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Real Estate Pre-Purchase Disclosures

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REAL ESTATE PRE-PURCHASE DISCLOSURES

This Real Estate Pre-Purchase Disclosures (the "Disclosures") is made as of by and between Seller Name: of and Buyer Name: of . The subject property is located at Property Address: .

RECITALS

WHEREAS, Seller is the current owner of the real property described above and has knowledge of the condition of the Property as set forth in these Disclosures;

WHEREAS, Buyer desires to obtain disclosures of material facts, defects, covenants, and any other information required by law or reasonably known to Seller in advance of entering a purchase contract;

WHEREAS, the parties intend that these Disclosures inform Buyer and be relied upon in connection with Buyer's decision to proceed with inspections, investigations, and any purchase offer;

NOW, THEREFORE, in consideration of the mutual covenants and representations herein, Seller and Buyer agree as follows:

1. MATERIAL FACTS AND KNOWN DEFECTS

Seller hereby discloses to Buyer all material facts and known defects in Seller's actual knowledge affecting the Property. Seller's knowledge is limited to facts known by Seller after a reasonable inquiry of Seller's own records and the condition of the property as observed by Seller. Seller does not warrant the completeness of third-party reports unless expressly attached hereto.

Categories of conditions addressed in these Disclosures (check all items that apply and provide details in the descriptive fields below):

2. LEAD-BASED PAINT AND OTHER BUILDING MATERIALS

Seller discloses the following regarding lead-based paint or other hazardous building materials. If the Property was constructed prior to 1978, Seller must disclose known information about lead-based paint and provide any available reports.

3. ENVIRONMENTAL HAZARDS

Seller discloses the following environmental conditions to the best of Seller's knowledge. Seller represents only to the limits of Seller's actual knowledge and documentation in Seller's possession.

4. COVENANTS, RESTRICTIONS, AND ASSOCIATIONS

Seller discloses whether the Property is subject to any recorded covenants, conditions, restrictions, easements, or homeowner association rules and assessments. Buyer should review HOA documents and recorded instruments as part of Buyer's due diligence.

5. TITLE, LIENS, AND LITIGATION

Seller discloses any known liens, encumbrances, pending litigation affecting title, judgments, tax liens, or other matters that may affect Buyer's acquisition of marketable title. Seller will provide any existing title-related documentation in Seller's possession.

6. PRIOR IMPROVEMENTS AND PERMITS

Seller shall disclose all known additions, alterations, or repairs and whether permits were obtained and final inspections completed. Seller shall identify any work known to be unpermitted.

7. SELLER REPRESENTATIONS

Seller represents to Buyer, to the best of Seller's actual knowledge after reasonable inquiry, that the information contained in these Disclosures is true and correct as of the Effective Date, that Seller has not knowingly withheld any material facts, and that Seller will promptly supplement any material information that Seller later learns prior to closing.

Seller's representations are made solely on the basis of Seller's present actual knowledge and do not constitute an insurer's warranty of the condition of the Property. Buyer is encouraged to obtain inspections, tests, and a title report and to review public records and HOA documents.

8. BUYER ACKNOWLEDGEMENTS AND INSPECTION RIGHTS

Buyer acknowledges receipt of these Disclosures and the opportunity to review and investigate all matters disclosed herein. Buyer expressly acknowledges that Buyer has had the opportunity to order inspections, tests, and reports and to review any documents provided by Seller.

9. REMEDIES; SURVIVAL

Any misrepresentation by Seller of a material fact that Seller knew or should have known prior to closing shall entitle Buyer to the remedies provided under applicable law, including rescission or damages. Representations and obligations in these Disclosures shall survive closing to the extent permitted by law for matters known by Seller and not disclosed.

10. NOTICES

All notices required or permitted under these Disclosures shall be in writing and delivered to the parties at the addresses set forth below (or such other address as a party may designate by written notice):

11. AMENDMENTS; WAIVER; COUNTERPARTS

These Disclosures may be amended only by a written instrument executed by both Seller and Buyer. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver. This instrument may be executed in counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Disclosures shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict-of-law principles.

Entire Agreement: These Disclosures constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements, representations, and understandings concerning such subject matter.

