Can a disclosure be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and record retention are documented. Certain narrow exceptions (e.g., wills) do not apply to typical property disclosures.

Is notarization always required?

Notarization is generally required for deed acknowledgements in all states, but the disclosure form itself may not require a notary. Check state deed requirements and local custom; Florida and some other states impose specific witness rules for deeds.

What if a seller discovers a new defect after signing?

Amend the disclosure promptly and deliver the updated disclosure to the buyer and their agent. Consult contract provisions on material changes; late disclosures may affect remedies or closing conditions.

Does a buyer rely solely on the disclosure?

No. Buyers are advised to obtain independent inspections and not rely on seller answers alone; disclosures supplement but do not replace professional inspections.

How long must signed disclosures be retained?

Retain signed disclosures according to federal and state rules—commonly 3–7 years for transactional records, with longer retention for tax, title, or HIPAA-related records. Verify applicable federal citations such as IRC §6501(a) and 45 CFR §164.530(j).

Can disclosures be revised after delivery?

Yes. Sellers may correct or supplement disclosures by delivering an amended signed form. Ensure the amendment is dated and retained with the original for audit and closing purposes.

Electronic Signature
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Residential Real Estate Disclosure

Residential Real Estate Disclosure

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Residential Real Property Disclosure Report

NOTICE: The purpose of this report is to provide prospective buyers with information about material defects in the residential real property. This report does not limit the parties' right to contract for the sale of residential real property in "as is" condition. Under common law, sellers who disclose material defects may be under a continuing obligation to advise the prospective buyers about the condition of the residential real property even after the report is delivered to the prospective buyer. Completion of this report by the seller creates legal obligations on the seller; therefore the seller may wish to consult an attorney prior to completion of this report.

Property Address:

City, State & Zip Code:

Seller’s Name:

This Report is a disclosure of certain conditions of the residential real property listed above in compliance with the Residential Real Property Disclosure Act. This information is provided as of , and does not reflect any changes made or occurring after that date or information that becomes known to the seller after that date. The disclosures herein shall not be deemed warranties of any kind by the seller or any person representing any party in this transaction.

In this form, “am aware” means to have actual notice or actual knowledge without any specific investigation or inquiry. In this form, "material defect" means a condition that would have a substantial adverse effect on the value of the residential real property or that would significantly impair the health or safety of future occupants of the residential real property unless the seller reasonably believes that the condition has been corrected.

The seller discloses the following information with the knowledge that even though the statements herein are not deemed to be warranties, prospective buyers may choose to rely on this information in deciding whether or not and on what terms to purchase the residential real property.

The seller represents that to the best of his or her actual knowledge, the following statements have been accurately noted as "yes" (correct), "no" (incorrect), or "not applicable" to the property being sold. If the seller indicates that the response to any statement, except number 1, is yes or not applicable, the seller shall provide an explanation in the additional information area of this form.

Statement	YES	NO	N/A
1. Seller has occupied the property within the last 12 months. (No explanation is needed.)
2. I am aware of flooding or recurring leakage problems in the crawl space or basement.
3. I am aware that the property is located in a flood plain or that I currently have flood hazard insurance on the property.
4. I am aware of material defects in the basement or foundation (including cracks and bulges).
5. I am aware of leaks or material defects in the roof, ceilings, or chimney.
6. I am aware of material defects in the walls or floors.
7. I am aware of material defects in the electrical system.
8. I am aware of material defects in the plumbing system (include such things as water heater, sump pump, water treatment system, sprinkler system, and swimming pool).
9. I am aware of material defects in the well or well equipment.
10. I am aware of unsafe conditions in the drinking water.
11. I am aware of material defects in the heating, air conditioning, or ventilating systems.
12. I am aware of material defects in the fireplace or woodburning stove.
13. I am aware of material defects in the septic, sanitary sewer, or other disposal system.
14. I am aware of unsafe concentrations of radon on the premises.
15. I am aware of unsafe concentrations of or unsafe conditions relating to asbestos on the premises.
16. I am aware of unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises.
17. I am aware of mine subsidence, underground pits, settlement, sliding, upheaval, or other earth stability defects on the premises.
18. I am aware of current infestations of termites or other wood boring insects.
19. I am aware of a structural defect caused by previous infestations of termites or other wood boring insects.
20. I am aware of underground fuel storage tanks on the property.
21. I am aware of boundary or lot line disputes.
22. I have received notice of local, state or federal laws or regulations relating to this property, which violation has not been corrected.
23. I am aware that this property has been used for the manufacture of methamphetamine as defined in Section 10 of the Methamphetamine Control and Community Protection Act.

NOTE: These disclosures are not intended to cover the common elements of a condominium, but only the actual residential real property including limited common elements allocated to the exclusive use thereof that form an integral part of the condominium unit.

NOTE: These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected.

