When must a disclosure be provided?

Provide the required disclosure according to state statute and contract terms—commonly at listing or within a specified number of days after contract acceptance. Failing to provide timely disclosures can trigger buyer remedies including rescission or damages.

Can disclosures be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws where adopted, provided intent, consent, attribution, and record retention requirements are satisfied.

Do I need a notary or witnesses?

Not all states require notarization for disclosures, but deeds and certain affidavits often do; Florida and some deed acknowledgements require witnesses. Verify state rules and attach notarizations when required to avoid recording rejection.

How long should I keep signed disclosures?

Retain signed disclosures for the transaction term and at least the minimum federal or state retention period—commonly 3–7 years. Longer retention may be required for tax, lender, or regulatory reasons.

What happens if I discover a new defect after signing?

Disclose it promptly in writing and provide an updated disclosure or amendment. Late disclosures may affect closing, require renegotiation, or expose the seller to liability for nondisclosure.

Is a digital signature sufficient for title companies?

Most title and escrow companies accept electronically signed disclosures when accompanied by a complete audit trail. Confirm with the title company if they require notarized originals or RON for specific documents.

Electronic Signature
Templates
Real estate
Real Estate Sales Disclosures

Real Estate Sales Disclosures

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REAL ESTATE SALES DISCLOSURES

This Real Estate Sales Disclosures form is completed by the seller(s) to disclose, to the best of the seller's actual knowledge, material facts concerning the condition, repairs and legal status of the property described below. Buyer(s) acknowledge receipt and review of the disclosures provided herein. The disclosures do not replace inspections, surveys or title review which the parties are encouraged to obtain.

Property Identification

Property Address: Parcel / APN Number: Legal Description:

Seller(s) Information

Seller Full Legal Name: Seller Contact Address:

Phone:

Email:

Buyer(s) Information

Buyer Full Legal Name: Buyer Contact Address:

Phone:

Email:

Transaction Terms

Purchase Price: $ Earnest Money Amount: $ Deposit to be delivered on:

Financing contingency period (number of days): Inspection period (number of days):

Closing Date: Possession Date:

Security Deposit / Credits to be transferred at closing (if any):

Material Condition Disclosures (Seller: check Yes or No)

Lead-Based Paint (required for properties built before 1978):

Yes No

Mold / Water Intrusion / Flooding:

Yes No

Structural Defects (foundation, framing, load-bearing walls):

Yes No

Roof leaks or significant roof repairs in last 10 years:

Yes No

Plumbing / Sewage / Septic System Issues:

Yes No

Electrical System Issues or Hazardous Wiring:

Yes No

Pest / Termite Infestation or Treatment History:

Yes No

Previous Fire or Other Significant Damage:

Yes No

Regulatory / Environmental / Legal Disclosures

Flood Zone / Repetitive Loss / Special Flood Hazard Area:

Yes No

Underground Storage Tanks / Soil or Groundwater Contamination:

Yes No

Asbestos or Other Hazardous Building Materials:

Yes No

Pending or Threatened Litigation, Liens, Assessments, or Code Violations affecting the Property:

Yes No

Utilities, Appliances & Homeowner Association

Utilities connected: Appliances included:

Is the property subject to a Homeowner Association (HOA)?

Yes No

Seller's Certifications

The seller certifies, under penalty of perjury to the best of the seller's actual knowledge as of the date signed, that the information provided in this disclosure is true and complete. Seller acknowledges an affirmative duty to disclose material facts actually known to the seller that may affect the value or desirability of the property. Seller further certifies that all known repairs, alterations, past damage and permit status identified above have been disclosed.

The seller understands that failure to disclose known material defects may give rise to contract remedies, including rescission, damages or offsets against proceeds at closing as provided by law or contract. Seller agrees to update this disclosure with any material information that becomes known prior to closing.

Buyer Acknowledgement

Buyer acknowledges receipt of this completed disclosure form and understands that the disclosures are limited to the seller's actual knowledge. Buyer is encouraged to obtain independent inspections, surveys, title review and other due diligence. Buyer acknowledges that no representation has been made by seller or seller's agents as to conditions beyond those disclosed in writing.

Miscellaneous Provisions

Governing Law: This disclosure and any dispute arising out of it shall be governed by the law of the state in which the property is located. Venue shall be in the appropriate state or federal court located in that state. The parties agree that this disclosure is part of the sale contract between buyer and seller and is incorporated by reference into any purchase agreement executed by the parties.

