Can the SPDS be signed electronically?

Yes in most U.S. jurisdictions electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Confirm state exceptions (e.g., certain court filings and testamentary documents) before e-signing.

When is notarization or witness required?

Notarization and witness rules are state-specific. SPDS forms typically do not require notarization, but deeds, powers of attorney, and some affidavits do. If notarization is required, consider Remote Online Notarization (RON) rules and state notary commission requirements.

What if new defects are discovered after disclosure?

If material defects are discovered after initial SPDS completion, amend the form promptly and re-deliver to buyer, lender, and title. Failure to update can increase liability; counsel should review material changes and consider escrow holdbacks or negotiated repairs.

Who must sign the SPDS?

The seller or authorized signatory must sign and date the SPDS. An agent may not sign on behalf of the seller unless a valid power of attorney or corporate authorization is provided. Signer identity must be attributable for enforceability under ESIGN/UETA.

How long must I keep SPDS records?

Retain the executed SPDS and supporting documents for the transaction lifecycle: at least three years for tax purposes (IRC §6501(a)), longer where state law or industry rules require. Healthcare-related records must follow HIPAA six-year retention rules (45 CFR §164.530(j)).

How to correct errors on a submitted SPDS?

Execute an amended disclosure form noting the correction, date, and reason. Deliver the corrected SPDS to all prior recipients, preserve both original and amended versions for retention, and document communications. Seek legal advice for material corrections that could affect closing.

Electronic Signature
Templates
Real estate
Real Estate SPDS Form

Real Estate SPDS Form

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

Real Estate SPDS Form

This Seller's Property Disclosure Statement (SPDS) is provided by Seller to disclose, to the best of Seller's actual knowledge, material facts affecting the condition of the property identified below. The disclosures made herein are representations of Seller based on Seller's actual knowledge and are not warranties. Buyer is advised to obtain independent inspections and verifications.

Property and Parties

Seller Name:

Seller Contact Information

Buyer Name:

Buyer Contact Information Property Address Assessor's Parcel Number (APN) / Parcel ID Legal Description

Date of Disclosure:

Disclosure Questions (Answer Yes or No; If Yes, provide an explanation)

1. Lead-based paint on the property (or required lead disclosure for dwellings built before applicable cutoff year)? Yes No

If yes, explain

2. History of water intrusion, flooding, sewer backup, or chronic dampness? Yes No

If yes, explain (dates, locations, remediation)

3. Presence of mold, mildew, or fungal growth discovered or remediated? Yes No

If yes, explain (locations, professional remediation)

4. Structural defects or prior structural repairs (foundation, roof, load-bearing elements)? Yes No

If yes, explain (nature of defect, dates, contractor)

5. Termite, wood-destroying pests, or documented pest treatment? Yes No

If yes, explain (treatment history, warranties)

6. Plumbing, sewer, septic system problems or known repairs? Yes No

If yes, explain

7. Electrical system issues, rewiring, or noncompliant alterations? Yes No

If yes, explain (locations, dates, contractor)

8. Heating, ventilation, or air conditioning (HVAC) problems or replacement? Yes No

If yes, explain (age of equipment, repairs)

9. Environmental hazards (asbestos, radon, underground storage tanks, hazardous materials)? Yes No

If yes, explain

10. Easements, encroachments, boundary disputes, or recorded restrictions affecting use? Yes No

If yes, explain (describe instrument, parties, recording information)

11. Insurance claims, fire or other material damage to the property? Yes No

If yes, explain (date, nature of damage, repairs, insurance proceeds)

12. Homeowners' association (HOA), covenants, conditions, restrictions (CC&Rs), or special assessments? Yes No

If yes, explain (association name, fees, current assessments)

Fixtures, Appliances and Included Items

List fixtures, appliances, window coverings, and other items included or excluded from sale

Known Material Facts and Additional Documents

Known material facts not otherwise addressed above List other documents or disclosures provided with this SPDS (warranties, permits, repair invoices, reports)

Seller Certification

Seller certifies, under penalty of perjury, that the information contained in this SPDS is true and correct to Seller's actual knowledge as of the date below. Seller acknowledges that Seller has disclosed all material facts known to Seller that affect the property. Seller understands that this disclosure is not a substitute for inspections and that Buyer has the right to obtain independent inspections, surveys, and reports prior to closing.

