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Real Estate Seller Disclosure

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REAL ESTATE SELLER DISCLOSURE

Seller and Property Identification

Contact for Disclosure Questions

Disclosure of Known Conditions — General Instruction

The Seller must disclose, to the best of Seller's actual knowledge, material facts affecting the condition of the property. For each item below, check Yes if the Seller knows of the condition, No if Seller knows the condition does not exist, or Not Sure if Seller has no actual knowledge. If Yes or Not Sure is checked, provide an explanation in the space provided. These disclosures are made by Seller and are not a substitute for Buyer inspecting the property or obtaining professional inspections.

Condition Statements

Structural systems (foundation, walls, framing)

Roof (leaks, age, repairs)

Plumbing systems (piping, sewage, leaks)

Electrical systems (wiring, panels)

Heating / Air conditioning systems

Septic / Sewer systems

Water intrusion / drainage / flooding

Pest infestation / wood destroying organisms

Hazardous materials (asbestos, lead, radon, mold)

Additions, alterations, or repairs without permits

Previous insurance claims or major repairs

Encumbrances, easements, zoning or legal actions affecting property

Homeowners association (HOA) or covenants, conditions & restrictions (CC&R)

Lead-Based Paint (If built before 1978)

If the property was built prior to 1978, federal law requires disclosure of any known lead-based paint and any known lead-based paint hazards. Indicate known status below.

Other Material Facts

Disclose any other material facts or conditions not addressed above that may affect the value, safety, use, or desirability of the property.

Seller's Certification and Legal Notices

I/We the Seller(s) certify under penalty of perjury that, to the best of my/our actual knowledge as of the date of this disclosure, the information herein is true and complete. I/We acknowledge that this disclosure is not a warranty of condition, that Buyer should obtain inspections and investigations as Buyer deems appropriate, and that failure to disclose material facts known by Seller may result in legal liability under applicable law. Seller has not made representations as to items within the exclusive knowledge of third parties unless expressly stated. Seller authorizes the use of this disclosure in connection with the sale of the property described herein.

Remedies and limiting provisions: Except as otherwise provided by law, remedies for breach of this disclosure may include contract rescission, damages, or other relief. This disclosure shall be interpreted consistent with applicable state law governing real property disclosures. This document constitutes the entire written disclosure made by Seller regarding the matters contained herein and supersedes any prior oral or written statements regarding those matters.

Notice regarding accuracy: Seller is obligated only to disclose matters within Seller's actual knowledge. Any statements about age, size, capacity, cost, or life expectancy of systems or components are approximate and should be verified by Buyer through inspection or other means.

Acknowledgment of Receipt by Prospective Buyer (Optional)

By signing below, the Seller certifies the truthfulness of these disclosures. The Buyer(s) may sign to acknowledge receipt of this disclosure but such signature does not constitute acceptance of the statements as fact beyond acknowledging receipt.

Seller Printed Name:

By:

Date:

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What a Real Estate Seller Disclosure Is and Why It Matters

A Real Estate Seller Disclosure is a written statement provided by a property seller that describes known material defects, past repairs, environmental conditions, and other facts affecting the property’s condition. It creates a record of representational statements about the home, appliances, systems, and legal encumbrances to inform buyers and support due diligence during a transaction. Sellers typically complete the disclosure when listing or negotiating a sale; requirements and form names vary by state. Accurate disclosures reduce post‑closing disputes and help ensure compliance with state real estate statutes and common‑law duties.

Why Accurate Seller Disclosures Matter to the Transaction

A clear disclosure protects buyers by revealing known issues and protects sellers by documenting what was disclosed. It supports good faith negotiations and can reduce liability by creating a contemporaneous written record of seller statements and buyer acknowledgements.

Why Accurate Seller Disclosures Matter to the Transaction

Who Completes and Relies on the Seller Disclosure

The Seller Disclosure is completed by the property seller and used by listing agents, buyers, and closing agents to evaluate property condition and negotiate remedies.

  • Property sellers — provide factual answers about the property and known defects.
  • Listing brokers — collect disclosure, attach to listing materials and offers.
  • Buyers and buyer agents — review disclosures during inspection and contingency periods.

Accurate completion supports title companies, lenders, and insurance underwriters who may rely on disclosure answers during underwriting and closing processes.

Step-by-Step: Completing the Seller Disclosure

Follow this sequence to prepare a complete Seller Disclosure and reduce closing delays.

  • 01
    Gather records: Collect permits, repair receipts, and inspection notes.
  • 02
    Answer fully: Respond honestly to each checkbox and narrative item.
  • 03
    Attach exhibits: Include photos, invoices, or prior inspections where requested.
  • 04
    Sign and date: Seller signs the completed form before delivery to buyer.

