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Real Estate Section 32 Form

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REAL ESTATE SECTION 32 FORM

Property Identification

Property Address:

Title Reference / Certificate of Title:    Parcel / APN:

Parties

Vendor Phone:    Vendor Email:

Sale Terms

Purchase Price: $    Deposit (Earnest Money): $

Proposed Settlement Date:    Possession Date:

Outgoings, Rates and Charges

Council Rates (annual): $    Water Rates (annual): $

Is the land subject to land tax payable by the owner?   Yes   No

Encumbrances, Notices and Restrictions

Are there registered mortgages, charges or encumbrances affecting title?   Yes   No

Are there registered easements, covenants, or restrictions on use?   Yes   No

Has any notice, order, direction or requirement been served by an authority in relation to the property (for building, planning, health or environment)?   Yes   No

Building Approvals, Renovations and Defects

Have building permits or approvals been issued for works to the property in the last 10 years?   Yes   No

Are there known structural defects, subsidence, infestation or other material defects?   Yes   No

Services and Utilities

Electricity: Connected    Gas: Connected    Sewerage: Connected

Water Supply: Connected    Telephone: Connected    Internet / Broadband: Available

Occupancy, Tenancies and Chattels

Is the property subject to a tenancy or licence at the time of contract?   Yes   No

Environmental, Heritage and Planning

Is the property affected by a planning overlay, heritage listing or contamination notice?   Yes   No

Disclosures

Lead paint present?   Yes   No

Mould or damp issues known?   Yes   No

Prior material damage (fire, flood, structural)?   Yes   No

Vendor's Declarations and Certification

The Vendor declares that, to the best of their knowledge and belief, the particulars contained in this Section 32 Form are true and correct as at the date signed below. The Vendor acknowledges that the Purchaser is entitled to rely upon the statements made in this document in entering into a contract for sale of the property.

The Vendor further warrants that all known material matters affecting the property have been disclosed, including but not limited to: encumbrances, notices, requirements of authorities, structural defects, and environmental hazards. Where the Vendor is not aware of particular matters, that fact is stated in the relevant section above.

Governing Law and Entire Statement

This Section 32 Form is provided by the Vendor in accordance with applicable law and statutory requirements in respect of disclosure to prospective purchasers. The statements contained in this form constitute the entire written disclosure made by the Vendor as at the date of signing; any oral representations made prior to signing are not relied upon unless expressly included herein.

Vendor:

By:

Date:

Purchaser:

By:

Date:

Enter text✕

What the Real Estate Section 32 Form Is and when it matters

The Real Estate Section 32 Form (commonly referred to as a vendor or property disclosure statement in some markets) collects material facts about a property that sellers must disclose to prospective buyers before a sale completes. It lists defects, encumbrances, easements, planning or zoning notices, and other conditions affecting title or use. While the specific name and statutory basis vary by jurisdiction, the form's function is consistent: to provide transparent information so buyers can make informed decisions and so sellers reduce later liability. Electronic delivery and signatures are widely used where permitted by law.

Why a clear Section 32-style disclosure is important

A complete disclosure reduces post-closing disputes, supports lender due diligence, and documents seller good faith. Accurate statements protect both parties, speed financing and title review, and create an audit trail when signed electronically under ESIGN and UETA frameworks.

Why a clear Section 32-style disclosure is important

Who typically prepares, reviews, and signs this disclosure

Sellers, listing agents, buyers, title companies, and lenders commonly interact with Section 32-style disclosures during a sale.

  • Listing agents and brokers verify inventory items and attach required disclosure exhibits before listing.
  • Buyers and buyer agents review disclosures to decide on inspections and contract terms.
  • Title companies and lenders use disclosures to surface liens, easements, and title exceptions early.

Stakeholders rely on accurate, timely disclosures to reduce closing delays and contractual disputes; electronic records provide reproducible proof of delivery and consent.

Primary signers and roles

Seller

The property owner(s) must complete factual fields and sign to attest accuracy. Misstatements can create contractual remedies or post-closing liability under state disclosure statutes and contract law.

Listing Agent

The broker/agent typically prepares the form with seller input, ensures required attachments are included, and may sign to confirm disclosures were provided to the buyer in compliance with brokerage duties.

Essential data fields to capture

Property Address: Full street address
Legal Description: Lot/parcel ID
Known Defects: Brief defect list
Encumbrances: Liens or easements
Attachments: Reports and maps
Seller Signature: Signed and dated

Filling out a Section 32-style disclosure: step-by-step

Follow these steps to prepare, verify, and deliver the disclosure so it supports a valid transaction and minimizes later disputes.

  • 01
    Gather records: Collect title, permits, and inspection reports.
  • 02
    Complete fields: Enter facts accurately using full legal names.
  • 03
    Attach exhibits: Include maps, liens, and municipal notices.
  • 04
    Deliver and sign: Provide to buyer before contract acceptance.

How to configure an online Section 32 workflow

Set up an electronic workflow to collect disclosures, evidence attachments, and signatures with clear authentication and storage rules.

