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Real Estate TDS & SPQ Form

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REAL ESTATE TRANSFER DISCLOSURE STATEMENT & SELLER PROPERTY QUESTIONNAIRE (TDS & SPQ)

This Transfer Disclosure Statement and Seller Property Questionnaire (collectively, the Disclosure) is provided by Seller to Buyer regarding the condition of the property identified below. The Seller has a duty to disclose known material facts that affect the value or desirability of the real property. The disclosures herein are made to the best of Seller's knowledge as of the date signed by Seller and do not constitute a warranty of future property condition.

Property Identification

Parties

Summary of Material Facts and Condition (Yes / No)

For each question below, indicate Seller's knowledge by checking Yes or No. If Yes is checked, provide details in the corresponding explanation field. These disclosures relate to conditions that may materially affect the property value, habitability, or use.

Structure and Building Systems

1. Roof: Are you aware of roof leaks, repairs, or material defects?

2. Foundation / Structural: Are there known foundation cracks, settlement, or structural repairs?

3. Plumbing / Sewage: Are there known plumbing defects, sewer backups, septic system issues or repairs?

4. Electrical / Heating / Air Conditioning: Are there known problems, code violations, or non-permitted modifications?

Environmental and Hazardous Materials

5. Lead-based paint (for properties built before 1978): Was lead-based paint used or is Seller aware of lead hazards?

6. Asbestos / Radon / Methane / Other environmental hazards: Are you aware of any of these conditions?

7. Mold or water intrusion: Known past or present mold, flooding, chronic moisture, or water intrusion?

Pests, Wood-Destroying Organisms & Pest Control

8. Termites or wood-destroying organisms: Any known damage, treatment, or ongoing control measures?

Special Installations and Utilities

9. Pool / Spa / Hot Tub: Are there known defects, safety devices missing, or code issues?

10. Well or private water supply / Septic / On-site sewage: Any known issues, repairs, or compliance items?

Legal, Title, Zoning and Regulatory Matters

11. Unpermitted additions, structural changes, or building code violations known to Seller?

12. Easements, encroachments, boundary disputes, or pending litigation affecting the property?

13. Homeowners' association (HOA) or other association obligations, assessments, or pending special assessments?

Additional Disclosures

14. Have there been prior insurance claims, fire damage, or major repairs?

15. Death on property: Was there any death on the property within the last three years that Seller is aware of?

Seller Certification and Disclosures

By signing below, Seller certifies under penalty of perjury that the information provided in this Disclosure is true and complete to the best of Seller's actual knowledge as of the date of Seller's signature. Seller acknowledges the obligation to supplement or correct any material information known by Seller prior to transfer of title. This Disclosure is intended solely to disclose factual information and is not a substitute for any inspections, investigations, or warranties. Seller makes no express warranty except as may be provided by separate written agreement.

Buyer Acknowledgment

Buyer acknowledges receipt of this Disclosure and understands that the Disclosure is based on Seller's actual knowledge. Buyer is encouraged to obtain independent inspections, tests, and verifications of any disclosed or undisclosed conditions prior to closing. Buyer's signature does not constitute acceptance of any condition nor a waiver of Buyer's rights under the purchase agreement or applicable law.

Governing Law / Entire Agreement

This Disclosure shall be governed by the substantive laws of the state where the property is located. This Disclosure, together with any separate written addenda or attachments signed by Seller, constitutes the entire disclosure statement provided by Seller and supersedes any prior oral or written disclosures relating to the matters set forth herein.

Seller:

By:

Date:

Buyer:

By:

Date:

Enter text✕

What the Real Estate TDS & SPQ Form Is

The Real Estate TDS & SPQ Form combines two common seller disclosures: the Transfer Disclosure Statement (TDS) and the Seller Property Questionnaire (SPQ). These documents require the seller to describe known property conditions, material defects, environmental risks, and other facts that could affect value or habitability. They are used in residential real estate transactions to create a written record of the seller's knowledge, inform buyers and their inspectors, and meet state-specific disclosure obligations. Neither form replaces a buyer's independent inspection or title review.

Why Accurate TDS & SPQ Completion Matters

Completing the TDS & SPQ thoroughly reduces dispute risk by documenting what the seller knows and discloses, supports escrow and title processing, and helps buyers make informed decisions under state disclosure laws.

Why Accurate TDS & SPQ Completion Matters

Who Typically Prepares and Receives These Forms

The TDS & SPQ are primarily prepared by sellers and used across the transaction chain to inform buyers, brokers, and closing agents.

  • Sellers — Provide factual answers about property condition, history, and known defects before closing.
  • Listing agents/brokers — Collect completed forms, deliver to prospective buyers, and retain copies in broker files.
  • Escrow/title officers — Use disclosures to evaluate title exceptions, escrow conditions, and lender requirements.

Retain copies with transaction records; improper or missing disclosures commonly trigger post-closing claims or rescission requests.

Core Parts of a Professional TDS & SPQ

A complete TDS & SPQ groups property identifiers, affirmative/negative disclosure items, narrative spaces for details, signature blocks, and attachments for supporting reports or permits.

