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Seller Property Condition Disclosure

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Residential Property Disclosure and Disclaimer Statement

Instructions to the Seller

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA". If the answer to any items requires explanation, explain on attached sheets, if necessary.

Notice to the Buyer

The following disclosures are made by the seller(s), concerning the condition of the property located at ("the property"), or as legally described on attached Exhibit A.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time this disclosure form is completed by the seller. The following are disclosures made by the seller and are not the representations of any real estate licensee or other party. This information is for disclosure only and is not intended to be a part of any written agreement between the buyer and the seller.

For a more comprehensive examination of the specific condition of this property you are advised to obtain and pay for the services of a qualified specialist to inspect the property on your behalf, for example, architects, engineers, land surveyors, plumbers, electricians, roofers, building inspectors, or pest and dry rot inspectors. The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and to provide for appropriate provisions in a contract between them with respect to any advice, inspection, defects or warranties.

Seller(s), , / currently occupying the property.

Seller has owned the property for years.

I. Seller’s Disclosures

1. Title

A. Do you have legal authority to sell the property?

B. Is title to the property subject to any of the following?

(1) First right of refusal

If yes, explain:

(2) Option

If yes, explain:

(3) Lease or Rental Agreement

If yes, explain:

(4) Life Estate

If yes, explain:

C. Are there any encroachments, boundary disputes, or boundary agreements?

If yes, explain:

D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property?

If yes, explain:

E. Are there any written agreements for joint maintenance of an easement or right of way?

If yes, explain:

F. Is there any study, survey project, or notice that would adversely affect the property?

If yes, explain:

G. Are there any pending or existing assessments against the property?

If yes, explain:

H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling?

If yes, explain:

I. Is there a boundary survey for the property?

If yes, attach survey.

J. Are the property’s boundaries marked?

If yes, explain:

K. Are there fences on the property?

If yes, were the fences put up by the property owner?

L. Are any trees or other flora on the property diseased, dead or damaged?

If yes, explain:

M. Are there any covenants, conditions, or restrictions which affect the property?

If yes, explain:

N. Is the property accessed by public or private road?

If private, what yearly upkeep amount is paid by the property owner?

If private, explain road upkeep in detail:

2. Water

A. Household Water

(1) The source of the water is:

(2) Water source information:

a. Are there any written agreements for shared water source?

If yes, explain:

b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source?

If yes, explain:

c. Are any known problems or repairs needed?

If yes, explain:

d. Does the source provide an adequate year round supply of potable water?

e. Are there any water treatment systems (softener, purifier, etc.) for the property?

If yes, explain, and state if the system(s) is/are leased or owned:

B. Irrigation

(1) Are there any water rights for the property?

If yes, explain:

(2) If they exist, to your knowledge, have the water rights been used during the last five-year period?

If yes, explain:

(3) If so, is the certificate available?

Explain:

C. Outdoor Sprinkler System

(1) Is there an outdoor sprinkler system for the property?

(2) Are there any defects in the outdoor sprinkler system?

If yes, explain:

3. Sewer/Septic System

A. The property is served by (circle one):

If other, describe:

B. If the property is served by a public or community sewer main, is the house connected to the main?

If no, explain:

C. Is the property currently subject to a sewer capacity charge?

If yes, explain:

D. If the property is connected to a septic system:

(1) Was a permit issued for its construction, and was it approved by the city or county following its construction?

(2) On what date was it last pumped:

(3) Are there any defects in the operation of the septic system?

If yes, explain:

(4) On what date was it last inspected: By whom:

(5) How many bedrooms was the system approved for?

E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system?

If no, explain:

F. Are you aware of any changes or repairs to the septic system?

If yes, explain:

G. Is the septic system, including drainage field, located entirely within the property’s boundaries?

If no, explain:

4. Structural

A. How old is the current roof? years.

Roof is constructed of:

B. Has the roof leaked during your ownership?

If yes, has it been repaired?

Explain any roof repairs of which you are aware:

C. Has the house undergone any conversions, additions, or remodeling?

1. If yes, were all building permits obtained?

2. If yes, were all final inspections obtained?

Explain any conversions/additions/remodeling:

D. Do you know the age of the house?

If yes, give year of original construction (if approximation, indicate such):

E. Are you aware of:

(1) Any movement, shifting, deterioration or other problems with walls, foundation, crawl space or slab?

(2) Any cracks or flaws in the walls, ceilings, foundations, concrete slab, crawl space, basement, floors or garage?

(3) Any water leakage or dampness in the crawl space or basement?

(4) Any dry rot on the property?

(5) Any repairs or other attempts to control the cause or effect of any problem described above?

Explain any “Yes” answer(s) to 1-5 above:

F. If you know of any defect(s) regarding the following items, mark the defective item with a check:

If you checked any of the above items, explain the defect(s):

G. In the last 4 years, was a pest, dry rot, structural or "whole house" inspection done?

If yes, which test(s), when, and by whom was the inspection done?