If any of the above are marked "not applicable" or "yes", please explain here or use additional pages, if necessary:

Check here if additional pages used:

Seller certifies that seller has prepared this statement and certifies that the information provided is based on the actual notice or actual knowledge of the seller without any specific investigation or inquiry on the part of the seller. The seller hereby authorizes any person representing any principal in this transaction to provide a copy of this report, and to disclose any information in the report, to any person in connection with any actual or anticipated sale of the property.

Seller: Date:

THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO OBTAIN OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED PROFESSIONAL.

Prospective Buyer: Date: Time:

Residential Real Property Disclosure Act - 765 ILCS 77

ARTICLE 1 - SHORT TITLE

This Act may be cited as the Residential Real Property Disclosure Act.

ARTICLE 2 - DISCLOSURES

The seller shall complete all applicable items in the disclosure document described in Section 35 of this Act. The seller shall deliver to the prospective buyer the written disclosure statement required by this Act before the signing of a written agreement by the seller and prospective buyer that would, subject to the satisfaction of any negotiated contingencies, require the prospective buyer to accept a transfer of the residential real property.

ARTICLE 3 - PREDATORY LENDING DATABASE

This section includes definitions and requirements related to mortgage applications, counseling, title insurance companies, and closing agents. It is included here as part of the printed act text and does not contain fillable form fields in this conversion.

ARTICLE 4 - EFFECTIVE DATE

This Act takes effect on October 1, 1994.

What the Residential Real Estate Disclosure Is

A Residential Real Estate Disclosure is a written statement provided by a seller or their agent that details known material facts about the condition, history, and legal status of a residential property. It typically covers structural defects, water intrusion, pest infestations, environmental hazards, zoning or easement issues, repairs or renovations, and any other facts that could affect a purchaser’s decision. The form serves to allocate risk, inform buyers during due diligence, and create a documented record of what the seller knew and disclosed prior to closing.

Why a Proper Disclosure Matters

Completing an accurate Residential Real Estate Disclosure reduces post-closing disputes, helps satisfy state disclosure statutes, and supports transparent negotiation between seller and buyer. It documents known property conditions and limits potential liability when truthful and complete.

Who Typically Completes and Relies on This Disclosure

Sellers and listing agents prepare the disclosure; buyers and their inspectors rely on it during inspections and contract contingencies.

Listing agents who gather facts and verify material information about the property for the seller.
Home sellers responsible for completing truthful answers about condition and history.
Buyers and home inspectors who review disclosures to prioritize inspections and negotiate repairs.

Accurate disclosures protect all parties by documenting known conditions; omissions or misstatements can lead to contract rescission, repair claims, or legal liability.

Representative Signers and Roles

Seller — Individual

A homeowner selling their property must sign or authorize the disclosure. If ownership is held by a trust or entity, an authorized representative should sign and indicate their capacity to bind the seller.

Listing Agent — Broker

The listing broker or agent often facilitates disclosure collection and delivery; they must avoid knowingly providing false information and should document the seller’s statements.

Step-by-Step: Completing and Delivering the Disclosure

Follow this sequence to minimize errors and meet timing obligations under purchase contracts and state law.

01

Collect Records: Gather permits, inspection reports, and repair invoices before completing the form.
02

Answer Completely: Provide clear, factual responses; avoid speculation or legal conclusions.
03

Sign and Date: Seller signs; agent initials where required; include the disclosure date.
04

Deliver to Buyer: Provide the completed disclosure to buyer or their agent per contract deadlines.

Essential Elements to Include in a Professional Disclosure

A complete disclosure balances legal requirements and practical buyer information; include both statutory items and material facts observed by the seller.

Property Condition

Summary of the physical condition of major systems: roof, foundation, HVAC, plumbing, electrical, and known defects that affect habitability.

Environmental Issues

Disclose known presence of lead, asbestos, radon, mold, contaminated soil, or other hazards that materially affect health or value.

Water and Drainage

Note history of flooding, water intrusion, drainage problems, or sump pump installations and how issues were addressed.

Pest and Infestation

Report prior or ongoing termite, rodent, or insect infestations and any treatments performed with dates and provider details.

Legal Matters

Disclose pending litigation, zoning violations, liens, easements, or boundary disputes relevant to marketability of title.

Alterations and Permits

State whether major renovations had permits and inspections, and identify any known unpermitted work that could affect resale or financing.

How to Configure an Online Disclosure Workflow

Set up a digital workflow that enforces required fields, captures consent, and records an audit trail to satisfy ESIGN and UETA tests.

Field	Configuration
Mandatory Fields	Mark seller name, address, effective date, and signature as required.
Conditional Questions	Show follow-up fields only when a seller answers 'Yes' to material defect prompts.
Authentication	Use email verification or SMS code to attribute the signer.
Retention Settings	Enable document archiving and a downloadable PDF with audit trail.

Where the Disclosure Goes and Who Sees It

Distribute the signed disclosure to all transaction participants and store copies in the closing file and title chain.

Buyer/Agent: Delivered to buyer or buyer’s agent for review and inspections.
Lender/Underwriter: Included in loan file if financing is involved.
Title Company: Added to title and closing documents for continuity.
Escrow/Closing: Placed in escrow to document pre-closing condition disclosures.

