Are the SPQ and TDS the same document?

They can be combined or separate depending on state practice. A Transfer Disclosure Statement is a statutorily recognized form in some states; a Seller Property Questionnaire is an additional factual checklist. Use the state-mandated form where one exists and supplement with questionnaire details where customary.

Can the disclosure be signed electronically?

Yes—electronic signatures are valid under the federal ESIGN Act (15 U.S.C. §7001) and the UETA in most states, provided intent, consent, attribution, and record retention are satisfied; consumer-facing disclosures may require ESIGN consumer consent procedures.

Is notarization required for this disclosure?

The disclosure itself is generally not a notarized instrument, but conveyance documents such as deeds typically require notary acknowledgement in all states. Remote Online Notarization rules vary by state and should be verified with the state notary commission.

What should I do if defects arise after signing?

Promptly amend the disclosure and notify the buyer and escrow. Depending on timing and severity, remedies may include negotiated credits, repairs, escrow holdbacks, or a corrective affidavit; unresolved misrepresentations can lead to civil claims.

Who is required to sign the Seller SPQ TDS?

All record owners of the property must sign, or an authorized signatory for an entity. Signatures must match title records; discrepancies can delay closing and often require additional affidavits or re-execution.

How long should copies be retained?

Retain disclosure copies according to applicable standards: maintain transaction records for at least three years for tax purposes (IRC §6501(a)), seven years for many real estate dispute defenses, and six years for HIPAA-covered records (45 CFR §164.530(j)) where applicable.

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Real estate
Seller SPQ TDS Property Disclosure

Seller SPQ TDS Property Disclosure

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SELLER SPQ TDS PROPERTY DISCLOSURE

Property Identification

Property Address:

Parcel / APN Number Legal Description

Seller Information

Seller Full Legal Name Seller Contact Address

Phone

Email

Disclosure Date and Transaction

Date of Disclosure:

Buyer Name (if known)

Disclosure Questions — Mark Yes, No, or Unknown and provide details as required

1. Structural / Foundation

Has the seller observed any structural defects, foundation movement, settling, or significant cracks? Yes No Unknown

If yes or unknown, describe

2. Roof

Any leaks, repairs, replacements, or known age issues with the roof or gutters? Yes No Unknown

If yes or unknown, describe

3. Plumbing

Known leaks, past plumbing repairs, sewer or septic system problems, or material (lead, polybutylene) issues? Yes No Unknown

If yes or unknown, describe

4. Electrical

Any known electrical defects, panel upgrades, unpermitted wiring, or recurring outages? Yes No Unknown

If yes or unknown, describe

5. Heating, Ventilation, Air Conditioning (HVAC)

Condition, age, known defects, or service issues with heating or cooling systems? Yes No Unknown

If yes or unknown, describe

6. Appliances and Systems Included

List appliances or systems that will remain and note any defects:

7. Water Intrusion / Mold / Moisture

Prior water intrusion, flooding, chronic moisture, or mold issues? Yes No Unknown

If yes or unknown, describe remediation, dates, and contractor information

8. Pests / Termites

Evidence of wood-destroying pests, prior treatment, or structural damage from pests? Yes No Unknown

If yes or unknown, provide treatment dates and reports

9. Hazardous Materials / Environmental

Presence or removal of lead-based paint (if applicable), asbestos, radon, underground storage tanks, or hazardous substances? Yes No Unknown

If yes or unknown, describe and attach remediation documentation if any

10. Additions / Alterations / Permits

Any additions, conversions, or significant alterations performed without permits, or with open permits or notices? Yes No Unknown

If yes or unknown, describe work, dates, and permit status

11. Easements / Encroachments / CC&Rs / HOA

Known recorded easements, encroachments, boundary disputes, homeowners association, fees, or pending assessments? Yes No Unknown

If yes or unknown, describe and provide governing documents if available

12. Insurance Claims / Loss History

Any insurance claims, fire, flood, or other losses to the property? Yes No Unknown

If yes, provide dates, nature of loss, and remediation completed

13. Occupancy / Tenants / Leases

Is the property occupied by tenants, subject to leases, or rent agreements? Yes No Unknown

If yes, attach or summarize lease terms, security deposits, and tenant contact

Known Defects, Repairs and Additional Disclosures

List all material defects known to the seller that have not been previously described above, and describe any repairs, who performed them, and whether permits were obtained.