H. Has the property had a problem with pest control, infestations, or vermin?

If yes, explain:

I. Are you aware of:

(1) Any termites, wood destroying insects or pests on or affecting the property?

(2) Property damage by termites, wood destroying insects or pests?

(3) Any termite/pest control treatments on the property in the last 4 years?

If yes, list company and where treated:

(4) Current warranty or other coverage by a licensed pest control company on the property?

If yes, explain warranty and attach documentation:

J. Have you made a homeowner’s insurance claim(s) regarding the property in the last 4 years?

If yes, explain when and why:

5. Systems and Fixtures

If the following systems or fixtures are included with the transfer, do they have any existing defects:

A. Electrical system, including wiring, all switches, all outlets, and service

If yes, explain:

What type of wiring comprises the electrical system?

B. Plumbing system, including pipes, faucets, fixtures, and toilets

If yes, explain:

C. Hot water heater (mark one): Age:

If yes, explain:

D. Oven/stove: Age:

If yes, explain:

E. List ANY OTHER APPLIANCES TO REMAIN, attach separate sheet if necessary.

1. Age:

If yes, explain:

2. Age:

If yes, explain:

3. Age:

If yes, explain:

F. Cooling and Heating systems

Air Conditioning (mark one): # included in sale:

Air Conditioning (continued): Age of cooling system: Zoned cooling?

Air Conditioning defects? explain:

Heating system (mark one):

Age of heating system: Zoned heating?

Heating system defects? explain:

Last date of servicing: Heating: Cooling: By whom:

Are there rooms without heating/air conditioning vents?

If yes, which rooms:

G. Security system (Circle One): Any defects?

Describe security system:

If defects are indicated, explain:

H. Other: Any defects?

If defects are indicated, explain:

6. Common Interest

A. Is there a Home Owners' Association?

If yes, what is the name of the association?

B. Are there regular periodic assessments?

If yes, give amount per: Month: Year: Other:

If other, explain:

C. Are there any pending special assessments?

D. Are there any shared “common areas” or any joint maintenance agreements?

If any such areas exist, explain:

7. Appliances, Heating, Plumbing, Electrical and Other Mechanical Systems

Instructions: Mark INCL if the item is included in the sale. If item is included in sale, mark Yes or No to indicate whether item is in working order. Indicate the item’s approximate age (in years) in the ‘age’ space, if provided-- if age is unknown, mark ‘?’ in space.

Explanations: if any item above is NOT in working order, list the item and explain the defect in the space below.

8. General

A. Is there any settling, soil, standing water, or drainage problems on the property?

If yes, explain:

B. Does the property contain fill material?

C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides?

If yes, explain:

D. Is the property in a designated flood plain?

E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks and contaminated soil or water on the subject property?

If yes, explain:

F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property?

If yes, explain, and give approx. position (attach map):

G. Has the property ever been used as an illegal drug-manufacturing site?

If yes, explain:

H. If the property contains a wood-burning stove or fireplace, when was/were the chimney(ies) last cleaned? Detail date(s) and chimney(ies), or mark Unknown:

I. Are you aware of any of the following regarding the property?

If any of the above are marked, explain:

J. If any tests to detect radon gas have been done on the property, provide documentation. If radon gas has been detected on the property, explain when, where, by whom, and all other details:

9. Full Disclosure by Sellers

A. Other conditions or defects: Does the Seller know of any other material defects affecting this property or its value that a prospective buyer should know about?

If yes, explain:

B. Verification:

The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.

Date:

Seller:

Seller:

II. Buyer’s Acknowledgment

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C. Buyer (which term includes all persons signing the buyer's acknowledgement portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time of disclosure.

Buyer hereby acknowledges receipt of a copy of this real property transfer disclosure statement and acknowledges that the disclosures made herein are those of the seller only, and not of any real estate licensee or other party.

Date:

Buyer:

Buyer:

Enter text

What the Seller Property Condition Disclosure Is and Why It Matters

A Seller Property Condition Disclosure is a standardized statement completed by a property seller describing known material facts and defects about a residential property. It typically covers structural systems, roof, plumbing, electrical, appliances, pest or environmental issues, prior repairs, and any conditions that could materially affect value or habitability. Buyers rely on the disclosure during inspection and contingency periods; lenders and title companies review it for underwriting and title exceptions. Many states require a written disclosure as part of the sales process and may impose statutory remedies for inaccurate statements.

Benefits of Completing a Clear, Accurate Disclosure

Completing the Seller Property Condition Disclosure reduces post-closing disputes, informs buyer inspections, helps manage purchase timelines, and demonstrates good-faith compliance with state law. Accurate disclosures can limit seller liability, speed title clearance, and improve transparency between parties during negotiation and closing.

Benefits of Completing a Clear, Accurate Disclosure

Who Typically Prepares and Reviews This Disclosure

This form is created by sellers and reviewed by buyers, agents, title companies, and lenders before closing.

  • Home sellers preparing the property for sale and documenting known defects, past repairs, and utility information for buyers.
  • Real estate agents who collect disclosures from sellers, include them in listings, and advise on state-specific disclosure obligations.
  • Title companies and lenders that review disclosures to identify exceptions or underwriting concerns prior to closing.

