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Real Estate Water and Sewage Disclosure

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REAL ESTATE WATER AND SEWAGE DISCLOSURE

Parties

Property Identification

Water Supply

Is the property connected to a public water system?

Private well on property?

Well depth (ft):

Well yield test date:

Yield (gpm):

Is a cross-connection or backflow prevention device installed and certified?

Sewage / Septic

Is the property connected to a municipal / public sewer system?

Is a septic system present?

Septic type:

Last pumped / serviced:

Permit / System ID:

Shared Systems, Easements and Billing

Is water or sewer service shared with other properties?

Who is responsible for ongoing utility billing and maintenance at closing?

Material Defects and Repairs

To Seller's knowledge, are there any outstanding defects, failures, leaks, or repairs related to water or sewage systems not otherwise described?

Certifications and Acknowledgements

Seller certifies that the information provided in this disclosure is, to the Seller's knowledge, true and correct as of the date signed below. Seller acknowledges the duty to disclose known material facts affecting water supply and sewage service, including whether systems are shared, subject to easement, or have known failures.

Buyer acknowledges receipt of this disclosure and understands that Buyer has the opportunity to obtain independent inspections, tests, and inquiries regarding water supply, septic systems, and sewer connections. Buyer further acknowledges that acceptance of this disclosure does not relieve Seller of liability for fraudulent misrepresentation.

Remedies for material misrepresentation shall be governed by applicable law; parties agree that, if Seller knowingly conceals or misstates a material fact related to water or sewage systems, Buyer may seek damages and other remedies as provided by law.

Governing Law: This disclosure will be interpreted under the laws of the state in which the Property is located. This document constitutes the entire water and sewage disclosure between the parties with respect to the subjects addressed herein.

Seller Statement

Seller hereby declares under penalty of perjury under the laws of the applicable jurisdiction that the foregoing representations are accurate to the best of Seller's knowledge as of the date signed below.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

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What the Real Estate Water and Sewage Disclosure Covers

A Real Estate Water and Sewage Disclosure is a seller-provided statement describing a property's water supply and wastewater system, including source (public, private well), treatment, septic systems, recent inspections, repairs, permits, and known defects. It helps buyers assess health, safety, and cost implications of water and sewage systems before completing a transaction and supports lender, title, and municipal due diligence. The disclosure may be required by state or local law or by contract, and it supplements broader property condition disclosures and permit histories.

Why this disclosure matters to buyers and sellers

The disclosure clarifies system type, prior problems, and maintenance history so buyers can evaluate contamination, repair costs, or permit issues. For sellers it reduces post-closing disputes by documenting known conditions and supports a transparent transfer of risk.

Why this disclosure matters to buyers and sellers

Who typically completes and relies on this disclosure

Sellers, listing agents, buyers, lenders, and title companies all reference the water and sewage disclosure during a residential property sale.

Accurate and timely completion reduces closing friction and supports lender and municipal reviews required for financing and permitting.

Essential elements to include in a professional disclosure

A complete disclosure documents system identification, inspection history, permits, repairs, and signer attestations so recipients can verify safety, compliance, and future liabilities.

System Type

Specify public water, private well, septic, public sewer, or other onsite treatment and any shared systems with clear ownership notes.

Inspection History

List dates and results of recent water testing, septic inspections, dye tests, or municipal compliance inspections with contact details for inspectors.

Known Defects

Describe active or prior leaks, contamination events, backups, or failed components and whether repairs were completed or remain outstanding.

Permits and Approvals

Identify existing permits, compliance certificates, municipal approvals, and any open code enforcement or correction orders.

Maintenance Records

Summarize routine service, pump-outs, filtration replacement, treatment maintenance, and warranties that affect future costs.

Seller Attestation

Signed seller declaration of accuracy, date of signing, and contact information for follow-up or documentation requests.

Step-by-step: completing and delivering the disclosure

Follow this sequence to prepare, verify, and share the disclosure with buyers and stakeholders.

