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Real Estate SD and LBP

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REAL ESTATE SELLER'S DISCLOSURE AND LEAD-BASED PAINT DISCLOSURE

Parties and Effective Date

Seller Name:

Buyer Name:

Effective Date: Month Day Year

Property Identification

Transaction and Timing

Financing Contingency Period:    Inspection Period:

Anticipated Closing Date:    Possession Date:

Seller's Representations and Disclosures

The Seller represents, to the best of Seller's knowledge as of the Effective Date, that the following statements are true. Seller shall not knowingly withhold material facts that would affect the value or desirability of the property.

Are you aware of any material defects, structural issues, or significant repairs required? Yes No

Is the property known to have water intrusion, flooding, or unresolved water damage? Yes No

Known pest or termite infestation history? Yes No

Has any portion of the property been repaired or reconstructed following material damage (fire, flood, earthquake)? Yes No

Are there any known building code violations or permits unresolved? Yes No

Known environmental hazards on the property (asbestos, underground tanks, contaminated soil)? Yes No

Lead-Based Paint (LBP) Disclosure

Federal law requires that Sellers of residential properties built before 1978 provide a lead-based paint disclosure. The Seller must disclose any known information concerning lead-based paint and provide any available records or reports.

Year the dwelling was built:

Was the dwelling built before 1978? Yes No

Is the Seller aware of any known lead-based paint or lead-based paint hazards in the dwelling? Yes No

Are any lead-based paint records or reports available to the Seller? Yes No

Has the Buyer been provided with any lead-based paint information and the disclosure required by law? Yes No

Inspections, Remedies, and Closing Conditions

Buyer shall have the stated inspection period to conduct all inspections, tests, and investigations. Seller shall permit reasonable access for inspections. If material defects are discovered, Buyer may: (a) accept the property as-is in writing; (b) require Seller to cure specified defects prior to closing; or (c) terminate the transaction within the inspection period and receive return of earnest money, subject to the purchase agreement.

Default, Indemnification and Survival

If Buyer or Seller defaults under the purchase agreement, the non-defaulting party may pursue all remedies provided at law or in equity, including specific performance, damages, and recovery of reasonable attorneys' fees and costs if authorized by agreement or statute. Seller agrees to indemnify Buyer for losses arising from Seller's intentional misrepresentation or material omission in this Disclosure.

Governing Law and Entire Agreement

This Disclosure shall be governed by the laws of the state in which the property is located. This Disclosure, together with the purchase agreement and any addenda, constitutes the entire agreement between the Parties concerning the matters set forth herein and supersedes all prior agreements and understandings with respect to such matters.

Acknowledgment and Certification

The Seller certifies under penalty of perjury under the laws of the governing state that, to Seller's best knowledge after reasonable inquiry, the statements made in this Disclosure are true and complete. The Buyer acknowledges receipt of this Disclosure and any available lead-based paint records prior to or at execution of the purchase agreement.

Seller Printed Name:

Buyer Printed Name:

Seller Signature:

Buyer Signature:

Date (Seller):

Witness / Agent Printed Name:

By:

Date (Buyer):

Enter text✕

What the Real Estate SD and LBP Are

The Real Estate SD and LBP combines a seller disclosure (SD) about property condition with the Lead-Based Paint (LBP) disclosure required for housing built before 1978. The SD documents known defects and material facts about the property; the LBP disclosure notifies buyers about lead hazards or available reports. Together these forms support buyer informed consent, allocate risk, and create a record for closing and post-closing issues.

Why accurate SD and LBP completion matters

Accurate disclosure reduces legal risk, clarifies seller obligations, and preserves buyer remedies. Properly completed SD and LBP records support compliance with federal LBP rules and state disclosure laws while improving transaction certainty.

Why accurate SD and LBP completion matters

Who prepares and reviews these disclosures

Several parties are involved in preparing, delivering, and relying on the SD and LBP; roles differ by transaction type and state law.

  • Listing agents or brokers prepare and confirm seller statements and ensure disclosure delivery to buyers before contract execution.
  • Sellers complete factual responses about property condition and sign the disclosure acknowledging accuracy and knowledge limits.
  • Buyers review disclosures, may order inspections, and retain the disclosure as part of the closing file and due diligence records.

Keep documented delivery and acceptance dates to evidence compliance and to start any statutory notice or cure periods.

Typical signatories and roles

Seller — Owner

Sellers must state known defects and answer condition questions truthfully. Their signature attests to knowledge as of the effective date and may be relied upon by buyers and title companies during closing.

Agent — Broker

Listing brokers confirm delivery and may insert clarifying language; they must follow state disclosure rules and preserve evidence of distribution to buyers and cooperating brokers.

Core elements included in a professional SD and LBP packet

A complete packet combines factual questions, checkbox items, explanatory notes, and signature blocks to create a clear, reproducible record for both buyer and seller.

Property identification

Street address, parcel or tax ID, and unit number when applicable, to tie the disclosure to a specific legal property description.

Condition checklist

Sequential questions covering structural, mechanical, environmental, and pest issues with space for narrative explanations.

