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Real Estate Seller's Affidavit

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REAL ESTATE SELLER'S AFFIDAVIT

This Seller's Affidavit is made by the undersigned Seller(s) to Buyer and to the closing agent in connection with the sale and conveyance of the real property described below. The Seller(s) solemnly declare under penalty of perjury and state that the representations and certifications contained in this affidavit are true and complete to the best of Seller's knowledge as of the date of signature.

Property Identification

Parcel / APN:

County:

Parties

Certifications and Representations of Seller

1. Ownership and Authority: Seller affirms that Seller is the sole legal owner of the Property and has full power and authority to convey the Property free and clear of any claims by Seller. Seller has not granted any option, contract, or other agreement to convey the Property to any third party except as disclosed in Exceptions and Attachments:

2. Liens and Encumbrances: Except for those liens and encumbrances to be paid at closing or those of record and disclosed to Buyer, Seller knows of no mortgages, judgments, tax liens, mechanic's liens, or other encumbrances affecting the Property other than:

3. Taxes and Assessments: Seller certifies that all real property taxes and assessments for which Seller is responsible have been paid through: . Seller further certifies there are no pending assessments or special tax proceedings affecting the Property except as disclosed:

4. Tenancies and Possession: Seller certifies that possession at the time of closing will be delivered as follows: . Seller further certifies that there are no undisclosed leases, oral or written, affecting the Property other than:

5. Litigation and Condemnation: Seller knows of no pending or threatened litigation, administrative proceeding, or condemnation action affecting the Property or Seller's ability to sell the Property except:

6. Compliance with Laws and Permits: All improvements on the Property were constructed in compliance with applicable building permits and codes to Seller's knowledge. Seller discloses the following unpermitted improvements or code violations:

7. Environmental Matters: Seller certifies to the best of Seller's knowledge that there are no environmental hazards, underground storage tanks, hazardous waste disposal, or regulated contaminants on, under, or migrating from the Property except as disclosed:

Disclosures

Lead-Based Paint Disclosure (if dwelling built prior to 1978): Was the dwelling built prior to 1978?

If yes, Seller certifies that Seller has provided the Buyer the federally required lead-based paint disclosure and any available records or reports:

Mold or Water Intrusion: Seller discloses known mold, water intrusion, or chronic moisture issues: If yes, describe:

Homeowners' Association / Covenants: Is the Property subject to any homeowners' association, covenants, conditions, or restrictions? If yes, dues current through:

Exceptions and Attachments

Indemnity, Remedies and Miscellaneous

Seller agrees to indemnify and hold harmless Buyer and Buyer’s title insurer and closing agent from and against any loss, liability, or cost (including reasonable attorneys' fees) arising from any falsehood, omission, or breach of the representations and warranties contained in this Affidavit, provided that Buyer provides Seller prompt written notice of any claim and reasonable opportunity to defend or cure.

Remedies: The remedies available to Buyer for breach of this Affidavit shall include, without limitation, specific performance, rescission, and monetary damages. In any action to enforce this Affidavit, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

Governing Law; Entire Agreement: This Affidavit shall be governed by and construed in accordance with the laws of the state where the Property is located. This Affidavit constitutes the entire agreement of the parties with respect to the matters herein and may be amended only by a written instrument signed by Seller and Buyer.

Severability: If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Jurat

Seller declares under penalty of perjury under the laws of the applicable jurisdiction that the foregoing representations are true and correct. Executed this day of , in , State of .

Seller:

Buyer:

Seller Printed Name:

Seller Signature:

Date:

Buyer Printed Name:

Buyer Signature:

Date:

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What a Real Estate Seller's Affidavit Is

The Real Estate Seller's Affidavit is a sworn statement completed by a property seller to confirm facts about the title, ownership, occupancy, and any encumbrances affecting the property being conveyed. Typical elements include the seller's identity, marital status, representations about liens or judgments, statements on compliance with disclosure obligations, and confirmation of authority to transfer title. Lenders and title companies commonly require the affidavit at closing to clear title issues and permit insurance. The affidavit is usually signed under penalty of perjury and frequently notarized or remotely notarized where state law allows.

Why the Seller's Affidavit Matters at Closing

A Real Estate Seller's Affidavit helps establish clear title, reduces closing delays, and provides title insurers and lenders with sworn attestations about ownership, liens, and disclosures. Properly completed affidavits limit post-closing disputes and streamline underwriting and settlement processes.

