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Real Estate Unit Disclosures

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REAL ESTATE UNIT DISCLOSURES

Property Identification

Identifying Parties

Transaction Details (If Applicable)

Purchase Price: $    Earnest Money: $

Closing Date:    Possession Date:

Homeowners Association / Condominium Information

Special or Pending Assessments: Yes No

Unit Condition Disclosures

For each item below, indicate whether the Seller has knowledge of the condition. If Yes, provide concise details in the accompanying description field.

1. Lead-Based Paint (units built prior to 1978)

Yes No

2. Mold or Persistent Moisture Problems

Yes No

3. Structural Defects, Settling, or Water Intrusion

Yes No

4. Termite, Pests, or Related Damage

Yes No

5. Fire or Water Damage Previously Repaired

Yes No

6. Hazardous Materials or Environmental Concerns (asbestos, UST, contamination)

Yes No

7. Unpermitted Work, Additions or Alterations

Yes No

8. Insurance Claims Filed for This Unit Within Past 5 Years

Yes No

9. Current or Pending Litigation Affecting Unit or Association

Yes No

Utilities, Appliances and Access

Utilities Included in Dues:

Parking/Storage Assigned:

Additional Disclosures

Seller's Certification

Seller certifies, under penalty of law and to the best of Seller's actual knowledge after reasonable inquiry, that the information provided in this Real Estate Unit Disclosures form is true and complete as of the date signed below. Seller further acknowledges that disclosures are limited to Seller's actual knowledge and are not a substitute for Buyer's independent inspection or investigation. Seller agrees to update this disclosure in writing if Seller becomes aware of materially new or different information prior to closing.

Buyer's Acknowledgment

Buyer acknowledges receipt of this Real Estate Unit Disclosures form prior to execution of any purchase agreement or at or before closing as required by applicable law. Buyer understands that Buyer has the right to conduct inspections, obtain reports, and seek professional advice regarding any matters disclosed or reasonably discoverable concerning the unit.

Seller — Printed Name:

By:

Date:

Buyer — Printed Name:

By:

Date:

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What Real Estate Unit Disclosures Are and when they matter

Real Estate Unit Disclosures are written statements provided by a seller or managing agent describing the condition, legal status, and association obligations of a condominium unit, co-op share, or other individual unit within a multi-unit property. Typical disclosures cover known material defects, HOA/association contact and financial information, outstanding assessments, environmental hazards, previous repairs or insurance claims, and any restrictions affecting occupancy or transfer. Disclosures inform buyers, enable informed negotiation, and often form part of the closing file retained by agents, lenders, and title companies.

Why accurate unit disclosures matter for sellers and buyers

Accurate disclosures reduce post-closing disputes, limit seller liability, and speed title and loan underwriting; they also protect buyers by documenting known risks and costs. E-signature and e-record options can preserve an audit trail and support enforceability under ESIGN (15 U.S.C. ch. 96) and state UETA rules where applicable.

Why accurate unit disclosures matter for sellers and buyers

Who prepares, signs, and reviews unit disclosures

Clear assignment of responsibilities and version control helps avoid gaps and establishes who can lawfully sign and amend the disclosure.

  • Listing agent — Prepares draft disclosures, collects seller responses, and coordinates delivery to prospective buyers and buyer agents.
  • Seller / Owner — Provides factual answers about the unit, signs and dates the disclosure, and supplies HOA/resale package materials if required.
  • Buyer / Buyer's attorney — Reviews disclosures before acceptance, may request repairs, credits, or contingencies based on disclosed items.

Essential sections every professional unit disclosure includes

A complete disclosure groups related information so buyers and lenders can quickly assess unit condition, costs, and restrictions.

Unit identification

Unit number, building name, street address, legal description and parcel or tax ID to avoid ambiguity in title and mortgage documents.

HOA / Association data

Association name, management contact, current budget status, pending or recent special assessments, reserve fund condition and rules affecting unit use or rentals.

Material defects

Known structural, mechanical, or water-intrusion issues, dates of discovery, repairs performed, and contractor or warranty information when available.

Environmental and safety

Lead paint (if applicable), mold, asbestos, radon, flood zone status or recent flood damage, and any notices required by law.

Legal and permit matters

Open building-code violations, unpermitted work, litigation, pending liens or easements affecting the unit or common elements.

