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Seller's Disclosure of Property Condition

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Seller’s Disclosure of Property Condition

Property Address:

Completion of this form shall satisfy the requirements of KRS 324.360 that mandates the seller's disclosure of information about the property he or she is about to sell. This disclosure is based solely on the seller's observation and knowledge of the property's condition and the improvements thereon. This disclosure form shall not be a warranty by the seller or seller's real estate agent and shall not be used as a substitute for an inspection or warranty that the purchaser may wish to obtain.

Instructions: Complete all numbered items. Report all known conditions affecting the property. If some items do not apply, mark "not applicable." If you do not know the answer, mark "unknown."

1. HOUSE SYSTEMS

Any past or current problems affecting:

(a) Plumbing

(b) Electrical system

(c) Appliances

(d) Floors and walls

(e) Doors and windows

(f) Ceiling and attic fans

(g) Security system

(h) Sump pump

(i) Chimneys, fireplaces, inserts

(j) Pool, hot tub, sauna

(k) Sprinkler system

(l) Heating, age

(m) Cooling/air conditioning, age

(n) Water heater, age

Explain:

2. FOUNDATION/STRUCTURE/BASEMENT

(a) Any defects or problems, current or past, to the foundation or slab?

(b) Any defects or problems, current or past, to the structure or exterior veneer?

Explain:

(c) Has the basement leaked at any time since you have owned or lived at the property?

(d) When was the last time the basement leaked?

(e) Have you ever had any repairs done to the basement?

(f) If you have had basement leaks repaired, when was the repair performed?

Explain:

(g) If the basement presently leaks, how often does it leak?

(h) Have you experienced, or are you aware of, any water or drainage problems with regard to the crawl space?

3. ROOF

(a) Age of the roof covering

(b) 1. Has the roof leaked at any time since you have owned or lived at the property?

2. When was the last time the roof leaked?

(c) 1. Have you ever had any repairs done to the roof?

2. If you have ever had the roof repaired, when was the repair performed?

(d) 1. Have you ever had the roof replaced?

2. If you have had the roof replaced, when was the replacement performed?

(e) If the roof presently leaks, how often does it leak?

(f) 1. Have you ever had roof repairs that involved placing shingles on the roof instead of replacing the entire roof covering?

2. If yes, when was the repair performed?

Explain:

4. LAND/DRAINAGE

(a) Any soil stability problems?

(b) Has the property ever had a drainage, flooding, or grading problem?

(c) Is the residence located within a Special Flood Hazard Area (SFHA) mandating the purchase of flood insurance for federally backed mortgages?

If yes, what is the flood zone?

(d) Is there a retention/detention basin, pond, lake, creek, spring, or water shed on or adjoining this property?

Explain:

5. BOUNDARIES

(a) 1. Have you ever received a staked or pinned survey of the property?

2. Are the boundaries marked in any way?

3. Do you know the boundaries? If yes, provide description below.

Explain:

(b) Are there any encroachments or unrecorded easements relating to the property of which you are aware?

Explain:

6. WATER

(a) 1. Source of water supply

2. Are you aware of below normal water supply or water pressure?

(b) Is there a water purification system or softener remaining with the house?

(c) Has your water ever been tested? If yes, provide results below

Explain:

7. SEWER SYSTEM

(a) Property is serviced by:

1. Category I. Public Municipal Treatment Facility

2. Category II. Private Treatment Facility

3. Category III. Subdivision Package Plant

4. Category IV. Single Home Aerobic Treatment System (“Home Package Plant”)

5. Category V. Septic Tank with drain field, lagoon, wetland, other onsite dispersal

6. Category VI. Septic Tank with dispersal to an offsite, multi-property cluster treatment system

7. Category VII. No Treatment/Unknown

Name of Servicer (if known):

(b) For properties with Category IV, V, or VI systems:

Date of last inspection (sewer):

Date of last inspection (septic): Date last cleaned (septic):

(c) Are you aware of any problems with the sewer system?

Explain:

8. CONSTRUCTION/REMODELING

(a) Have there been any additions, structural modifications, or other alterations made?

(b) Were all necessary permits and government approvals obtained?

Explain:

9. HOMEOWNER'S ASSOCIATION

(a) 1. Is the property subject to rules or regulations of a homeowner's association?