  • 01
    Gather Records: Collect permits, inspection reports, and maintenance invoices.
  • 02
    Complete Form: Enter accurate field data and attach supporting documents.
  • 03
    Sign and Date: All sellers sign; include printed names and dates.
  • 04
    Deliver to Parties: Provide buyer, agent, lender, and title before contract closing.

Configuring an efficient disclosure workflow

Standardize settings so disclosures are completed consistently, routed correctly, and retained per compliance rules.

Field Configuration
Document Upload Require PDF or DOCX, include attachments support
Authentication Email link plus optional SMS code
Notifications Auto-notify seller, buyer, and agent on signature
Retention Store signed copy and audit trail for required period

How the signed disclosure typically flows in a transaction

The disclosure moves through a short, auditable chain from preparation to final storage.

  • Prepare: Seller or agent completes the disclosure document.
  • Sign: Seller signs; witness or notarization if required.
  • Share: Deliver signed copy to buyer, lender, title, and agent.
  • Store: Retain final PDF and audit trail in transaction file.

Technical considerations for digital completion and storage

Choose a platform that supports standard document formats, reliable authentication, and secure long-term storage.

  • File Formats: PDF, DOCX supported
  • Integrations: CRM and cloud storage integrations available
  • Authentication: Email, SMS, or stronger methods

Ensure platform logs an audit trail, provides tamper-evident storage, and meets any industry-specific compliance requirements before using for final disclosure delivery.

Required data points to include on the disclosure

Seller Identity: Full legal name(s)
Property Details: Address and parcel ID
Water Source: Public, private well, or other
Sewage System: Septic, public sewer, other
Inspection Dates: MM/DD/YYYY entries
Seller Signature: Signed and dated

Common preparation mistakes to avoid

  • Omitting supporting inspection reports creates ambiguity and can delay lender or municipal approvals.
  • Using vague language like 'works fine' instead of specific defect descriptions invites disputes after closing.
  • Failing to update disclosures after recent repairs can result in warranty or indemnity claims against the seller.
  • Mismatched signer names or unsigned fields cause re-execution needs and slow closing timelines.

Potential legal and transactional consequences of errors or omissions

Rescission Risk: Contract may be voided
Monetary Damages: Buyer may seek compensation
Title Delays: Title exceptions and holds
Lender Conditions: Financing may be withheld
Regulatory Fines: Local code enforcement penalties
Indemnity Claims: Post-closing seller liability

Typical timing expectations and critical dates

Timing varies by contract and state; these milestones are common triggers in most U.S. residential transactions.

Disclosure Delivery:

Provide before or at contract signing, where required

Buyer Review Window:

Often 3–10 days for inspection contingencies

Inspection Scheduling:

Arrange tests promptly to meet contingency deadlines

Notarization Timing:

If required, complete before closing

Final Submission:

Signed disclosure included in closing package

Key milestones from listing to closing

A sequential view highlights when the disclosure is prepared, reviewed, and archived during the sale process.

01

Prepare Disclosure

Seller compiles records and completes the form.

02

Buyer Review

Buyer evaluates document with inspections and lender requirements.

03

Negotiate Repairs

Parties agree on remediation or credits based on findings.

04

Close Transaction

Final signed disclosure becomes part of closing file.

Comparing eSignature providers for Real Estate Water and Sewage Disclosures

Common evaluation criteria include starting price, trial availability, bulk send capability, audit trail features, HIPAA support, and envelope or invite caps.

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 Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-world examples of disclosure workflows in practice

These short examples show how sellers and brokers use structured disclosures to resolve common water or sewage issues during a sale.

Martin Properties (Single-Family Sale)

A broker documented a prior septic repair with inspection report and permit attached

  • Repair reduced buyer concerns about cost
  • The transaction closed without escrow holds after lender accepted the inspection documentation and seller attested to repairs.

Optica Ventures (Portfolio Sale)

An investor assembled water quality tests for multiple properties into a single disclosure package

  • Bulk send simplified distribution to buyers and lenders
  • Centralized records reduced questions during underwriting and accelerated closing timelines across the portfolio.

Frequently asked questions about the disclosure and signing options

Answers address common legal, technical, and procedural questions about completing, signing, and storing the water and sewage disclosure.


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