if title is held by an entity, an authorized officer or manager must sign and indicate capacity (for example, 'John Doe, Managing Member').

Agent / Broker

Listing or selling agents typically sign as the person completing or delivering the disclosure on behalf of the seller and should print their brokerage name and license number where required.

Notarization and witness steps where required

When the jurisdiction requires authentication, follow a clear sequence to ensure validity and retention of evidence.

01

Prepare document

Confirm full signatures and dates are present before notarization.

02

Arrange witnesses

Schedule the required number of witnesses to attend the signing when state law requires.

03

Notary identification

Signers must present valid ID to the notary per state rules.

04

Notary journal

Notary should record the act in the journal with date and reason for notarial act.

05

Audio/video (RON)

If using RON, follow identity-proofing and recording retention rules mandated by the state.

06

Attach acknowledgement

Affix the notary certificate or attach RON verification before distribution.

07

Retain copies

Store notarized copies per retention policy and state requirements.

08

Confirm acceptance

Verify escrow/title accepts electronic notarization or require physical notarization if not accepted.

eSignature provider comparison for signing Paint Disclosures

Basic vendor differences affect cost, bulk sending, audit trails, and HIPAA/enterprise options. signNow is listed first for comparison.

	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
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about the Paint Disclosure

Answers to common operational and legal questions about preparing, signing, and retaining paint disclosures.

Need help? Contact support

When is the disclosure required?
Requirement timing depends on state law and transaction type; generally sellers provide paint condition details during listing and before closing so buyers can inspect and rely on the information.
Can the disclosure be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states, provided intent, consent, attribution, and retention are documented.
Do I need to test for lead paint?
Testing is not always mandatory but is recommended for older properties or when deterioration is visible; attach any test reports to corroborate statements in the disclosure.
What if the seller didn’t disclose an issue?
Buyers may have contractual or statutory remedies including rescission, damages, or indemnity depending on the jurisdiction and facts of nondisclosure.
How long should records be kept?
Retain disclosures and attachments for the transaction lifecycle and beyond; real estate files are commonly kept seven years post-closing and may be longer in some states.
Is notarization required?
Notarization and witness requirements vary by state; if the form will be recorded or required by title/escrow, follow the jurisdictional authentication rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now