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Sellers Affidavit Form

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OWNER'S (SELLER'S) AFFIDAVIT

NOTE: Complete all provisions which apply.

STATE OF FLORIDA, COUNTY OF , SS:

(In this Affidavit the pronoun "We" means "I" when there is only one Purchaser.)

We, (owners), being sworn according to law, say under oath that:

1. We are 21 years old or older. We are the sole owners of the real estate and improvements ("Property") located at:

We received a deed to the Property dated . We are now the Sellers of the Property.

Marital Status:

2. We have been and are now (being the time and date that we are signing this Affidavit) married to each other. If not married, so state here: .

Liens:

3. In this Affidavit, a lien is a legal claim of another against property for (a) the payment of a debt or (b) the performance of an obligation. Examples of liens are (a) a judgment of a court for the payment of money owed, (b) a mortgage on real estate given as security for a loan, (c) an obligation owing to a contractor, subcontractor or other mechanic who has furnished labor or material for the improvement of real estate and for which money is owed, and (d) taxes and assessments assessed against real estate. There are no liens against the Property as a result of (a) debts that we owe or (b) obligations we have undertaken, except:

(a) Real estate taxes and assessments for this year.

(b) Other

No Mechanic's Liens; Rights to Liens:

4. During the last 60 days prior to the date we have signed this Affidavit, we have made no repairs, additions, or improvements, nor ordered or contracted for any labor or materials to be performed or furnished to the Property, which have not been paid in full. We do not owe any money for improvements, labor or materials performed on or furnished to the Property within 60 days immediately preceding the date of this Affidavit. Nor have we received any notice from anyone claiming to have not been paid in full, and there are no outstanding or disputed claims for any such work or item. No such work is now in progress.

Fixtures:

5. We have fully paid for all fixtures, appliances, or other personal property attached to or otherwise used with the improvements on the Property.

No Pending Governmental Improvements:

6. There has been no work done, and we have not received any notice that any work is to be done, by the City, Village, County, Township, State of Florida or any sewer district or other governmental authority, or at its direction, in connection with the installation of sewer, water, curbs, sidewalks, streets or alleys, or repairs or improvements thereto.

No Nuisance or Condemnation:

7. We have not received any notice from any governmental authority for the removal or abatement of any nuisance or any notice of condemnation or other exercise of the power of eminent domain, or for the violation of any Zoning Regulations concerning the Property.

No Hidden Structural Defects:

8. There are no hidden structural defects in the Property.

Boundary Lines, etc.:

9. All of the utilities and improvements concerning the Property are located within the boundary lines of the subject real estate or within lands dedicated to public use or within recorded easements for the same. There have been no violations of any restrictions affecting the Property. There are no disputes with any adjoining property owners as to the location of property lines or the encroachment of any improvements.

No Lawsuits:

10. The are no pending lawsuits against us in any court. We have not received notice of any lawsuits pending against us.

No Bankruptcy or Receivership:

11. We are not a debtor in any proceeding under the bankruptcy laws of the United States, and no bankruptcy or insolvency proceedings have been started by or against us. No receiver or trustee has ever been appointed to take possession of the Property. Our sale of the Property is not made for the purpose of hindering, delaying or defrauding any of our creditors.

Easements:

12. In this Affidavit, an easement is a right given to another for a specific and limited use of real estate. An example of an easement is a right given to a utility company to maintain poles on the property. We have not given anyone any unrecorded easements affecting the Property. Nor have we given anyone any other unrecorded rights or interests in the Property, such as land contracts, mortgages, deeds, options, leases or licenses to use any part of the Property.

Liens Affecting Similar Names:

13. Our attention has been called to the liens listed below. The liens listed below are for debts or obligations of others with names similar to or the same as ours. We are not the same person as named in the following liens:

Reliance By & Obligations To Mortgagee & Title Insurance Company:

14. We know that ("Mortgagee" is making a loan to , the "Mortgagor(s)" of the Property, and that without said loan we, the Sellers, would not now be closing the sale of the Property and would not now be receiving the sale proceeds (either directly by payment to us, or indirectly by payment to one or more of our lenders).