Entire Agreement: This Disclosure, together with any written addenda, constitutes the entire disclosures made by the seller regarding the property and supersedes any prior oral statements. If any provision of this disclosure is held unenforceable, the remainder shall remain in full force and effect.

A copy of this Disclosures form provided to buyer or seller, including electronic or facsimile copies, shall be deemed an original for all purposes.

Seller Printed Name:

Seller Signature:

Date:

Seller Contact Phone:

Buyer Printed Name:

Buyer Signature:

Date:

Buyer Contact Phone:

What Real Estate Sales Disclosures Are and when they apply

Real Estate Sales Disclosures are written statements provided by sellers to prospective buyers that describe material facts about a property’s condition, legal status, and known defects. They memorialize seller knowledge about items such as structural issues, pest or water damage, environmental hazards, boundary disputes, and local disclosures required by state law. Disclosures are used in residential and certain commercial transactions to allocate risk, support informed decision-making, and satisfy statutory or regulatory duties that affect transferability, financing, and closing timelines.

Why accurate sales disclosures matter in real estate transactions

Accurate disclosures reduce legal risk, support lender and title underwriting, and help avoid post-closing claims. They create a record of seller-reported conditions that buyers and agents can rely on during inspections, negotiations, and contract contingencies.

Primary participants who prepare or rely on disclosures

Accurate, timely disclosures help all parties reduce surprises, streamline inspections, and shorten the path to closing.

Listing agents and brokers who coordinate disclosure delivery and advise sellers on statutory requirements
Buyers and buyers’ agents who review disclosures to assess property condition and inspection scope
Title companies and mortgage lenders who use disclosures to screen for insurable title and underwriting issues

Who can sign and certify disclosures

Seller — Owner

The seller or authorized owner is normally the signatory responsible for completing and certifying the disclosure. If a corporate entity or trust owns the property, an authorized officer, trustee, or agent should sign and identify capacity to bind the owner in writing.

Listing Agent — Broker

The listing agent or broker may assist in completion and delivery but typically signs only to attest to having provided the disclosure to the buyer; agent signatures do not substitute for seller certification unless state law allows.

Essential elements included in professional sales disclosures

A complete Real Estate Sales Disclosure collects factual, verifiable details and seller knowledge that affect property value and use.

Property condition

Signs of roofing, foundation, plumbing, electrical, HVAC issues, and any known repairs or replacements with approximate dates and contractor details where available.

Environmental hazards

Known presence of lead paint, asbestos, radon, mold, underground storage tanks, or other contaminants and any remediation performed.

Pest and wood damage

History of termite, carpenter ant, or other wood-destroying organism activity and treatments or warranties.

Boundary and easements

Disclosures of boundary disputes, recorded easements, encroachments, or rights of way that materially affect property use.

Legal or municipal issues

Pending code violations, zoning nonconformance, special assessments, or litigation affecting the property.

Utilities and services

Known issues with water, sewer, septic systems, well yield, utility hookups, or service interruptions.

Step-by-step: completing and delivering a sales disclosure

Follow these steps to prepare, sign, and deliver disclosures in a way that supports contract performance and closing.

01

Gather records: Collect permits, repair invoices, warranties, and prior disclosure forms for accuracy.
02

Answer questions factually: Respond to each item using specific dates and descriptions rather than generalities.
03

Sign and date: Sign in the signature block, include capacity, and date to finalize the disclosure.
04

Deliver to buyer and escrow: Provide copies to the buyer, buyer’s agent, lender, and escrow/title company per contract timelines.

How to configure a digital disclosure workflow

Set up a controlled workflow that ensures each party receives, signs, and retains a copy with an audit trail.

Field	Configuration
Signer order	Seller first \| buyer receives copy
Authentication	Email + SMS code or knowledge-based checks
Attach exhibits	Include repair invoices, inspection reports as attachments
Audit trail	Enable timestamps, IP logging, and automatic PDF certificate

Technical considerations for eSigning and eSubmission

Ensure the chosen solution meets legal requirements (ESIGN/UETA) and any industry-specific compliance such as HIPAA where applicable.

File formats: PDF, DOCX supported for reliable signed output
Integrations: Connect to MLS, title, CRM systems like Salesforce or NetSuite
Security: TLS in transit, AES-256 at rest, and retention of signature metadata

Typical delivery path for completed disclosures

A standard routing ensures the disclosure reaches all stakeholders and is archived with contract documents.