Financial obligations

Monthly assessments, fee delinquencies, special assessment history, and any lender or tax liens that could affect transfer or financing.

Required fields commonly found on unit disclosure forms

Seller name: Full legal name
Unit address: Street, unit number
HOA contact: Name and phone
Known defects: Yes / No summary
Disclosure date: MM/DD/YYYY
Signature block: Printed name and date

Step-by-step: preparing and delivering a unit disclosure

Follow this sequence to prepare an accurate disclosure and reduce risk of post-closing disputes.

  • 01
    Gather records: Collect HOA docs, repair invoices, permits, and insurance claims.
  • 02
    Complete form: Answer each field factually and attach supporting files.
  • 03
    Review with counsel: Agent or attorney checks for omissions or legal exposure.
  • 04
    Deliver and retain: Provide buyer and keep signed copy in transaction file.

Typical online configuration for digital disclosures

Configure a consistent workflow to collect signatures, attach documents, and preserve an audit trail.

Field Configuration
Signature method Electronic signature (ESIGN/UETA compliant)
Authentication Email link plus optional SMS code
Conditional fields Display follow-up if 'Known defects' = Yes
Retention Save signed PDF/A with audit trail

Where to send disclosures and how they travel through a transaction

Disclosures typically flow from seller to agents, buyer, lender, and title company; track each delivery for closing readiness.

  • To buyer: Deliver signed copy to buyer and buyer's agent.
  • To lender: Provide disclosure to underwriting for loan approval.
  • To title: Include in closing package for title review.
  • For HOA: Send required resale documents to association when applicable.

Technical compatibility and eSubmission considerations

Ensure the chosen system preserves a tamper-evident signed copy and accessible audit trail; integrations with cloud storage (Box, Google Drive) and closing platforms speed delivery and recordkeeping.

  • File formats: PDF, DOCX supported
  • Authentication: Email, SMS, or KBA
  • Integrations: Google, Microsoft, NetSuite

Common timing checkpoints when disclosures are required

Delivery timing affects contingencies, title review, and lender underwriting; build deadlines into the contract timeline.

At listing or offer:

Disclose known issues when listing or before buyer acceptance.

Prior to acceptance:

Buyers should receive disclosures before waiving inspections or contingencies.

Before closing:

Final signed disclosure must be in closing package for title and lender.

HOA timing:

Associations may require separate resale certificates delivered within statutory windows.

Record retention:

Keep executed disclosures with transaction records after closing.

Common mistakes that cause delays or exposure

  • Incomplete HOA contact or account numbers that prevent timely retrieval of association resale documents and financial statements.
  • Vague defect descriptions that omit dates, repairs, or contractor names, leading to buyer disputes and claims after closing.
  • Failure to attach required supporting documents such as permits, repair invoices, or prior insurance claims, slowing title clearance.
  • Signing and dating inconsistently with other closing documents, creating ambiguity about the effective disclosure date and signer authority.

Primary legal and financial risks of flawed disclosures

Rescission risk: Buyer may rescind transaction
Monetary damages: Compensatory damages claims
Fraud exposure: Intentional misrepresentation liability
Title delay: Clearing defects delays closing
Lender denial: Financing can be withdrawn
HOA penalties: Late fees or fines for missing disclosures

Real-world examples: disclosures handled in practice

These short cases show how accurate disclosures and e-sign workflows reduced friction in real estate transactions.

Tim Martin — Martin Properties

Tim Martin streamlined closing by collecting unit disclosures digitally and attaching repair receipts.

  • The team used mobile signing on-site for efficiency.
  • The result was faster sign-off and fewer post-closing inquiries, with all parties retaining verifiable signed PDFs for title and audit purposes.

Brian Fitzgibbons — Optica Ventures LLC

Brian reported that a simple interface made disclosures easier for sellers and buyers to complete.

  • The platform matched documents to listings automatically.
  • This reduced administrative follow-up and ensured that association documents and signed disclosures were available to title and lenders without manual rekeying.

Comparison: eSignature vendor pricing and capabilities relevant to disclosures

Pricing and features vary by vendor and plan; signNow is listed first per comparison conventions and includes multiple plan types to support 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, 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

Frequently asked questions about Real Estate Unit Disclosures

Answers address legal validity, e-signing, notarization, common defects, and recordkeeping so you can avoid common pitfalls.


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