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Seller Information Declaration

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SELLER INFORMATION DECLARATION AND BUSINESS AGREEMENT

THIS SELLER INFORMATION DECLARATION AND BUSINESS AGREEMENT (the Agreement) is entered into by and between Seller Name: and Buyer Name: effective as of .

WHEREAS

WHEREAS, Seller is the lawful owner or authorized distributor of the goods and/or services to be provided under this Agreement and represents that the information provided herein is true, complete and accurate to the best of Seller's knowledge; and

WHEREAS, Buyer desires to obtain from Seller the goods and/or services described in the Scope of Work below, and Seller agrees to provide such goods and/or services subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend for this document to serve both as a declaration of Seller information and as the binding agreement governing the transaction between the parties.

SELLER IDENTIFICATION





SCOPE OF WORK

Seller shall provide the goods and/or services described below to Buyer in accordance with the terms of this Agreement. Specific deliverables, milestones and acceptance criteria must be described by Seller in the field below.

PAYMENT TERMS

Buyer shall pay Seller the sums set forth below in consideration for the goods and/or services delivered and accepted under this Agreement. Unless otherwise agreed in writing, amounts due are net of taxes and shall be paid in United States dollars.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective date of termination. For material breach, the non-breaching party may terminate if the breach is not cured within the greater of thirty (30) days or a cure period reasonably necessary under the circumstances following written notice.

CONFIDENTIALITY

The parties acknowledge that in connection with the performance of this Agreement each may disclose Confidential Information. “Confidential Information” means non-public business, technical, financial or product information disclosed by one party to the other that is marked or identified as confidential or that a reasonable person would deem confidential. Each receiving party shall: (a) use Confidential Information solely to perform obligations under this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; and (c) not disclose Confidential Information to any third party except to employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. Confidentiality obligations survive termination for a period of three (3) years, except for trade secrets which shall remain protected for as long as permitted by law.

REPRESENTATIONS, WARRANTIES AND DISCLOSURES

Seller represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement; (b) all information provided in this Declaration is true, accurate and complete; (c) the goods and/or services will be delivered free and clear of liens, claims and encumbrances except as expressly disclosed below; and (d) it is in compliance with all material laws and regulations applicable to its business and the performance of this Agreement.

PAYMENT INSTRUCTIONS

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles. The parties shall first attempt in good faith to resolve any dispute arising under or related to this Agreement by negotiation between senior representatives. If unresolved within thirty (30) days, disputes shall be resolved by binding arbitration in accordance with the parties' mutual agreement or, absent agreement, by arbitration under commercially reasonable rules selected by the party initiating arbitration.

ENTIRE AGREEMENT

This Agreement, including all attachments and the Seller Information provided herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. No amendment or waiver shall be effective unless in writing signed by both parties.

CERTIFICATION

By signing below, Seller certifies under penalty of perjury that all information provided in this Declaration is true, correct and complete, that Seller has full authority to enter into this Agreement, and that Seller will promptly notify Buyer in writing of any material change to the information provided. Seller agrees to indemnify and hold Buyer harmless from any damages, losses or liabilities resulting from false or misleading information supplied by Seller.

Seller:

By:

Date:

Buyer:

By:

Date:

Enter text✕

What the Seller Information Declaration Is and When It’s Used

The Seller Information Declaration is a standardized form sellers provide to disclose identity, authority to transfer, tax details, and material facts about the asset or property being conveyed. Typical fields collect legal name, contact information, taxpayer identification (SSN or EIN), proof of signing authority, a clear property or asset description, and any known encumbrances. Buyers, title companies, lenders, escrow agents, and government reporters rely on it to verify chain of title, satisfy tax reporting, and support closing. The declaration may be executed on paper or electronically and sometimes requires notarization or witnesses under state law.

Why a Clear Seller Information Declaration Matters

A complete Seller Information Declaration reduces closing delays, supports accurate tax reporting, and helps title insurers and lenders assess risk. Accurate entries limit the chance of backup withholding, recording rejections, and post-closing disputes, improving transaction certainty for all parties.

Why a Clear Seller Information Declaration Matters

Who Commonly Prepares, Reviews, or Receives This Form

Typical participants include sellers, real estate brokers, escrow and title officers, lenders, and legal counsel who need reliable seller identity and asset details.

