Is an electronic signature valid?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are legally binding if the parties demonstrate intent, consent, attribution, and retention capability.

Must the declaration be notarized?

Notarization requirements vary. Many states require notarization for deeds but not always for disclosure forms; check state rules and the purchase contract to determine necessity.

Can I update the declaration after signing?

If new material facts arise before closing, provide an amended declaration and ensure all parties receive and acknowledge the update; retain both versions in the closing file.

What happens if a seller omits a defect?

Omissions can lead to buyer claims, rescission, or damages depending on contract terms and state law. Accurate disclosures reduce litigation risk and support title insurance underwriting.

Are remote online notarizations acceptable?

Many states permit Remote Online Notarization (RON) with identity proofing and recorded audio-video; confirm your state’s notary rules before relying on a remote notarization.

Who should keep the signed declaration?

Retain copies in seller, buyer, title, and escrow records. Follow retention rules for tax, HIPAA, and state-specific requirements to ensure compliance.

Electronic Signature
Templates
Real estate
Real Estate Sellers Property Declaration

Real Estate Sellers Property Declaration

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE SELLER'S PROPERTY DECLARATION

Property Address:

Parcel / APN Number: Date of Declaration:

Seller Identification

Seller Full Legal Name Seller Mailing Address

Seller Phone

Seller Email

Property Identification & Legal Description

Legal Description (if available) List of Attached Documents (e.g., permits, reports)

Disclosure Questions (Check the box that applies and provide explanation where indicated)

1. Has the property ever sustained water intrusion, flooding, or material mold condition?
Yes No

If Yes, describe repairs, dates, and parties who performed repairs

2. Are there known structural defects or foundation issues?
Yes No

If Yes, describe

3. Roof condition: Has the roof been repaired or replaced within the last 10 years?
Yes No

If Yes, provide date and scope of work

4. Plumbing, electrical or HVAC systems: known defects or modifications without permits?
Yes No

If Yes, describe locations, work performed, and whether permits were obtained

5. Is the property located in a designated flood plain or subject to flood insurance requirements?
Yes No

If Yes, identify flood map and any claims made

6. Are there known environmental hazards (asbestos, lead-based paint, underground tanks, contaminated soil, radon)?
Yes No

If Yes, specify type, location, testing and remediation performed

7. Are there current or pending notices of code violations, assessments, or municipal actions affecting the property?
Yes No

If Yes, provide copies and describe status

8. Are there disputes or claims regarding boundaries, easements, encroachments, or access?
Yes No

If Yes, provide details and documentation

9. Is any portion of the property leased, tenant-occupied or subject to rental agreements?
Yes No

If Yes, provide copies of leases, tenant security deposit information and rent schedule

10. Has the seller received any insurance claims related to property damage in the last 10 years?
Yes No

If Yes, identify dates, insurers, claim numbers and repairs completed

Other Representations and Seller Certification

The Seller(s) certify under penalty of perjury that the information provided in this Property Declaration is true and complete to the best of Seller's knowledge as of the date below. Seller acknowledges that Buyer and Buyer's agents may rely upon these disclosures in evaluating the property and that Seller has a continuing obligation to supplement materially adverse information discovered after execution.

Seller further certifies that to Seller's knowledge there are no unrecorded agreements, leases, or encumbrances affecting the property other than as disclosed in this declaration or in recorded public instruments, except as described here:

Acknowledgment of Buyer Reliance and Remedies

Buyer may rely on the representations herein. Seller understands that material misrepresentation or concealment of known material facts may give rise to contractual remedies, damages, rescission, and recovery of costs and attorney's fees where permitted by law. Seller agrees to cooperate in providing documents reasonably requested to substantiate the matters disclosed in this Declaration.

Governing Law and Entire Agreement

This Declaration is governed by the laws of the state in which the property is located. This Declaration, together with any attachments and incorporated documents, constitutes the entire written statement of Seller concerning the matters disclosed and supersedes any prior oral or written statements related to such matters.