Severability: If any provision of this Disclosures is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13. ADDITIONAL PROVISIONS

SIGNATURES

By signing below, Seller and Buyer certify that the information provided in these Disclosures is true and complete to the best of their knowledge as of the date of signature, and each party acknowledges receipt of a copy of this Disclosures.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What Real Estate Pre-Purchase Disclosures Are and why they matter

Real Estate Pre-Purchase Disclosures are written statements provided by a seller (or seller's agent) that detail known material facts about a property's condition, history, and legal status before a buyer completes a purchase. These disclosures commonly cover structural issues, water intrusion, pest infestations, environmental hazards, prior repairs, easements, and outstanding liens. They form part of the transaction record, guide buyer due diligence, and may be required by state law or local regulation. Accurate disclosures reduce post-closing disputes and inform title, insurance, and financing steps in the transaction process.

Why complete a professional pre-purchase disclosure

Clear, accurate disclosures protect parties from later claims, support good-faith negotiations, and speed title and financing checks while documenting known property conditions for legal compliance.

Why complete a professional pre-purchase disclosure

Who typically prepares, reviews, and relies on these disclosures

Multiple transaction participants use disclosures to evaluate risks and obligations before closing.

  • Buyers and buyer agents review disclosures to decide on inspections, contingencies, and price adjustments during due diligence.
  • Sellers and listing agents prepare disclosures to meet statutory duties and to reduce later liability or contract rescission claims.
  • Title companies, lenders, and home insurers use disclosures to assess exceptions, underwriting risk, and needed endorsements.

Proper distribution and retention ensure the disclosure record is available for escrow, title underwriting, and any subsequent dispute resolution.

Step-by-step process to complete and share disclosures

Follow this sequence to prepare a compliant disclosure package and get it to buyers and transaction parties.

  • 01
    Gather Records: Collect title report, repair invoices, permits, inspection reports, and prior disclosure forms.
  • 02
    Complete Form: Fill each field accurately, attach supporting documents, and include dates in MM/DD/YYYY format.
  • 03
    Review and Sign: Seller(s) sign and date; have agent or attorney review for completeness where state law requires.
  • 04
    Deliver to Buyer: Provide copies to buyer, escrow, lender, and title company per contract terms and state requirements.

Typical routing and handling workflow for disclosure documents

A simple digital workflow reduces manual handoffs and preserves an audit trail for every party who receives or signs disclosures.

  • Upload Document: Add the completed disclosure package to your transaction folder as PDF or DOCX.
  • Place Fields: Add signature, initial, and date fields in the correct signer order.
  • Assign Signers: List seller, listing agent, buyer (if acknowledgement required), and title/lender recipients.
  • Send and Track: Send via email or signing link and monitor the audit trail for completion timestamps.

Key configuration choices when setting up an online disclosure workflow

Configure signature authentication, notifications, and integrations to meet transaction security and compliance needs.

Field Configuration
Signer Authentication Email link or SMS code; use stronger KBA for high-risk transactions
Notifications Enable automatic reminders and completion alerts for all recipients
Template Reuse Save standard disclosure forms as templates for consistent use
Integrations Connect with title, CRM, or document storage (Salesforce, NetSuite, Box)

Technical considerations for eSigning and sharing disclosures

Ensure the platform supports the file formats, authentication strength, and integrations your transaction requires.

  • File Formats: PDF, DOCX, and PDF/A support are essential for long-term records
  • Authentication Options: Email links, SMS codes, and advanced options (KBA or SSO) for higher assurance
  • Integrations: Connectors for Salesforce, Microsoft 365, NetSuite, Procore, Box and cloud storage

Choose configuration options that balance signer convenience with evidence needs—maintain audit trails, encrypted storage, and role-based access.

Core elements to include in a professional pre-purchase disclosure

A complete disclosure organizes material facts, attachments, and signatory information so every party can assess risk clearly and consistently.

Property Condition

Describe the condition of structural elements, roof, HVAC, plumbing, electrical, and any known defects, with dates and remediation details when available.

Past Repairs & Permits

List material repairs, permit numbers, contractor names, and completion dates; attach permit approvals and contractor invoices when possible to support claims.

Environmental Issues

Disclose known lead paint, asbestos, radon, underground tanks, floodplain history, or contamination, and include remediation documentation where applicable.

Legal and Title Matters

Note easements, boundary disputes, outstanding liens, unresolved code violations, and any pending litigation affecting the property or title.

Occupancy and Appliances

State current occupancy, included appliances and systems, known appliance defects, and warranties transferable to the buyer.