We know that in deciding whether or not to make the loan to our Purchasers the Mortgagee is relying on the truth of the statements made by us in this Affidavit. We also know that (the "Title Insurance Company") is insuring the title to the Property for the Mortgagee because the Mortgagee requires that the title be insurable and that it be insured before it makes the loan to the Purchasers of our Property, and before it accepts the Property as security for its loan. We know that the Purchasers may also be insuring their title to the Property. We know that in deciding whether or not to insure the title for the Mortgagee, and for the Purchasers, the Title Insurance Company is relying on the truth of the statements made by us in the Affidavit. It is with knowledge of the reliance by the Mortgagee and by the Title Insurance Company, and it is in consideration of and as an inducement to the making of the loan and of the insuring of the title so that we can benefit by the sale of the Property, that we acknowledge and agree that we are and will continue to also be directly liable to the Mortgagee and to the Title Insurance Company for any loss or damage either or both may suffer should any of the statements made by us in this Affidavit be not true.

Penalty of Perjury:

15. We know that we shall be bounded by this Affidavit under the penalties of perjury.

Owner Signature

Print Name:

Owner Signature

Print Name:

SWORN TO and subscribed in my presence this day of , 20_____.

NOTARY PUBLIC

My Commission Expires:

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What the Sellers Affidavit Form Is and When It’s Used

A Sellers Affidavit Form is a sworn statement by a property seller attesting to facts material to a real estate transfer, such as ownership, authority to sell, absence of undisclosed encumbrances, and the accuracy of disclosures. It is typically executed at closing and accompanies title and escrow documents to support insurer and buyer reliance. The affidavit reduces post-closing disputes by creating a certified record of the seller’s representations and can be required by title companies, lenders, or contract provisions when transferring residential or commercial property.

Why a Sellers Affidavit Matters to Closings

The affidavit provides an evidentiary record of the seller’s statements, streamlines title review, and helps mitigate post-closing claims by documenting ownership, lien status, and disclosure accuracy under oath.

Why a Sellers Affidavit Matters to Closings

Who Typically Prepares and Signs This Affidavit

Parties should ensure the signer has authority and that the affidavit is notarized or witnessed per state law before submission.

  • Individual sellers — homeowners providing sworn ownership and disclosure statements to title and escrow.
  • Corporate or trust sellers — authorized officers or trustees confirming authority and corporate records.
  • Title officers and escrow agents — rely on the affidavit for underwriting and closing clearance.

Core Elements Found in a Professional Sellers Affidavit

A well-drafted affidavit groups essential facts into clear sections and provides space for notarization and attachments.

Identification

Full legal name and contact details for each seller, including entity type and tax identification if applicable.

Property Description

Legal description and street address of the property being sold, matching the deed and title commitment.

Ownership Statement

Declaration that the signer is the legal owner or has authority to convey the property, with title reference.

Liens and Encumbrances

Disclosure of outstanding mortgages, judgments, tax liens, or easements that may affect title.

Representations

Statements about accuracy of disclosures, absence of pending litigation, and full disclosure of material facts.

Notary Block

Notarial acknowledgement or jurat, space for witness signatures, and attachments such as corporate resolutions.

Step-by-Step: Completing the Sellers Affidavit

Follow these practical steps to prepare a clean, enforceable affidavit for closing.

  • 01
    Review Title: Match facts to the title commitment.
  • 02
    Complete Fields: Fill names, property, and price.
  • 03
    Attach Evidence: Include corporate resolutions or payoffs.
  • 04
    Notarize: Sign before a notary per state rules.

How the Affidavit Moves Through Closing

The affidavit is created, verified, and retained as part of the closing package; workflow depends on the closing agent and lender.

  • Draft: Seller or attorney completes the form.
  • Verify: Title officer checks facts and attachments.
  • Execute: Seller signs with notary or witnesses.
  • Record/Retain: Document stored with closing files; sometimes recorded if required.

Digital Workflow Settings for Online Completion

Configure fields and routing to ensure a secure, auditable e-submission and notarization where permitted.