Seller Certification

By signing below, Seller certifies that Seller has read this Declaration, that the information supplied is accurate to Seller's knowledge, and that Seller understands Seller's continuing duty to amend this Declaration if Seller learns of any materially adverse information prior to closing.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

What the Real Estate Sellers Property Declaration Is and when it’s used

The Real Estate Sellers Property Declaration is a written disclosure completed by the seller that summarizes material facts about a property’s condition, liens, encumbrances, environmental hazards, recent repairs, and known defects. It typically covers items such as structural issues, roof condition, plumbing and electrical systems, presence of lead paint or asbestos, flood or drainage history, outstanding assessments, and any agreements affecting the title. Buyers use the declaration to evaluate risk before closing; lenders and title companies commonly review it as part of underwriting and escrow. State law or local practice may require specific wording or timing.

Why a clear Sellers Property Declaration matters

A complete declaration reduces transactional risk by documenting seller knowledge, supporting buyer due diligence, and clarifying post-closing remedies. It creates a contemporaneous record that can limit disputes and help title insurers, lenders, and closing agents assess outstanding liabilities.

Who prepares, reviews, and relies on the Sellers Property Declaration

The declaration is a shared document used by multiple parties during the sales lifecycle; accuracy benefits everyone involved.

Sellers completing disclosures to meet legal and contractual obligations before buyer acceptance.
Buyers and their agents reviewing property condition to decide on inspections or renegotiation.
Title companies and lenders verifying encumbrances and underwriting closing conditions.

Step-by-step process to complete the declaration

Follow these sequential steps to prepare and deliver a compliant Seller Property Declaration.

01

Gather documents: Collect title report, prior disclosures, permits, and inspection reports.
02

Complete fields: Enter names, property details, and specific answers in each disclosure box.
03

Attach evidence: Attach invoices, repair receipts, and inspection summaries where required.
04

Deliver to buyer: Provide the completed declaration to buyer and escrow before or at contract contingency deadlines.

Typical digital workflow settings for online completion and review

Common configuration choices streamline completion, signature collection, and document routing in digital workflows.

Field	Configuration
Required fields	Mark seller name, property address, signature as required.
Conditional fields	Show remediation details only if a checkbox is selected.
Authentication	Use email plus SMS code for signer verification when needed.
Delivery	Auto-send signed copies to buyer, seller, title, and escrow.

How eSubmission and routing typically proceed

A concise flow describes how the declaration moves from seller to final record once completed digitally.

Upload: Seller or agent uploads completed form to the signing platform.
Place fields: Add signature, date, and attachment fields for evidence.
Sign: Signer authenticates and applies electronic signature.
Distribute: Platform sends signed copy and audit trail to designated recipients.

Core sections typically included in a professional declaration

Well-structured declarations have consistent sections that collect material facts and seller acknowledgements.

Property Condition

A clear checklist and narrative fields for structural systems, roofing, foundations, plumbing, HVAC, and appliances, allowing sellers to state known issues and repairs with dates and contractor details.

Environmental

Specific fields for lead-based paint, asbestos, mold, radon, fuel tanks, and flooding history that require affirmative disclosure and remediation notes where applicable.

Title and Liens

Questions about mortgages, judgments, outstanding assessments, HOA liens, or easements that may affect transferability and require supporting documentation.

Legal Actions

Disclosure of pending litigation, bankruptcy, or code enforcement actions involving the property, with case identifiers or counsel contact if known.

Repairs and Permits

Areas to list permits obtained, unpermitted work, dates of repair, contractor names, and whether permits were closed by the local authority.

Seller Certification

A concluding acknowledgement where sellers certify accuracy, date the form, and provide signature; may include notary block if required by state.

Common supporting attachments and formats

Declarations are stronger when paired with standard supporting documents delivered in common file formats.