Property ID

Street address, parcel number, and legal description to tie disclosures to the correct real property and avoid ambiguity.

Seller Disclosures

Checklists for structural, mechanical, plumbing, electrical, pest, water intrusion, and roof conditions with yes/no and follow-up fields.

Known Defects

Open text areas for sellers to describe defects, repairs, dates of occurrence, and any warranty or repair documents attached.

Environmental Risks

Specific fields for hazards such as lead paint, asbestos, radon, methamphetamine contamination, floodplain status, and known contamination.

Signatures & Dates

Signatory lines for seller(s), date fields, and agent acknowledgment areas to establish attribution and execution timing.

Attachments

Space for inspection reports, permits, HOA disclosures, or previous repair invoices that substantiate or clarify answers.

Step-by-Step: Completing the TDS & SPQ

A concise sequence to prepare, sign, and deliver seller disclosures for a standard residential sale.

  • 01
    Gather Records: Collect permits, repair invoices, and inspection reports.
  • 02
    Answer Items: Complete checklists and narrative fields accurately.
  • 03
    Sign and Date: All sellers sign; include witness/notary if state requires.
  • 04
    Deliver to Buyer: Provide disclosures to buyer and escrow per contract timing.

Where the Completed Forms Go in a Transaction

Understanding recipients and routing helps ensure the disclosure is reviewed and retained by all relevant parties.

  • Buyer and Agent: Buyer receives copy for review and inspection scheduling.
  • Listing Brokerage: Broker retains disclosures per brokerage policy and state law.
  • Escrow/Title: Escrow receives copy to open file and satisfy lender conditions.
  • Recordkeeping: Maintain originals with closing documents for retention period.

Configuring an Online Disclosure Workflow

Typical digital settings to streamline completion, authentication, and retention when using an e-signature platform.

Field Configuration
Signature Type Electronic signature | Click-to-sign or drawn signature
Authentication Email link | SMS code or multi-factor as needed
Auto-fill Data mapping | Prepopulate seller and property fields
Retention Export and archive | PDF + audit trail retention

Technical Considerations for eSubmission and Storage

Choose a platform that supports PDF/DOCX uploads, audit trails, and integrations with escrow or CRM systems.

  • File Formats: PDF, DOCX, and TIFF supported
  • Integrations: Works with Salesforce, Microsoft 365, NetSuite
  • Authentication: Email, SMS, or advanced methods

Ensure the solution complies with ESIGN and UETA for enforceability, offers secure storage (TLS/AES), and provides a downloadable signed PDF and audit trail for escrow and post-closing records.

eSignature Vendor Comparison for TDS & SPQ Workflows

Pricing and capability rows below show common comparison points; signNow appears first per vendor listing conventions and includes core eSignature features relevant to disclosure workflows.

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 region Varies by region Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Penalties and Legal Risks of Incomplete or Incorrect Disclosures

Rescission Risk: Buyer may seek to rescind the sale under state disclosure statutes
Monetary Damages: Civil damages for undisclosed material defects
Contract Delays: Escrow or loan approval may be delayed
Title Exceptions: Undisclosed matters can create unexpected title issues
Regulatory Fines: Consumer protection enforcement in some jurisdictions
Reputational Harm: Brokerage discipline or agency complaints

Common Mistakes When Preparing TDS & SPQ

  • Leaving narrative boxes blank instead of entering "None known" creates ambiguity and a foundation for buyer claims later.
  • Using inconsistent names or addresses that do not match title records can force corrective deeds or affidavits.
  • Failing to attach inspection or repair documentation when referenced in answers undermines the disclosure's credibility.
  • Delaying delivery of disclosures past contract deadlines may give buyers cancellation rights or breach claims.

Security and Compliance Fundamentals for Electronic Disclosures

In Transit: TLS 1.2/1.3 encryption
At Rest: AES-256 encryption
Audit Trail: Detailed timestamp and IP logging
Certifications: SOC 2 Type II and ISO 27001 available
Regulatory Support: ESIGN and UETA compliance
HIPAA Handling: BAA available for covered workflows

Timing and Deadlines to Watch

Key time triggers affect when disclosures must be delivered and how they interact with inspection and contingency deadlines.

Before Contract Acceptance:

Deliver disclosures per purchase contract timing or state rule

Inspection Contingency:

Buyer inspection period typically starts after disclosure delivery

Escrow Opening:

Escrow receives copies to clear lender conditions

Closing:

Signed disclosures should be in escrow file at closing

Post-Closing Claims:

Statute of limitations varies by state for disclosure claims

Transaction Milestones Involving Disclosures

A sequential view of disclosure milestones clarifies when actions should occur during a typical sale process.

01

Prepare Disclosures

Seller completes forms and gathers supporting documents.

02

Deliver to Buyer

Provide disclosures to buyer and agents per contract.

03

Inspection & Review

Buyer orders inspections and raises objections as needed.

04

Close & Archive

Execute closing, store signed disclosures with escrow records.

Frequently Asked Questions About the TDS & SPQ

Practical answers to common issues: e-signing, corrections, unknown conditions, notarization, and who should sign.


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