  • Real estate brokers and listing agents — prepare and submit declarations during property sales and disclosure processes.
  • Title companies and escrow officers — use declarations to confirm ownership, liens, and to clear title for closing.
  • Lenders and underwriters — require seller details for payoff calculations, escrow routing, and tax-reporting verification.

Keep the form with closing records and distribute copies to title, escrow, and tax teams to ensure consistent records and compliance.

Step-by-Step: Completing the Seller Information Declaration

Follow these sequential steps to prepare, verify, and execute the Seller Information Declaration so it’s accepted by title, escrow, and tax authorities.

  • 01
    Prepare Documents: Gather government ID, title paperwork, and any W-9 or tax forms.
  • 02
    Complete Fields: Enter accurate legal names, addresses, and MM/DD/YYYY dates; avoid abbreviations.
  • 03
    Verify Authority: Attach POA or corporate resolution when signing on behalf of a legal entity.
  • 04
    Sign & Notarize: Signatures and notarization must meet state or buyer requirements before recording.

Routing and Submission: Where Completed Declarations Typically Go

This explains common destinations and recipients for the completed Seller Information Declaration during a transaction lifecycle.

  • To Buyer or Agent: Send to buyer or buyer's agent for review and acceptance.
  • Title Company: Provide copy to title insurer for searches and underwriting.
  • Escrow and Lender: Submit to escrow or lender for payoff computations and closing delivery.
  • County Recorder: If required, deliver recorded deed and related documents to the county recorder.

How to Configure an Online Workflow for This Declaration

Set up a digital workflow to capture fields, attach documents, and enforce signer authentication and routing rules for the declaration.

Field Configuration
Signer Authentication Email link | SMS code or KBA
Required Attachments ID upload | Title documents (PDF)
Conditional Fields Show POA field | If seller signs for entity
Final Delivery Email + download | Send to escrow/title

Technical Requirements for Electronic Completion and Distribution

Ensure your platform supports PDF and DOCX uploads, secure storage, audit trails, and lawful e-signatures when sending Seller Information Declarations electronically.

  • File Formats: PDF, DOCX accepted
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email link, SMS code, KBA

Timing Considerations and Key Deadlines

Identify when the declaration must be completed, delivered to title or escrow, and when tax reporting obligations are triggered for the transaction.

Form Completion:

Complete before escrow closing; verify at signing.

Delivery to Title:

Provide copy to title company within three business days of acceptance.

Tax Reporting Trigger:

Submit W-9 when requested to avoid backup withholding obligations.

Notarization Deadline:

Obtain notarization before recording when required by buyer or county.

Recording Timing:

Record deed and related documents per county recorder schedules.

Transaction Milestones from Disclosure to Recording

Sequential milestones outline the process from initial seller disclosure through final recording and retention.

01

Prepare Declaration

Seller completes form and assembles supporting documents.

02

Verification Review

Buyer, title, and lender review declaration and request clarifications.

03

Execution and Notarization

Sellers sign; notarization or witnesses provided if required.

04

Recording & Retention

Deliver final documents for recording and store originals securely.

Common Preparation Errors to Avoid

  • Incomplete or inconsistent names across documents cause title search delays and may require re-execution or corrective affidavits.
  • Missing or incorrect Taxpayer Identification Numbers can trigger backup withholding, IRS notices, and penalties if not corrected promptly.
  • Failing to attach a power of attorney or corporate resolution when an agent signs creates authority disputes and can void the transfer.
  • Using unsecured email or unverified signing methods risks repudiation; absence of an audit trail hinders legal enforcement.

Potential Legal and Financial Consequences of Errors

Tax Penalties: May trigger IRC §6721 penalties ($60–$330+ per form).
Backup Withholding: 24% withholding if TIN is missing or incorrect (IRC §3406).
Recording Rejection: Improper notarization or witness errors can lead to rejected recordings.
Fraud Liability: False declarations expose signers to civil and criminal liability.
Contract Delays: Inaccuracies delay closings and can increase transaction costs.
Title Insurance Risk: Undisclosed liens may impair issuance or coverage of title insurance.

eSignature Vendor Comparison for Executing the Seller Information Declaration

Common vendor features and starting prices shown below help compare basic cost and compliance capabilities for e-signing and routing Seller Information Declarations.

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 No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Answers to common operational, legal, and technical questions encountered when preparing, signing, and storing Seller Information Declarations.


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