Buyer's Acknowledgment

Buyer acknowledges receipt of this SPDS and understands that the disclosures are based on Seller's actual knowledge and are not warranties. Buyer has been advised to obtain professional inspections and to review all documents referenced in this disclosure prior to the close of escrow.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Governing Law: This SPDS shall be interpreted and enforced according to the laws of the state in which the property is located. Entire Agreement: This SPDS, together with any attached documents and disclosures listed above, constitutes the entire disclosure by Seller regarding the matters disclosed herein. Seller shall promptly supplement this disclosure should Seller obtain new or different material information prior to closing.

What the Real Estate SPDS Form Is and when it matters

The Real Estate SPDS Form (Seller Property Disclosure Statement) is a standardized disclosure used by property sellers to report known material facts about residential real property to prospective buyers. It typically covers structural issues, environmental hazards, utility systems, pest infestation history, improvements, and neighborhood conditions. Sellers complete the form truthfully to reduce post-closing disputes and to comply with state disclosure statutes. Agents use the SPDS during listing and due diligence to inform buyers and brokers. While formats vary by state, the SPDS functions as a documented disclosure record that becomes part of the transaction file.

Why accurate SPDS completion matters

Completing the Real Estate SPDS Form protects sellers and informs buyers by disclosing known property conditions, reducing legal exposure, and supporting transparent negotiations. Accurate disclosure helps satisfy state statutory duties and lowers the risk of post-closing claims or rescission based on nondisclosure.

Who typically fills and relies on the SPDS

Primary users include residential sellers, listing agents, buyer agents, and brokers responsible for disclosures during property marketing and sale.

Sellers: complete all truthful responses and attach known relevant repair invoices or reports.
Listing agents: advise clients on state-specific disclosure duties and maintain copies in transaction file.
Buyers and inspectors: review disclosures early and reference them during inspections and negotiations.

Lenders and title companies also rely on disclosures; accurate SPDS completion streamlines underwriting and closing.

Core sections to include in a professional SPDS

Core sections of a professional Real Estate SPDS Form define property condition, systems, environmental issues, improvements, material defects, and seller acknowledgments for clear buyer notice.

Property Condition

Describe foundation, roof, exterior, major structural components, history of water intrusion, prior repairs, and any known defects. Include dates of repairs and attach supporting contractor invoices or inspection reports when available.

Systems

List age and condition of HVAC, plumbing, electrical, septic or sewer, and water systems. Note recent servicing, warranty transfers, and any code violations or remediation work completed or pending.

Environmental

Disclose known environmental hazards such as lead paint, asbestos, radon, mold, contaminated soil, underground storage tanks, or past flooding. Provide test reports, mitigation records, and dates of remediation if applicable.

Improvements

Detail additions, renovations, and permits obtained. Include contractor names, approximate completion dates, permits issued, and any unresolved code compliance items or open permits that may affect transfer.

Pest & Water

Report pest infestations, treatment history, and current prevention measures. Note flood history, drainage issues, sump pump operations, and any flood zone designations that materially affect habitability or insurance requirements.

Seller Acknowledgment

Provide seller signature, date, and contact information. Include a statement certifying truthful completion, disclosure of known facts, and acknowledgment of duty to amend if material facts change prior to closing.

Essential fields every SPDS should capture

Seller Name: Full legal name as on ID

Property Address: Street, city, state, and ZIP code

Disclosure Date: Enter as MM/DD/YYYY format

Material Defects: List known defects with dates

Supporting Docs: Attach inspection, repair, permit records

Seller Signature: Signature and printed name required

Step-by-step: completing and sharing the SPDS

Follow these steps to complete and share the Real Estate SPDS Form accurately and efficiently.

01

Prepare Info: Gather inspection reports, repair invoices, and permit documents before starting.
02

Complete Form: Enter all required fields, answer disclosure questions honestly.
03

Attach Evidence: Upload supporting documents and label them clearly for reviewers.
04

Distribute: Provide copies to buyer, agent, lender, and title company.

Configuring an online SPDS workflow

Configure an online SPDS workflow to collect signatures, attach files, and preserve an audit trail.