Seller Certification

The undersigned Seller(s) certify to the best of their knowledge that the statements contained herein are true and correct. Seller acknowledges this disclosure is not a substitute for a professional inspection by the Buyer. Seller is not making any warranty beyond the statements herein and has disclosed all known material facts affecting the property's value or desirability. Seller agrees to update this disclosure should Seller obtain knowledge of facts materially affecting the property prior to closing.

Buyer Acknowledgment

The undersigned Buyer acknowledges receipt of this Seller SPQ TDS Property Disclosure and that Buyer has been advised to obtain inspections, reports, and assessments as Buyer deems appropriate. Buyer acknowledges that reliance on this disclosure does not relieve Buyer of the obligation to independently verify property condition.

Governing Law and Miscellaneous

This disclosure shall be governed by the laws of the state in which the property is located. This document, together with any attachments, constitutes the entire disclosure regarding the matters stated herein and supersedes any prior oral statements of Seller regarding such matters. Any amendment must be in writing and signed by Seller.

Additional Remarks

Seller Printed Name:

Seller Signature:

Date:

Buyer Printed Name:

Buyer Signature:

Date:

What the Seller SPQ TDS Property Disclosure Is

The Seller SPQ TDS Property Disclosure is a combined seller property questionnaire and Transfer Disclosure Statement used in U.S. residential real estate transactions to record a seller's knowledge of property condition. It prompts disclosure of structural, mechanical, environmental, and title-related items and often requires seller signature and dates. The completed form informs buyer inspections, lender underwriting, and escrow processing. Because local formats and required fields vary, use the state-specific TDS/SPQ version for the jurisdiction where the property is located to ensure compliance with local real estate rules.

Why Accurate Disclosure Matters

Completing the Seller SPQ TDS Property Disclosure accurately reduces post-closing disputes, supports lender and escrow requirements, and documents seller knowledge. Clear disclosures help buyers scope inspections, preserve contractual remedies, and can limit seller liability when facts are reported truthfully and timely.

Who Prepares and Relies on This Disclosure

Typical users who prepare or rely on the Seller SPQ TDS Property Disclosure include sellers, listing agents, buyers, and title or escrow officers during the sale process.

Sellers — complete factual responses about the property's systems, repairs, and material defects, and sign to acknowledge accuracy.
Listing agents — collect disclosures, advise sellers on completeness, and provide the form to prospective buyers and escrow.
Escrow and title officers — use disclosures for title clearance, lender review, and to coordinate required inspections.

Accurate completion reduces disputes, supports lender requirements, and is often required by state law or local custom.

Primary Sections Found on a Professional Disclosure

Standard Seller SPQ TDS Property Disclosure forms organize seller responses into discrete sections that capture material facts, timelines, and supporting documentation to aid buyer review and escrow processing.

Property Basics

Identify the parcel, full address, legal description, year built, and contact information to tie the disclosure to recorded property records and title search references.

Structural Systems

Questions about foundation, roof, walls, and drainage including past repairs, dates, and any ongoing issues that could affect habitability or structural integrity.

Mechanical Systems

Record condition and service history for plumbing, electrical, HVAC, water heater, and gas systems; note code violations or safety hazards when known.

Environmental Issues

Declare asbestos, lead-based paint, mold, radon, underground storage tanks, or contamination; disclose remediation history and attach inspection or lab reports when available.

Easements & Title

Report recorded easements, encroachments, boundary disputes, liens, or covenants that affect use, access, or transferability and include document references if known.

Appliances & Amenities

List included appliances, pool and spa condition, solar systems, transferable warranties, and any service contracts with dates and provider contact information where applicable.

Required Information Elements at a Glance

Seller Name: Full legal name as on ID.

Property Address: Street, city, state, ZIP.

Assessor Parcel: Assessor parcel number or legal description.

Disclosure Dates: Effective date and signing date.

Signatures: All owners must sign and date.

Known Defects: Concise list of material defects.

Stepwise Process to Complete and Deliver the Form

A simple sequence to prepare, sign, and distribute the Seller SPQ TDS Property Disclosure during a typical residential sale.

01

Gather Records: Collect permits, receipts, and inspection reports.
02

Complete Form: Answer each question accurately and add explanatory notes.
03

Sign & Date: All owners sign; include dates and initials where required.
04

Deliver to Parties: Provide copies to buyer, buyer's agent, and escrow promptly.