Field Configuration
Signature Field Required; signer must approve and date
Notary Block Include jurat or acknowledgement field
Attachment Field Allow PDF uploads for corporate documents
Routing Order Set signer → notary → title officer

Technical Considerations for Electronic Completion

Platforms that integrate with title and escrow systems and provide audit logs reduce friction during underwriting and post-closing review.

  • File Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or stronger
  • Recording: Long-term, tamper-evident storage

Timing Considerations and Typical Deadlines

Certain dates in the affidavit affect tax reporting, possession, and title insurance; align the effective date with the deed and closing statement.

Effective Date Match:

Use the deed conveyance date to avoid discrepancies.

Tax Reporting:

Provide completed affidavits before 1099 reporting if required.

Title Underwriting:

Submit before issuance of title policy commitments.

Recording Deadlines:

Record deed and related items promptly according to county rules.

Retention Start:

Retention period begins on the execution date.

Common Preparation Errors to Avoid

  • Using informal or abbreviated legal descriptions that do not match the deed and cause title exceptions.
  • Entering seller names that differ from recorded ownership, causing underwriting delays and additional documentation requests.
  • Failing to notarize or secure required witness signatures under state law, rendering the affidavit unusable for closing.
  • Omitting attachments like corporate resolutions, payoff statements, or lien releases that title companies require for clearance.

Consequences of Incorrect or Missing Affidavits

Title Exceptions: May delay insurance issuance.
Closing Delays: Escrow cannot close on schedule.
Financial Exposure: Seller may face indemnity obligations.
Tax Issues: Incorrect TIN triggers backup withholding.
Record Invalidity: Unsigned affidavits may be rejected.
Regulatory Risk: Noncompliance with notarization rules.

Comparing eSignature Platforms for Completing Sellers Affidavits

Platform selection affects cost, notarization support, and compliance; the table summarizes common commercial options and plan characteristics without advising a specific vendor.

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
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Key Information Required on the Affidavit

Seller Name: Full legal name
Property Address: Street, city, state, ZIP
Legal Description: Deed-based parcel description
Sale Price: Exact consideration amount
Tax ID: TIN or EIN if applicable
Execution Date: MM/DD/YYYY date

Who Can Legally Sign the Sellers Affidavit

Individual Seller

An individual listed on title signs in their personal capacity. If the recorded ownership differs from the signing name, provide evidence of authority such as power of attorney or recorded deed to avoid title exceptions.

Corporate Officer / Trustee

An authorized officer, manager, or trustee signs on behalf of an entity. Attach corporate resolution or trust certification proving the signer’s authority and include notarization if required by state or title company.

Real-World Usage Examples

These examples illustrate how sellers affidavits are used in practice to close transactions and document seller statements under oath.

Martin Properties (Residential Closing)

Seller signs affidavit to confirm ownership and disclosures

  • Single-family sale, lender required affidavit
  • Tim Martin (Founder) reported that online execution maintained compliance while speeding closing turnaround using a mobile-capable process.

Optica Ventures LLC (Commercial Sale)

Entity seller attaches corporate resolution and affidavit

  • Commercial conveyance required proof of authority
  • Brian Fitzgibbons (COO) noted that a concise affidavit and supporting resolution reduced title underwriting follow-ups and document churn.

Practical Tips for Accurate, Efficient Completion

Adopt these steps to reduce errors, speed closing, and preserve enforceability.

Use Exact Legal Text
Copy the legal description and owner names directly from the deed or title commitment. Small discrepancies trigger exceptions and require corrective deeds or affidavits, increasing cost and delay.
Confirm Signer Authority
When an entity sells, attach a corporate resolution or trust certification. Verify that signer names and titles match the documentary evidence to avoid insurer exceptions.
Notarize per State Rules
Check whether your state requires an acknowledgement, jurat, or witness signatures. For remote notarizations, ensure the RON process satisfies identity proofing and recording retention rules.
Keep an Audit Trail
Preserve signed copies, attachments, and a tamper-evident audit log showing timestamps and signer authentication to support title underwriting and defense against later disputes.

Frequently Asked Questions About Sellers Affidavits

Answers to common questions about form content, notarization, e-signatures, and retention to help avoid last-minute closing problems.


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