Why the Seller's Affidavit Matters at Closing

Core components found in a professional Seller's Affidavit

A professional Real Estate Seller's Affidavit contains consistent, verifiable statements tied to recorded documents, notarization, and clear signer authority to reduce exceptions and insurer queries.

Affirmations

Clear sworn statements on ownership, title defects, and seller authority. Affirmations should reference specific instruments and state material facts under penalty of perjury to satisfy title examiners.

Legal Description

Full recorded legal description from deed or plat, including parcel identifiers, metes-and-bounds text, or subdivision references. Exact wording avoids property misidentification and recording errors.

Encumbrance Disclosure

List all known liens, mortgages, easements, judgments, and tax liabilities. Attach payoff statements or release documents where possible to resolve title exceptions prior to closing.

Marital Status

State seller's marital status and community property claims. If spouse signature or quitclaim is required, provide related documentation to clear spouse interest.

Signature & Notary

Provide seller signature, date, and notary acknowledgement. If RON is used, include audio-video log details and notary certificate per state law.

Supporting Exhibits

Attach copies of deed, title commitment, payoff letters, and any agent authorizations. Exhibits provide immediate verification and reduce follow-up requests.

Required information and fields on the affidavit

Seller Name: Full legal name as on ID
Property Address: Street, city, state, ZIP
Legal Description: Parcel, lot, or deed reference
Liens and Encumbrances: List mortgages, judgments, easements
Marital Status: Spouse name or marital waiver
Signature and Date: Signature and date MM/DD/YYYY

Step-by-step: completing the Seller's Affidavit

Follow these steps to complete a Real Estate Seller's Affidavit accurately and reduce delays at closing.

  • 01
    Prepare: Gather deed, title report, and ID for verification.
  • 02
    Complete Fields: Enter seller, property, and lien details in required sections.
  • 03
    Sign: Seller signs under penalty of perjury; use legal name.
  • 04
    Notarize & Submit: Notarize or use RON if allowed; send to title company.

Typical online workflow settings for affidavits

Typical online setup options for a Real Estate Seller's Affidavit workflow — use these settings when automating the form.

Field Configuration
Primary signer authentication and verification method Email link, SMS code, or knowledge-based (KBA) verification
Field validation and formatting rules Make name and address required; dates MM/DD/YYYY
Notarization and remote notarization options Include notary block or enable RON where state law permits
Post-completion routing and notifications Auto-send signed PDF to title, lender, and seller

Where to send the executed affidavit

After signing, route the Real Estate Seller's Affidavit to title, lender, and closing parties per contract and local practice.

  • Title Company: Deliver original or certified copy for title insurance and closing file.
  • Lender: Provide executed affidavit to lender for underwriting and loan funding.
  • Escrow/Closing: Include affidavit in escrow package and closing statement.
  • County Recorder: Generally not recorded; keep with closing records unless required by local rule.

Technical requirements for digital signing and eSubmission

Digital signing and eSubmission speed closing; configure authentication, notary support, and secure delivery to meet lender and title company policies.

  • Supported Formats: PDF and DOCX accepted
  • Integrations: Connects with CRM, cloud storage, and closing platforms
  • Authentication Options: Email, SMS code, or enhanced verification

Timelines and processing expectations

Key timing expectations for submitting a Real Estate Seller's Affidavit to avoid closing delays and lender underwriting holds.

When to Provide:

Typically at or before closing, often requested during final title review

Notarization Window:

Notarize on signing day or per title company instructions

Title Company Review:

Allow one to five business days for title to verify statements

Lender Processing:

Underwriting may require immediate review; funding tied to cleared affidavits

Corrections & Re-sign:

Correct errors promptly; re-signatures can delay closing by days

Key milestones and processing stages

Sequential milestones from drafting to final underwriting clearance help teams coordinate affidavit execution and prevent last-minute closing issues.

01

Draft and Review

Prepare affidavit draft and confirm supporting documents attached.

02

Sign and Notarize

Seller signs and notary completes acknowledgement or RON session.

03

Deliver to Title

Send executed affidavit and exhibits to title company and escrow.

04

Underwriting Clearance

Title underwriter reviews and clears exceptions or requests corrections.