Field	Configuration
Signers	Owner; buyer agent; optional witnessing parties as required
Authentication	Email link, SMS code, or KBA for added identity verification
Attachments	Allow PDF, DOCX, JPG; auto-attach inspection and permit files
Audit & Retention	Enable audit trail, signed PDF export, and long-term retention settings

Where completed SPDS copies should go

Destinations for the completed SPDS include buyer packet, lender, title, and seller transaction file; choose appropriate routing based on local requirements.

Buyer Copy: Deliver signed SPDS to buyer and their agent.
Lender: Provide to lender for underwriting and property risk assessment.
Title Company: Send to title for escrow and exception review.
Seller File: Retain in seller's transaction folder and agent records.

Choosing distribution and platform capabilities

Digital and physical distribution options affect authentication, storage, and recordkeeping for the SPDS; choose delivery methods that align with state notarization and evidence requirements.

Email Delivery: Secure PDF attachment with read receipt.
In-Person: Provide printed signed copy; notarize if required.
eSignature: Use compliant eSign with audit trail and storage.

Timing and delivery expectations for SPDS

SPDS timing depends on state law and contract terms; deliver as early as listing and update if material facts change before closing.

At Listing:

Provide completed SPDS when property is listed, per many state practices.

Before Offer:

Buyers should receive disclosures before submitting an offer.

Prior to Closing:

Update disclosures if new material information arises before closing.

Lender Review:

Submit SPDS promptly to lender to prevent underwriting delays.

Contract Deadlines:

Follow contract contingency dates for inspection and disclosure responses.

Common preparation errors to avoid

Incomplete responses or leaving fields blank, which can create disputes, delay listing, and lead to penalties for failing to disclose material defects.
Using vague language such as 'may have issues' instead of specific dates and descriptions, reducing the disclosure's evidentiary value in later disputes.
Failing to attach supporting inspection, permit, or repair documents, which can undermine claimed remedies and prolong escrow or title clearance.
Not updating the SPDS after post-inspection discoveries or repairs, leaving sellers exposed to post-closing claims and potential rescission actions.

Potential legal and transactional risks from incorrect SPDS

Civil Liability: Damages for nondisclosure

Contract Rescission: Buyers may rescind sale

Escrow Delays: Underwriting or title objections

Administrative Fines: State penalties possible

Reputation Risk: Broker disciplinary action

Insurance Impact: Higher premiums or exclusions

Pricing and feature snapshot for common eSignature vendors

Compare signNow and major eSignature vendors on starting price, trial, bulk send, audit trail, HIPAA compliance, and envelope limits.

	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	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year cap	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about the Real Estate SPDS Form

Answers to frequent questions about completing, signing, and distributing the Real Estate SPDS Form, including e-signature and retention considerations.

Need help? Contact support

Can the SPDS be signed electronically?
Yes in most U.S. jurisdictions electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Confirm state exceptions (e.g., certain court filings and testamentary documents) before e-signing.
When is notarization or witness required?
Notarization and witness rules are state-specific. SPDS forms typically do not require notarization, but deeds, powers of attorney, and some affidavits do. If notarization is required, consider Remote Online Notarization (RON) rules and state notary commission requirements.
What if new defects are discovered after disclosure?
If material defects are discovered after initial SPDS completion, amend the form promptly and re-deliver to buyer, lender, and title. Failure to update can increase liability; counsel should review material changes and consider escrow holdbacks or negotiated repairs.
Who must sign the SPDS?
The seller or authorized signatory must sign and date the SPDS. An agent may not sign on behalf of the seller unless a valid power of attorney or corporate authorization is provided. Signer identity must be attributable for enforceability under ESIGN/UETA.
How long must I keep SPDS records?
Retain the executed SPDS and supporting documents for the transaction lifecycle: at least three years for tax purposes (IRC §6501(a)), longer where state law or industry rules require. Healthcare-related records must follow HIPAA six-year retention rules (45 CFR §164.530(j)).
How to correct errors on a submitted SPDS?
Execute an amended disclosure form noting the correction, date, and reason. Deliver the corrected SPDS to all prior recipients, preserve both original and amended versions for retention, and document communications. Seek legal advice for material corrections that could affect closing.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now