Field Configuration
Authentication Email link or SMS code for signer verification
Signature Placement Lock signature fields after signing
Conditional Fields Reveal items only when triggers are met
Storage Save signed PDF and audit trail

Typical online signing flow for the disclosure

A standard e-signature flow ensures document integrity, signer attribution, and an audit trail required for enforceability under U.S. e-signature law.

  • Upload Document: Prepare PDF with fillable fields.
  • Assign Signers: Add seller and agent email addresses.
  • Authenticate: Use email link or SMS code.
  • Complete Signing: System issues signed PDF and audit log.

Technical considerations for eDelivery and eSigning

Choose a platform that supports required file types, authentication strength, and the compliance frameworks you need.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • File Types: PDF, DOCX, HTML supported
  • Authentication: Email, SMS, or advanced methods

Ensure chosen platform provides audit trails, secure storage (AES-256), and regulatory compliance matching your transaction risk profile.

Core elements to include in a professional Section 32-style form

A comprehensive disclosure form groups key information clearly so buyers, lenders, and title insurers can review material facts without ambiguity.

Property Details

Complete street and legal descriptions, parcel or tax ID, and any unit numbers so the record unambiguously identifies the subject property for title and tax checks.

Title Exceptions

List mortgages, judgments, tax liens, and recorded easements with recording references to help underwriters and lenders evaluate insurability.

Known Defects

Disclose structural, water, pest, environmental, or utility issues with discovery dates and any repair history to prevent later rescission claims.

Zoning and Notices

Note zoning classification, pending municipal notices, or code violations that materially affect permitted use or redevelopment prospects.

Attachments

Attach supporting documents such as inspection reports, HOA statements, survey plats, and municipal permits that substantiate disclosure entries.

Signature and Attestation

Provide space for seller signatures, printed names, dates, and an attestation clause confirming accuracy under penalty of contract remedies.

Common pitfalls when preparing the form

  • Using vague language like "no known issues" without substantiation which invites buyer challenges and potential claims.
  • Failing to attach critical documents such as surveys or inspection reports that would corroborate or qualify statements made on the form.
  • Entering inconsistent legal names or partial names that delay closing due to mismatch with title records and lender requirements.
  • Delivering the disclosure after contract execution instead of prior to buyer acceptance, which may violate local disclosure rules and void seller protections.

Consequences of incomplete or inaccurate disclosure

Contract Rescission: Possible
Monetary Damages: Potential
Title Insurance Issues: Coverage delayed
Regulatory Fines: By state agencies
Closing Delays: Likely
Reputational Harm: Broker liability

Real-world examples of disclosure use

These concise examples show how accurate disclosure and e-signature workflows reduce friction and risk in typical transactions.

Broker-managed Sale

A listing broker assembled seller disclosures and inspection reports before listing to avoid surprises at offer stage.

  • Broker used an online signing link to capture seller signatures in 24 hours.
  • Early disclosure prevented renegotiation after inspection and kept escrow on schedule, reducing lender re-underwrite delays.

Lender Review

A mortgage underwriter requested clarification on a drainage easement recorded against the parcel.

  • Seller uploaded recorded easement and attested to maintenance history.
  • Providing the recorded exhibit and signed disclosure allowed the lender to clear the title condition and proceed with funding.

Comparing eSignature vendors for Section 32 workflows

Vendor pricing and feature trade-offs matter for disclosure workflows. signNow appears first for direct comparison; verify enterprise terms before purchase.

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 trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical tips to ensure accuracy and enforceability

Adopt a consistent process to prepare, verify, and archive disclosures so they remain defensible and actionable.

Verify identity
Confirm seller identity matches title records; consider SMS or ID credential checks for higher-risk transactions to improve attribution under ESIGN and UETA.
Document attachments
Attach supporting evidence (inspections, surveys, recorded instruments) rather than summarizing; attachments materially reduce ambiguity and speed underwriting.
Timestamp and audit
Use an e-signature platform that records timestamps, IP addresses, and signer events to create a reproducible audit trail for dispute resolution.
Maintain version control
Avoid editing signed documents; if corrections are needed, execute an amendment or new disclosure with clear effective dates and signatures.

Timing and typical deadlines for delivering disclosures

Timing expectations vary by jurisdiction and contract terms; these common timing points help plan delivery and review.

Prior to contract acceptance:

Deliver disclosures before the buyer signs purchase contract when required by local law.

Allow review time:

Provide reasonable time for inspections and lender review before removing contingencies.

Record delivery:

Document the delivery date in the contract or digital audit trail for future reference.

Respond promptly:

Address buyer queries or corrections within days to avoid contract renegotiation.

Close coordination:

Ensure disclosures are included in closing packages to prevent last-minute title exceptions.

Frequently asked questions about the Real Estate Section 32 Form

Answers to common questions about preparation, signature validity, and evidence retention for disclosure forms in U.S. transactions.


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