Where to Send the Completed Disclosure

Typical routing for a completed disclosure includes transmission to buyer, buyer's agent, escrow/title, and lender at key transaction milestones for review and recordkeeping.

To Buyer: Delivered with listing packet or by email for buyer review.
To Buyer's Agent: Shared so the agent can scope inspections and negotiations.
To Escrow/Title: Uploaded to escrow for lender and title company review.
To Lender: Provided to lender to support underwriting and appraisal.

Technology and Compliance Considerations

Technology and platform requirements for e-signing, remote notarization, secure transmission, and storing the completed Seller SPQ TDS Property Disclosure.

File Formats: PDF and DOCX formats recommended for compatibility.
Integrations: Integrates with escrow, title, and MLS systems.
Authentication: Email link, SMS code, or knowledge-based options.

Setting Up an Online Disclosure Workflow

Configuration checklist for an electronic disclosure workflow covering authentication, required fields, notifications, and archive settings.

Field	Configuration
Authentication	Email link; optional SMS one-time passcode for stronger verification
Required Fields	Mark seller signatures and effective dates as mandatory fields
Conditional Logic	Show repair or remediation detail fields only when 'Yes' is selected
Audit Trail	Enable IP address, timestamp, and action logs for each signer

Timing Checkpoints for Delivery and Review

Key timing checkpoints for preparing, delivering, and reviewing the Seller SPQ TDS Property Disclosure prior to closing.

Before Listing:

Complete disclosure prior to marketing to avoid surprises in negotiations.

At Offer:

Provide disclosure with or before the buyer's offer if local custom requires it.

Escrow Opening:

Upload to escrow upon opening for title and lender review.

Prior to Inspection:

Buyers use disclosures to scope inspections and contingency items.

Closing:

Final disclosures are retained in escrow and provided to closing parties.

Consequences of Inaccurate or Incomplete Disclosures

Rescission Risk: Buyer may cancel sale.

Monetary Damages: Civil claims for misrepresentation.

Title Delays: Issues can delay closing.

Fines or Penalties: State administrative fines possible.

Loan Denial: Lender may require remediation.

Criminal Liability: Intentional fraud can trigger charges.

Common Preparation Errors to Avoid

Incomplete repair histories often lead to post-closing disputes and escrow holdbacks when buyers uncover undocumented defects.
Vague answers such as 'repairs as needed' create ambiguity for buyers and underwriters and hinder fair negotiations.
Referencing but not attaching inspection or remediation reports undermines disclosure credibility and prolongs title clearance.
Mismatched owner names between disclosure and deed records delay closing and may require corrective affidavits or re-execution.

eSignature Provider Comparison for Property Disclosures

Feature and pricing snapshot for common eSignature providers used to execute property disclosures; signNow is listed first in the comparison for clarity.

	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

Common questions and practical answers about completing, signing, and submitting the Seller SPQ TDS Property Disclosure in U.S. residential transactions.

Need help? Contact support

Are the SPQ and TDS the same document?
They can be combined or separate depending on state practice. A Transfer Disclosure Statement is a statutorily recognized form in some states; a Seller Property Questionnaire is an additional factual checklist. Use the state-mandated form where one exists and supplement with questionnaire details where customary.
Can the disclosure be signed electronically?
Yes—electronic signatures are valid under the federal ESIGN Act (15 U.S.C. §7001) and the UETA in most states, provided intent, consent, attribution, and record retention are satisfied; consumer-facing disclosures may require ESIGN consumer consent procedures.
Is notarization required for this disclosure?
The disclosure itself is generally not a notarized instrument, but conveyance documents such as deeds typically require notary acknowledgement in all states. Remote Online Notarization rules vary by state and should be verified with the state notary commission.
What should I do if defects arise after signing?
Promptly amend the disclosure and notify the buyer and escrow. Depending on timing and severity, remedies may include negotiated credits, repairs, escrow holdbacks, or a corrective affidavit; unresolved misrepresentations can lead to civil claims.
Who is required to sign the Seller SPQ TDS?
All record owners of the property must sign, or an authorized signatory for an entity. Signatures must match title records; discrepancies can delay closing and often require additional affidavits or re-execution.
How long should copies be retained?
Retain disclosure copies according to applicable standards: maintain transaction records for at least three years for tax purposes (IRC §6501(a)), seven years for many real estate dispute defenses, and six years for HIPAA-covered records (45 CFR §164.530(j)) where applicable.

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