Attachments and Exhibits

Attach inspection reports, seller repair receipts, permits, and any addenda; clearly index exhibits referenced in the disclosure form.

How to export and share completed disclosure packages

Export completed disclosures in durable formats and include the audit trail for legal and title review.

Final PDF

Save a signed PDF with an embedded certificate of completion and clear page numbering for escrow and title.

PDF/A Archive

Use PDF/A for long-term archival to meet record retention standards and long-term readability requirements.

Editable DOCX

Keep an editable DOCX copy for future revisions or to populate bulk templates across transactions.

Export Audit Trail

Include audit logs showing signer email, IP, timestamp, and actions taken on each document.

Common mistakes to avoid when preparing disclosures

  • Omitting supporting documents such as inspection reports or permits, which can undermine disclosure accuracy and lead to disputes.
  • Using inconsistent names or legal descriptions between the deed, listing, and disclosure forms, causing title or recording delays.
  • Failing to update disclosures when new defects or repairs are discovered after initial form preparation but before closing.
  • Relying on incomplete or handwritten notes without signed, dated statements—unsigned pages or missing initials can invalidate portions of the disclosure.

Potential consequences of inaccurate or missing disclosures

Contract Rescission: Buyer may rescind the contract or seek reformation
Monetary Damages: Compensatory or punitive damages in some jurisdictions
Title Exceptions: Title insurance may exclude undisclosed defects
Closing Delays: Lenders or insurers may delay approval
Regulatory Penalties: Statutory fines where state law imposes sanctions
Legal Fees: Liability for attorney fees and litigation costs

Typical timing checkpoints for disclosures in a purchase transaction

Deadlines depend on contract terms and state law; this list highlights common contractual and process-driven timing expectations.

Delivery to Buyer:

Often required upon or before execution of the purchase agreement per contract terms

Inspection Contingency Deadline:

Set in contract; buyer typically has a defined period to inspect and request repairs

Seller Response Deadline:

Seller must respond to inspection requests within contract-specified timeframe

Title and Lender Review:

Title exceptions and lender conditions may require additional disclosures before closing

Recording Post-Closing:

Deed recording occurs at closing or shortly after, subject to county recorder processing times

Key milestones from offer to closing

This sequence outlines major transaction milestones where disclosures either trigger actions or must be available for review.

01

Offer Accepted

Contract execution triggers disclosure delivery and opens buyer due diligence period

02

Inspections Completed

Buyer completes inspections and identifies repair requests or renegotiation topics

03

Disclosure Supplements

Seller provides any updated disclosures if new information arises before closing

04

Closing and Recording

Final signed disclosures are retained by escrow, title, and lender; deed recorded with county

Pricing and feature snapshot for signing and managing disclosure packages

Comparing starting prices and core constraints helps teams choose a signing platform that meets volume, compliance, and budget needs.

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 Yes, 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (available on Business Premium) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year limit Varies Varies Varies

Real-world examples of digital disclosures in use

These brief cases show how digital tools streamline disclosure delivery and preserve compliance evidence.

Tim Martin — Martin Properties

A brokerage moved disclosures online to reduce in-person steps and speed closings.

  • The team used mobile signing in the field to capture seller acknowledgements.
  • "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," Tim Martin said, highlighting reduced turnaround time and secure records.

Brian Fitzgibbons — Optica Ventures LLC

An investment firm standardized disclosure templates across portfolio properties to reduce errors.

  • Standardized fields ensured consistent legal descriptions.
  • Brian Fitzgibbons noted the interface is simple and easy-to-use for the team and their customers, improving turnaround and lowering manual rework across transactions.

Practical tips to prepare accurate, defensible disclosures

Follow these best practices to reduce disputes, comply with statutory duties, and keep closings on schedule.

Verify Legal Names and Descriptions
Match names and the legal property description exactly to deed and title report to avoid recording or insurance problems.
Attach Supporting Evidence
Include inspection reports, permits, and repair receipts as exhibits to substantiate statements about condition or remediation.
Use Versioned Templates
Maintain template versions keyed to state-specific requirements and update templates when laws or local practices change.
Preserve an Audit Trail
Use an electronic platform that records signer identity, timestamps, IP addresses, and document history for dispute resolution.

Frequently asked questions about Real Estate Pre-Purchase Disclosures

Answers address common legal, procedural, and technical questions encountered during preparation and signing of disclosures.


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