2. If yes, what is the yearly assessment? $

3. Homeowner’s Association Name:

HOA Primary Contact Name:

HOA Primary Contact Phone No.

(b) Are you aware of any condition that may result in an increase in taxes or assessments?

(c) Are any features of the property shared in common with adjoining landowners such as walls, fences, driveways, etc?

Explain:

10. MISCELLANEOUS

(a) Was this house built before 1978?

(b) Are you aware of any use of urea formaldehyde, asbestos materials, or lead based paint in or on this home?

(c) 1. Are you aware of any testing for radon gas?

2. Results, if tested

(d) Are you aware of any underground storage tanks, old septic tanks, field lines, cisterns or abandoned wells on the property?

(e) Are there any other environmental hazards known to seller?

(f) Are you aware of any present or past wood infestation?

(g) Are you aware of any damage due to wood infestation?

(h) 1. Has the house or other improvements ever been treated for wood infestation?

2. If yes, when, by whom, and any warranties?

(i) Are you aware of any existing or threatened legal action affecting this property?

(j) Are there any assessments other than property assessments that apply to this property?

(k) Are you aware of any violations of local, state, or federal laws, codes, or ordinances relating to this property?

(l) Are you aware of any other conditions that are defective with regard to this property?

(m) Are there any environmental hazards known to seller?

(n) Are there any warranties to be passed on?

(o) Has this house ever been damaged by fire or other disaster?

If yes, please explain:

(p) Are you aware of the existence of mold or other fungi on the property?

(q) Has this house ever had pets living in it?

If yes, Explain

(r) Is the property in a historic district?

Methamphetamine contamination disclosure requirement: A property owner who chooses not to decontaminate a property used in the production of methamphetamine must make written disclosure of methamphetamine contamination.

Space for Additional Information

Seller states that the information contained in this Disclosure of Property Condition Form is complete and accurate to the best of his/her/their knowledge and belief. Seller agrees to immediately notify Buyer of any changes that may become known to Seller prior to closing by providing a written addendum hereto.

Seller Signature

Date

The real estate agent named here has been requested by the owner to complete this form and has done so.

Real Estate Agent Name

Date

Buyer Signature

Date

Enter text

What the Seller's Disclosure of Property Condition Is

The Seller's Disclosure of Property Condition is a standardized written statement completed by a property seller that describes known material facts about the property's physical condition, defects, improvements, and environmental hazards. It typically covers components such as the roof, foundation, electrical systems, plumbing, appliances, pest infestations, water intrusion, and recent repairs. The form helps align buyer expectations, supports disclosure obligations under state law, and becomes part of the transaction record. Accuracy is important because disclosures can affect contract terms, inspections, negotiated repairs, and potential post-closing liability.

Why Accurate Seller Disclosures Matter

A clear Seller's Disclosure reduces dispute risk by providing buyers with material facts, enabling informed inspection choices and fair negotiations. Timely and accurate disclosures support contractual compliance, can shorten closing timelines, and lower the chance of post-closing claims or litigation under state disclosure statutes.

Why Accurate Seller Disclosures Matter

Who Typically Completes and Uses This Disclosure

Typical users include sellers, listing agents, buyer agents, and attorneys preparing or reviewing property disclosures before listing or offer acceptance.

  • Sellers: Homeowners disclosing known defects, repairs, and system histories prior to buyer inspections.
  • Listing agents: Collect and verify seller statements, attach disclosures to MLS and transaction files.
  • Buyer agents: Review disclosures to identify inspection priorities and advise on contingency negotiations.

Core Sections Found in a Professional Seller's Disclosure

A professional Seller's Disclosure organizes property facts into clear sections, uses precise language, and provides dated signatures to create an auditable transaction record for buyers and agents.

Property Basics

List address, parcel identification, year built, current occupancy, utility hookups, and whether the property is subject to homeowners association rules or special assessments and provide contact info for the HOA if applicable.

Systems & Components

Describe roof age/condition, foundation, electrical service, plumbing, HVAC, water heater, and appliances; note recent repairs, warranties, and include dates and contractor names where known.

Environmental Issues

Disclose known hazards such as lead paint, asbestos, radon, mold, underground storage tanks, floodplain status, or history of soil contamination, including remediation actions and documentation.