Digital Signing and Technical Requirements

Use an eSignature platform that documents signer intent, consent, and an auditable trail to meet ESIGN/UETA legal tests.

File Formats: Accepts PDF and DOCX and preserves layout when signed.
Authentication: Supports email, SMS, or stronger multi-factor verification.
Audit Trail: Captures timestamps, IP addresses, and action logs for each signer.

Ensure the chosen platform supports secure storage, exportable signed copies, and any industry-specific compliance such as HIPAA or 21 CFR when applicable.

Key Timing and Deadlines to Observe

Certain contract and statutory deadlines determine when the disclosure must be delivered and when buyers may cancel or request remedies.

Contract Delivery Deadline:

Meet the buyer delivery date specified in the purchase agreement.

Inspection Contingency:

Buyer typically has a specified inspection window after disclosure receipt.

Loan Commitment:

Lender review may impose additional deadlines tied to appraisal and underwriting.

Rescission Periods:

Some state rules create short rescission windows for certain nondisclosure remedies.

Record Retention Start:

Retention period usually begins on the effective disclosure date.

Typical Transaction Milestones

These sequential milestones show when the disclosure is prepared, delivered, and finalized during a sale transaction.

01

Prepare Disclosure

Seller completes form after gathering records and recent inspection results.

02

Deliver to Buyer

Seller or agent delivers disclosure to buyer prior to or with the contract.

03

Inspections and Repairs

Buyer schedules inspections and negotiates repairs or credits if needed.

04

Final Closing

Signed disclosure becomes part of the closing file and is retained with title documents.

Security and Compliance Attributes to Verify

Encryption: TLS 1.2/1.3 and AES-256

Audit Trail: Timestamps, IP, action log

Authentication: Email, SMS, or MFA

HIPAA Support: BAA available where required

Regulatory: ESIGN and UETA compliance

Certifications: SOC 2 Type II, ISO 27001

Common Penalties and Risks for Inaccurate Disclosures

Rescission: Buyer may rescind contract

Monetary Damages: Loss claims or repair costs

Title Issues: Insurance disputes or exceptions

Regulatory Fines: State penalties for statutory noncompliance

Closing Delays: Lender or insurer holds

Fraud Liability: Civil or criminal exposure

Frequent Preparation Mistakes to Avoid

Leaving subjective or vague answers rather than factual specifics about defects, which invites disputes and undermines buyer confidence.
Failing to attach or reference permits and inspection reports that corroborate repairs or renovations, causing lender or title delays.
Using inconsistent names or dates compared to deed or escrow paperwork, which can require corrective instruments before closing.
Assuming oral statements suffice; always record material disclosures in writing and retain signed copies in the transaction file.

Real-world Examples of Disclosure Use

Practical examples illustrate how accurate disclosures reduce friction and support compliant closings.

Martin Properties

Tim Martin, Founder at Martin Properties, used online disclosures to process remote closings efficiently.

He cited mobile signing and offline capability.
That approach reduced paperwork turnaround, supported full compliance checks, and allowed faster coordination with title and lenders across multiple markets.

Fertility Centers of Illinois

John Butler, Founder at Fertility Centers of Illinois, integrated disclosure workflows with existing systems for consistency.

Integration enabled centralized storage and audit trails.
The result was streamlined recordkeeping, reliable access to historical disclosures, and improved confidence during audits and accreditation reviews.

eSignature Pricing Comparison for Residential Disclosures

Compare common vendor pricing and feature differences relevant to high-volume residential disclosure workflows; signNow appears first for parity with platform details.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Varies
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

Frequently Asked Questions About Disclosures

Answers to common user questions about execution, electronic signatures, notarization, and document updates for residential disclosures.

Need help? Contact support

Can a disclosure be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and record retention are documented. Certain narrow exceptions (e.g., wills) do not apply to typical property disclosures.
Is notarization always required?
Notarization is generally required for deed acknowledgements in all states, but the disclosure form itself may not require a notary. Check state deed requirements and local custom; Florida and some other states impose specific witness rules for deeds.
What if a seller discovers a new defect after signing?
Amend the disclosure promptly and deliver the updated disclosure to the buyer and their agent. Consult contract provisions on material changes; late disclosures may affect remedies or closing conditions.
Does a buyer rely solely on the disclosure?
No. Buyers are advised to obtain independent inspections and not rely on seller answers alone; disclosures supplement but do not replace professional inspections.
How long must signed disclosures be retained?
Retain signed disclosures according to federal and state rules—commonly 3–7 years for transactional records, with longer retention for tax, title, or HIPAA-related records. Verify applicable federal citations such as IRC §6501(a) and 45 CFR §164.530(j).
Can disclosures be revised after delivery?
Yes. Sellers may correct or supplement disclosures by delivering an amended signed form. Ensure the amendment is dated and retained with the original for audit and closing purposes.

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