All parties rely on its accuracy; legal or contractual remedies may follow from material omissions or misstatements.

Step-by-Step: Completing the Seller Property Condition Disclosure

Follow these steps to complete a thorough and legally compliant disclosure before listing or accepting an offer.

  • 01
    Gather records: Collect receipts, permits, and repair histories for the property.
  • 02
    Answer checklist: Complete each section honestly; indicate 'unknown' rather than guess.
  • 03
    Attach evidence: Include photos, invoices, and permits that support answers.
  • 04
    Sign and date: Seller signs and dates; include co-owner signatures where required.

How the Disclosure Moves Through the Transaction

Understanding the routing and timing helps ensure disclosures are available to buyers, inspectors, lenders, and title agents.

  • Prepare and sign: Seller completes and signs before listing or at buyer request.
  • Share with buyer: Agent or seller provides disclosure to prospective buyers and inspectors.
  • Review during contingencies: Buyers evaluate disclosures alongside inspections and negotiate repairs or credits.
  • Recordkeeping: Final signed disclosure retained with closing documents for legal and title purposes.

Digital Submission and File Formats

Digital disclosures are typically uploaded as PDF or DOCX and transmitted by email or secure platforms.

  • Supported formats: PDF, DOCX, and scanned images are acceptable.
  • Integrations: Works with CRM and storage integrations like Salesforce and Google Drive.
  • Authentication: Email, SMS code, or stronger signer authentication available.

Use platforms that produce an audit trail and preserve the signed record; ensure your workflow meets state electronic signature rules and record retention needs.

Core Sections and Attachments to Include

A professional disclosure is organized, factual, and supported by attachments that substantiate seller statements.

Property Details

Parcel or legal description, full address, square footage, and occupancy status to tie the disclosure to the correct property and title records.

Systems and Appliances

Clear entries for HVAC, plumbing, electrical, water heater, and connected appliances; include age, service history, and known defects.

Structural Items

Basement, foundation, roof, and drainage conditions; report settlement, cracks, leaks, and prior remediation with dates and contractor information.

Environmental and Pest Issues

Disclose known mold, asbestos, lead, radon, termites, or pest treatments; attach inspection reports or remediation receipts when available.

Previous Repairs

List major repairs or renovations, whether permits were obtained, and any warranties or transferable guarantees that accompany work.

Supporting Documents

Attach permits, invoices, inspection reports, and photographs to substantiate answers and reduce follow-up questions during contingencies.

Security and Compliance Considerations

Encryption in transit: TLS 1.2 and 1.3 in transit
Data at rest: AES-256 encryption at rest
Audit trail: Detailed timestamped activity log
HIPAA compliance: BAA available where required
Regulatory standards: SOC 2 Type II and ISO 27001
FDA / 21 CFR: 21 CFR Part 11 supported

Common Legal Risks from Inaccurate Disclosures

Misrepresentation: Civil damages possible
Contract rescission: Buyer may cancel
Title objections: Closing delays
Regulatory fines: State penalties possible
Insurance denial: Claims may be refused
Escrow holdbacks: Funds may be retained

Timing and Critical Deadlines in the Sale Process

Meet these timing expectations to avoid contractual breaches and to support lender and title workflows.

Before listing:

Complete disclosure prior to marketing or at listing creation.

At offer or acceptance:

Provide the disclosure to buyer during offer review or upon contract acceptance.

Inspection period:

Buyer reviews disclosures alongside inspections and may request repairs or credits.

Prior to closing:

Ensure final signed disclosure is included in closing package.

Record retention:

Retain the signed disclosure according to document retention policies.

Practical Tips to Minimize Risk and Improve Accuracy

Adopt these practical measures to reduce disputes and to support a smooth closing process.

Be thorough and specific
Provide concrete descriptions, dates, and contractor names for repairs. Vague statements invite buyer queries and may be interpreted against the seller in disputes; attach receipts and permits whenever possible.
Disclose even uncertain issues
If you suspect a problem but lack full details, state 'unknown' and explain the basis. Honest, documented uncertainty reduces claims of intentional concealment.
Update before closing
If conditions change between disclosure and closing, provide an updated disclosure. Failure to update can create exposure if new defects appear after transfer.
Preserve evidence
Keep all supporting documents, invoices, inspection reports, and signed disclosures in a secure, auditable system for the recommended retention period.

Comparing eSignature Providers for Completing Disclosures

Selected eSignature vendors and core plan attributes relevant to completing and retaining signed Seller Property Condition Disclosures are summarized below.

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 Varies Varies Varies
Bulk Send Yes (Premium plan) Yes Yes Yes No
Audit Trail Yes, detailed audit trail Yes, detailed audit trail Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes (BAA available) Yes No No

Frequently Asked Questions About Seller Property Condition Disclosures

Answers to the most common questions about signing, notarization, updates, and legal effect for seller disclosures.


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