Inspection Reports

Attach professional home inspection and pest inspection reports in PDF or DOCX to substantiate condition claims and limit later disputes.

Repair Receipts

Include invoices and contractor licenses for repairs; PDF receipts provide clear proof of work and cost when disputes arise.

Title Documents

Attach title commitment or preliminary title report to show existing encumbrances and confirm parcel identification.

Permit Records

Provide copies of municipal permits and certificate of occupancy where applicable to verify permitted work.

Security and compliance considerations for the declaration

Encryption: AES-256 at rest

Transport: TLS 1.2/1.3 in transit

Audit Trail: IP, timestamp, actions

Authentication: Email, SMS, or MFA

HIPAA BAA: Required if PHI present

Data Residency: Verify per state rules

Key legal risks from inaccurate or missing disclosures

Rescission Risk: Buyer remedies

Monetary Damages: Compensatory awards

Title Delays: Escrow hold-ups

Insurance Issues: Claim denials

Regulatory Fines: Local penalties

Reputational Harm: Broker liability

Common mistakes to avoid when preparing the declaration

Providing vague answers like "no known issues" without qualifying dates or context, which can invite later disputes and liability claims.
Failing to attach supporting documents such as inspection reports or repair receipts that substantiate affirmative repair or remediation statements.
Using inconsistent names or addresses compared with the title commitment, which can cause delays or require corrected deeds.
Assuming oral disclosures suffice; oral statements are harder to enforce and do not substitute for written, signed disclosures.

Typical timing and delivery expectations

Timing differs by contract and state practice; the following items are common milestones to track when completing and delivering the declaration.

Upon Listing or Offer:

Provide initial disclosure when buyer requests or as required in the purchase agreement.

Inspection Contingency:

Buyer may use the declaration to scope inspections before the contingency deadline.

Before Closing:

Final signed declaration typically delivered to escrow prior to closing documents signing.

Record Retention:

Keep copies of signed declarations with closing files for years per retention rules.

Amendments:

If new facts arise, update the declaration promptly and redistribute to interested parties.

Key transaction milestones from listing to post-closing

Sequential milestones show where the declaration fits in a typical sale lifecycle.

01

Listing Preparation

Seller collects prior disclosures, permits, and inspection summaries for the declaration.

02

Offer and Due Diligence

Buyer reviews the declaration and schedules inspections or requests repairs.

03

Closing Package

Signed declaration is delivered to escrow and becomes part of the closing record.

04

Post-Closing Retention

Signed documents are archived according to record retention policies.

Comparison of eSignature vendor starting prices and core features

Selected vendor pricing and feature availability for common eSignature needs; signNow is listed first per comparison conventions and vendor data from public pricing.

	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 card required	Varies by plan	Varies by plan	Limited trial	Limited trial
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about the Sellers Property Declaration

Answers to common questions about completion, validity, eSigning, notarization, and post-closing obligations for seller declarations.

Need help? Contact support

Is an electronic signature valid?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are legally binding if the parties demonstrate intent, consent, attribution, and retention capability.
Must the declaration be notarized?
Notarization requirements vary. Many states require notarization for deeds but not always for disclosure forms; check state rules and the purchase contract to determine necessity.
Can I update the declaration after signing?
If new material facts arise before closing, provide an amended declaration and ensure all parties receive and acknowledge the update; retain both versions in the closing file.
What happens if a seller omits a defect?
Omissions can lead to buyer claims, rescission, or damages depending on contract terms and state law. Accurate disclosures reduce litigation risk and support title insurance underwriting.
Are remote online notarizations acceptable?
Many states permit Remote Online Notarization (RON) with identity proofing and recorded audio-video; confirm your state’s notary rules before relying on a remote notarization.
Who should keep the signed declaration?
Retain copies in seller, buyer, title, and escrow records. Follow retention rules for tax, HIPAA, and state-specific requirements to ensure compliance.

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