Seller completes form: Seller or agent uploads disclosures and attachments to the signing platform
Signatures captured: Seller signs; platform captures timestamp, IP, and signer details
Buyer receives copy: Buyer reviews and acknowledges receipt; buyer may sign where required
Escrow and title: Final signed PDF is sent to escrow/title and stored for closing

Common timing rules and contract deadlines tied to disclosures

Deadlines vary by contract and state law; common dates relate to contingency periods and lender requirements.

Delivery timing:

Provide disclosures before buyer closes inspection contingency; often upon listing or within contract-specified days

Inspection contingencies:

Buyer typically has a set number of days after receiving disclosures to inspect and object

Lender review:

Lenders require disclosures early enough to complete underwriting before closing

Amendments:

Material changes discovered later should be disclosed promptly in writing

Record retention:

Keep signed disclosures for the period required by state or lender—often several years

Common mistakes to avoid when preparing disclosures

Using vague terms like 'minor issues' instead of specific descriptions and dates
Failing to attach supporting repair invoices, warranties, or inspection reports
Signing without indicating signer capacity for corporate or trust-owned properties
Missing state-mandated disclosure items or required statutory language

Legal and financial risks from inaccurate or missing disclosures

Contract rescission: Buyer may rescind or seek termination if material nondisclosure is proven

Monetary damages: Buyers can sue for repair costs, diminution in value, or statutory penalties

Title or financing delays: Undisclosed defects can trigger lender objections and delay closing

Insurance denial: Past undisclosed damage may complicate homeowner insurance claims

Regulatory fines: State consumer protection statutes can impose fines for known nondisclosure

Reputational harm: Agent or broker disciplinary action can follow repeated failures to disclose

Real-world examples showing how disclosures affect transactions

Sample scenarios illustrate typical disclosure outcomes and consequences for buyers and sellers.

Agent-led Sale

A listing agent collected repair invoices and attached them to the disclosure

buyer discovered a separate HVAC issue during inspection
having the invoices limited post-closing claims and clarified responsibility for additional repairs, expediting escrow.

FSBO Transaction

A seller completed a statutory disclosure without attaching past permit records

buyer later found unpermitted work during appraisal
dispute led to escrow hold and a negotiated credit to resolve title underwriting concerns.

Practical tips for accurate, efficient disclosures

Adopt consistent practices to minimize errors and support a smooth closing process.

Document support

Attach invoices, permits, and inspection reports to substantiate disclosures and reduce follow-up requests.

Use clear dates

Provide discovery and repair dates in MM/DD/YYYY format to eliminate ambiguity for title and lender reviewers.

Record signer capacity

If signing for an entity or under power of attorney, attach authority documentation to avoid closing delays.

Preserve audit trail

When using e-signatures, retain the certificate of completion that logs timestamps, IP, and authentication steps.

Typical eSignature vendor pricing and capability comparison

A neutral feature-and-price snapshot for common eSignature vendors. signNow appears first per vendor-ordering guidance.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year limit	Varies	Varies	Varies

FAQs and answers about Real Estate Sales Disclosures

Common questions about completing, signing, and delivering disclosures, with concise answers to reduce errors and delays.

Need help? Contact support

When must a disclosure be provided?
Provide the required disclosure according to state statute and contract terms—commonly at listing or within a specified number of days after contract acceptance. Failing to provide timely disclosures can trigger buyer remedies including rescission or damages.
Can disclosures be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws where adopted, provided intent, consent, attribution, and record retention requirements are satisfied.
Do I need a notary or witnesses?
Not all states require notarization for disclosures, but deeds and certain affidavits often do; Florida and some deed acknowledgements require witnesses. Verify state rules and attach notarizations when required to avoid recording rejection.
How long should I keep signed disclosures?
Retain signed disclosures for the transaction term and at least the minimum federal or state retention period—commonly 3–7 years. Longer retention may be required for tax, lender, or regulatory reasons.
What happens if I discover a new defect after signing?
Disclose it promptly in writing and provide an updated disclosure or amendment. Late disclosures may affect closing, require renegotiation, or expose the seller to liability for nondisclosure.
Is a digital signature sufficient for title companies?
Most title and escrow companies accept electronically signed disclosures when accompanied by a complete audit trail. Confirm with the title company if they require notarized originals or RON for specific documents.

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