Lead disclosure

Statutory language about pre-1978 housing, statement of any known lead reports, and buyer acknowledgment of received materials.

Known exceptions

Areas where seller disclaims knowledge (e.g., no prior inspection) or identifies repairs, with dates and contractor details when available.

Signature and date

Signature lines for seller(s), date fields, and witness or notarization area when required by state law.

Delivery records

Space for buyer initials, receipt date, and agent certification that materials were provided prior to contract execution.

Essential data fields to capture

Seller name: Full legal name
Property address: Street, city, state, ZIP
Year built: Four-digit year
LBP status: Known/Unknown/Report
Sign date: MM/DD/YYYY
Delivery method: Electronic or in-person

How to complete and exchange the SD and LBP

Follow these sequential steps to prepare, sign, and deliver the disclosures so they form an auditable record prior to contract closing.

  • 01
    Prepare the packet: Populate property details and answer condition checklist fully.
  • 02
    Attach lead reports: Upload any lead inspection or remediation reports and list dates.
  • 03
    Obtain seller signature: Collect seller signature and date on each required page.
  • 04
    Provide to buyer: Deliver disclosure before acceptance and record delivery method.

Typical disclosure delivery and record flow

This flow shows the usual handoffs from preparation to retention for closing and audit purposes.

  • Drafting: Agent or seller completes disclosures and uploads attachments.
  • Signing: Seller signs electronically or on paper; witness/notary added if required.
  • Delivery: Packet delivered to buyer and escrow or title company.
  • Retention: Signed copies stored in closing file and retained per retention policy.

Configuring an online SD and LBP workflow

Typical digital workflow settings ensure correct routing, signer authentication, and attachment management for the disclosure packet.

Field Configuration
Signer order Seller first, then buyer, then title/escrow
Authentication Email + optional SMS code for additional verification
Attachments Require PDF upload for lead reports
Audit trail Enable IP, timestamp, and action logging

Technical considerations for e-signing and e-delivery

Choose a platform that supports enforceable e-signatures, document retention, and appropriate signer authentication.

  • File formats: PDF and DOCX supported
  • Integrations: Works with MLS, title, and cloud storage
  • Security: TLS and AES-256 encryption

Ensure the platform can record consent, produce an audit trail, and retain a tamper-evident copy that meets ESIGN and state documentary requirements.

Key timing points and deadlines to track

Monitor these critical dates to ensure disclosures are effective and avoid transactional delays or statutory problems.

Disclosure delivery:

Provide SD and LBP before buyer's offer acceptance when required by contract or state law

Buyer inspection period:

Start date often tied to delivery date; review contract for exact days

Contract contingency removal:

Buyer must remove contingencies within contract timelines after receiving disclosures

Closing:

Signed disclosures become part of the closing package and are retained by escrow/title

Post-closing disputes:

Retention of signed disclosures supports defense for a multi-year statutory window

Milestones from preparation through post-closing retention

Numbered milestones help track action items and legal hold obligations across the transaction lifecycle.

01

Prepare disclosure

Seller completes forms and gathers any available lead reports.

02

Sign and date

Obtain signatures and date stamps from all sellers.

03

Provide to buyer

Deliver packet and document method and date of delivery.

04

Store signed copy

Place executed copy in closing file and retain per retention policy.

Common pitfalls to avoid when preparing SD and LBP

  • Incomplete address or tax parcel information creates mismatches with title records and can delay closing.
  • Vague or evasive answers about repairs invite later dispute; provide dates and contractor names when available.
  • Failure to attach or reference existing lead reports for pre-1978 properties risks federal disclosure noncompliance.
  • Not documenting the delivery method or buyer receipt undermines proof of compliance if later challenged.

Consequences of incorrect or missing disclosures

Contract rescission: Buyer may cancel transaction
Monetary damages: Potential compensatory and consequential claims
Regulatory fines: State or federal penalties for LBP violations
Title issues: Title insurer may delay or deny coverage
Closing delays: Escrow holds or cure conditions
Reputational risk: Broker and seller reputation affected

Selected eSignature vendor pricing and capability snapshot

Compare common pricing and capability dimensions across vendors. signNow is listed first per vendor-ordering guidelines; verify vendor plans for detailed feature parity.

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

Practical examples showing common workflows

These concise case summaries illustrate how SD and LBP disclosures function in routine transactions.

Residential Sale — Agent-led

Agent prepares SD and LBP forms based on seller answers and property records.

  • Seller provides a 2015 secondary paint test report.
  • The agent delivers the packet to buyer and escrow, records delivery date, and retains signed copies in the closing file for future reference.

Investment Property — Lender Review

Seller uploads SD, LBP, and inspection documents to the lender portal during underwriting.

  • Lender conditions funding on full disclosure and remediation estimates.
  • The lender confirms receipt, escrow holds funds until conditions satisfied, and all signed documents remain in loan servicing records.

FAQs and troubleshooting for SD and LBP completion

Answers address common questions about e-signatures, notarization, lead disclosure applicability, and record retention for SD and LBP.


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