Repairs & Improvements

List all material repairs and improvements completed by the seller, with dates, permits obtained, and whether warranties transfer; note unresolved repair requests or contractor disputes.

Legal & Title

State known liens, easements, boundary disputes, pending litigation, code violations, or zoning issues that materially affect use or marketability of the property and attach supporting documents such as lien releases or notices.

Attachments & Signatures

Include inspection reports, repair invoices, permits, and any seller-provided warranties; require dated seller signature, printed name, contact information, and note whether agent assisted in completing the form.

Security, Compliance, and Record Elements to Preserve

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II, ISO 27001, PCI-DSS
HIPAA: BAA available for covered entities
Authentication: Email, SMS codes, SSO options
Audit Trail: Timestamps, IP, action history retained
Accessibility: WCAG 2.0 AA compliance supported

Principal Risks When Disclosures Are Incorrect or Omitted

Rescission Risk: Buyer may cancel contract
Monetary Damages: Compensatory and consequential claims
Attorney Fees: Potential litigation cost exposure
Statutory Penalties: State law fines possible
Title Issues: Undisclosed liens affect closing
Insurance Claims: Claims may be denied

Common Preparation Mistakes to Avoid

  • Incomplete or vague responses that omit material defects lead to buyer disputes, inspection surprises, and possible rescission or claims after closing.
  • Unsigned or undated disclosures create evidentiary gaps and may render the statement unenforceable in contested post-closing actions.
  • Failing to attach supporting documents such as permits, invoices, or inspection reports reduces transparency and increases verification time during escrow.
  • Relying solely on memory rather than records risks inaccuracies; verify dates, contractor names, and permit numbers before submitting the disclosure.

Step-by-Step: How to Complete and Deliver the Disclosure

Follow this sequence to complete and deliver the Seller's Disclosure accurately and on time during listing or prior to offer acceptance.

  • 01
    Gather Records: Collect permits, receipts, and repair documentation.
  • 02
    Complete Form: Answer each question fully; avoid 'unknown' when records exist.
  • 03
    Attach Evidence: Include inspection reports, invoices, warranties, and permits.
  • 04
    Sign & Deliver: Seller signs, dates, and provides copy to buyer and broker.

How Digital Workflows Handle the Disclosure

Digital workflows streamline disclosure completion, signature capture, and document delivery while preserving an auditable trail for escrow and closing.

  • Upload: Start by uploading the disclosure PDF to the signing platform.
  • Place Fields: Add signature, initial, and date fields in appropriate locations.
  • Invite Signers: Send signing links or email invitations to buyer and seller.
  • Complete Audit: Platform captures timestamps, IPs, and a certificate of completion.

Configuring an Online Disclosure Workflow

Configure an online disclosure workflow to control field behavior, signer order, authentication, and document retention before sending for signature.

Field Configuration
Signature Field Required; enforce signer order and date capture
Authentication Email link, SMS code, or KBA
Conditional Fields Show repair details only if 'Yes' selected
Retention Settings Set document retention and export to secure storage

Platform Capabilities to Support Disclosures

Ensure your eSignature platform supports PDF/DOCX uploads, audit trails, and compliant signature capture for the Seller's Disclosure process.

  • File Formats: PDF, DOCX, or rich text
  • Integrations: MLS, CRM, cloud storage connectors
  • Authentication: Email, SMS, SSO options available

Typical Timing and Transaction Deadlines

Timely delivery of the Seller's Disclosure aligns with contingency deadlines and inspection windows; specific timing varies by state and transaction type.

Before Listing:

Provide known defects before property listing.

Prior to Offer:

Many brokers request disclosure before offer submission.

Inspection Contingency:

Buyers typically inspect within 10–17 days.

Notary / RON:

If notarization required, schedule per state rules.

Final Delivery:

Attach signed disclosure to escrow/closing documents.

eSignature Plan Comparison for Handling Disclosures

Compare common eSignature plan attributes relevant to completing and distributing Seller's Disclosure forms.

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 plan Varies by plan Varies by plan Varies by plan
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

Frequently Asked Questions About Seller's Disclosures

Answers to frequent questions about completing, signing, and correcting the Seller's Disclosure of Property Condition in U.S. transactions.


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