Common mistakes that delay closing

  • Leaving fields blank or writing ambiguous descriptions (e.g., 'personal reasons') leads to title exceptions, underwriting holds, and requests for corrected affidavits that delay closing.
  • Using informal or nickname variations of the seller's name can cause TIN mismatches, lender rejections, and requirement for notarized name affidavits or corrective instruments.
  • Failing to list mortgages, judgments, or unpaid taxes—even if believed satisfied—can trigger title exceptions; provide documentation of payoff or release when available.
  • Not checking state-specific witness or notary rules and attempting remote notarization where prohibited can invalidate the affidavit or require re-execution.

Penalties and risks for incorrect affidavits

Delayed Closing: Funding and settlement postponed
Title Exceptions: Insurance exclusions or added requirements
Underwriting Holds: Lender may suspend funding
Criminal Liability: Perjury charges for false statements
Additional Fees: Costs for corrections and notary reissues
Tax Withholding: Backup withholding risk with TIN mismatches

Practical tips for accurate, efficient completion

Practical practices to complete seller affidavits accurately, minimize follow-up questions, and prevent underwriting or recording issues at closing.

Verify seller legal names and ID documents
Compare the seller's name, date of birth, and government ID to the deed and purchase agreement. Resolve any discrepancies before notarization; mismatches commonly trigger lender holds or require supplemental affidavits.
Attach deed, title commitment, and payoff letters
Include copies of the recorded deed, title commitment page, and payoff or release letters for listed encumbrances. Providing exhibits at signing reduces follow-up and supports swift title underwriting and issuance of owner's policy.
Use clear language and exact recorded text
Avoid vague terms such as 'to our knowledge' or 'reasonable efforts.' State affirmative facts or 'none known' where appropriate. Clear, specific phrasing helps examiners and reduces requests for clarification or re-execution.
Confirm notary and witness rules before signing
Check state and county requirements for witnesses and notarization, especially for deeds and affidavits used in closing. If RON is used, ensure the notary and technology meet state identity-proofing and recording requirements.

Real-world examples of affidavit workflows

Real-world examples show how seller affidavits are collected, verified, and stored to accelerate closings and reduce manual errors.

Martin Properties

Martin Properties needed to collect executed seller affidavits for remote closings.

  • Tim Martin, Founder.
  • "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."

Optica Ventures LLC

A small title agency automated affidavit collection to reduce in-person signings and clerical follow-up.

  • Brian Fitzgibbons, COO.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

How the Seller's Affidavit differs from related documents

Quick comparison of the Real Estate Seller's Affidavit against closely related documents to clarify purpose and when each is used.

Document Purpose Typical effect
Seller's Affidavit sworn statement supports title
Affidavit of Title title history clears exceptions
Deed conveys title transfers ownership
Bill of Sale personal property transfers goods

eSignature vendor pricing comparison relevant to affidavits

Vendor pricing and feature comparison focused on common eSignature requirements for executing Real Estate Seller's Affidavits, including price, trial availability, bulk sending, audit trails, and HIPAA support.

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 plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Varies by plan Varies by plan Varies by plan Varies by plan

Who is authorized to sign the affidavit

Seller (Individual)

The individual seller must sign the affidavit in their legal name and may be required to appear before a notary. If an entity sells, an authorized officer or agent signs with evidence of authority such as a corporate resolution or power of attorney.

Closing Attorney

Closing attorneys or escrow officers often sign as preparers or witnesses and certify that they reviewed title documents. Their signature does not replace seller’s sworn statement but supports closing by confirming procedural compliance and identity checks.

Who prepares and relies on the Seller's Affidavit

Sellers, closing agents, title officers, and lenders commonly prepare or request a Real Estate Seller's Affidavit during the sale process.

  • Property seller: completes affidavit confirming ownership, marital status, and absence of undisclosed encumbrances.
  • Title company: reviews statements to clear title and issue owner’s policy of title insurance.
  • Lenders and escrow officers: require affidavits to verify collateral status and satisfy underwriting requirements.

The affidavit also supports insurers, escrow officers, and attorneys who need sworn facts to resolve title or lien questions before closing.

Frequently asked questions and troubleshooting

Answers to common legal, technical, and procedural questions about completing and submitting a Real Estate Seller's Affidavit.


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