Key Elements to Include in a Professional Seller Disclosure

A thorough disclosure follows common structural elements so buyers and agents can find important facts quickly and consistently.

Identification

Property and seller identification should appear at the top of the form and match deed and listing records to avoid ambiguity during title and escrow processing.

Systems and Components

Separate sections for roof, HVAC, plumbing, electrical, and appliances with checkboxes and short narrative fields provide consistent visibility into each major system.

Environmental Issues

Disclose known environmental conditions such as lead paint, asbestos, radon, floodplain location, or previous mold remediation and include dates and reports where available.

Structural and Water Damage

Provide factual statements about past or current structural repairs, foundation issues, drainage, and any history of flooding, including remediation measures taken.

Legal and Title Matters

Note easements, liens, boundary disputes, HOA violations, or pending litigation that materially affect the buyer’s use or title transfer.

Supplemental Documents

Attach supporting records such as inspection reports, permits, contractor invoices, and warranties to substantiate answers and improve buyer confidence.

Required Data Elements on the Seller Disclosure

Seller name: Full legal name
Property address: Street and unit
Disclosure date: MM/DD/YYYY
Material defects: Concise descriptions
Repair details: Dates and vendors
Signatures: Seller signature(s)

Where to Send and How the Disclosure Travels

Distribute the completed disclosure to the buyer, buyer’s agent, listing broker, and the escrow or title company as part of the transaction package.

  • Buyer: Primary recipient for review and contingencies
  • Buyer agent: Receives for inspection scheduling
  • Listing broker: Files disclosure with transaction records
  • Title/escrow: Included in closing documents

Digital Signing and Delivery: Platform Considerations

Choose a digital platform that provides audit trails, signer attribution, and the ability to attach exhibits and versioned files.

  • Audit Trail: IP, timestamp recorded
  • File formats: PDF and DOCX supported
  • Integrations: Works with escrow software

Common Timing Points for Delivering Disclosures

Timing varies by state and contract; below are common transaction deadlines and expectations to watch for.

At listing or prior to offer:

Provide disclosures when listing or upon buyer inquiry

Before contract acceptance:

Sellers often supply full disclosure before accepting offers

Inspection contingency window:

Buyers review disclosures during inspection period

Before closing:

Final disclosures must be accessible to escrow and title

State-specific deadlines:

Some states impose defined delivery timelines

Typical Transaction Milestones Involving the Seller Disclosure

A seller disclosure interacts with core milestones from listing through closing; track each step carefully to meet contingencies.

01

Listing Prepared

Seller completes disclosure and gathers supporting records.

02

Offer & Acceptance

Buyer reviews disclosure before or immediately after offer.

03

Inspections Completed

Inspection findings compared against disclosure answers.

04

Closing Package

Disclosure filed with title/escrow and retained.

Common Mistakes to Avoid When Preparing the Disclosure

  • Leaving narrative fields blank or entering only 'unknown' when the seller has relevant information or records.
  • Failing to attach available repair receipts, permits, or inspection reports that substantiate answers.
  • Using inconsistent names or addresses that do not match deed, title, or escrow instructions.
  • Delaying delivery until late in escrow, which can trigger buyer remedies or delay closing.

Risks and Potential Consequences for Inaccurate Disclosures

Contract rescission: Buyer may rescind
Monetary damages: Liability for concealed defects
Closing delays: Title or escrow holds
Insurance denial: Coverage disputes possible
Regulatory fines: State penalties may apply
Reputation risk: Broker and seller exposure

Real-World Examples of Digital Disclosure Workflows

These examples illustrate how sellers and brokers use digital workflows to collect disclosures and supporting documents efficiently.

Tim Martin — Martin Properties

A broker closed transactions remotely using a digital signing workflow to collect disclosures and exhibits.

  • Tim Martin noted the ability to process documents online and maintain compliance.
  • The operation reduced in‑person meetings and improved the speed of returning disclosures to buyers and escrow, supporting smoother closings.

Brian Fitzgibbons — Optica Ventures LLC

A small portfolio manager digitized disclosure delivery to tenants and buyers.

  • The team emphasized improved usability for clients and staff.
  • Digital delivery standardized responses, ensured attachments were complete, and created a clear audit trail for later review.

eSignature Vendor Comparison for Completing and Submitting Disclosures

Basic pricing and feature points for common eSignature vendors to consider when selecting a platform for seller disclosures.

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, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Varies Varies Varies Varies

Frequently Asked Questions About Seller Disclosures

Answers to common questions about completion, delivery, legal effect, and electronic submission of seller disclosures.


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