Seller Disclosure Statement (Residential)

Produces a state-compliant seller disclosure for a residential property sale.

Quick Start

Gather before drafting:

1. Jurisdiction — state, county, governing disclosure statute, required form
2. Property — address, APN/parcel ID, legal description, year built
3. Sellers — all record owners per title
4. Records — inspections, repair invoices, permits, warranties, HOA docs, surveys
5. Known issues — defects, prior damage, environmental conditions, disputes, encumbrances
6. Timing — contract date, statutory delivery window, closing date

Document Structure

Header

• Title: Seller Disclosure Statement
• Seller(s) full legal names
• Property: address, county, APN, legal description, year built
• Governing statute/form: [STATE STATUTE / REQUIRED FORM NAME]
• Knowledge qualifier: "to the best of Seller's knowledge and belief"
• Notice: disclosure is not a substitute for buyer inspections

Core Disclosure Sections

Complete all; use N/A where not applicable.

| Section | Key Fields | |---|---| | Property Overview | Occupancy, year built, additions/remodels, boundary/survey issues | | Structural | Foundation type, cracks/settlement/water intrusion, repairs (dates/contractor/warranty) | | Roof/Exterior | Age/material, leaks/repairs, siding/doors/windows condition | | Plumbing/Septic/Sewer | Pipe materials, leaks, sewer vs septic, last pump/inspection date | | Electrical | Panel amperage, aluminum wiring, code issues, GFCI/AFCI, repairs | | HVAC/Appliances | Type, age, fuel, maintenance history, defects | | Water Heater | Age, capacity, fuel, condition | | Interior | Water damage, mold, pests, floor/wall issues | | Environmental | Lead paint (pre-1978), asbestos, radon, USTs, soil contamination, flood history | | Natural Hazards | Earthquake, wildfire, landslide, flood zone per state report | | Legal/Title | Easements, encroachments, boundary disputes, liens, judgments | | HOA/CC&Rs | Name, dues, special assessments, violations, pending litigation | | Zoning/Permits | Zoning, nonconforming use, permits finaled, unpermitted work | | Governmental | Violation notices, code enforcement, condemnation, compliance orders | | Neighborhood | Nuisances, nearby industrial/ag uses, planned public projects | | Deaths | Disclose only as state law requires | | Other Material Facts | Anything a reasonable buyer would consider material |

Lead-Based Paint Disclosure (pre-1978 only)

• Seller knowledge: Known present / Known absent / Unknown
• List any lead reports provided
• Buyer 10-day inspection right (or negotiated period)
• EPA pamphlet delivery acknowledgment

Exhibits

Index every attachment by title and date. Include inspections, repair invoices, warranties, HOA docs, surveys, environmental reports.

Certification & Acknowledgment

• Seller certification (under penalty of perjury if state requires)
• Ongoing duty to update through closing
• No-warranty disclaimer
• Signature lines for all sellers with dates
• Buyer receipt acknowledgment with dates

Delivery Timing

• Statutory delivery window: [INSERT STATUTORY WINDOW]
• Buyer rescission/renegotiation rights: [STATE-SPECIFIC]

Pitfalls & Checks

• Use factual, objective language only — no marketing.
• Cite sources by document name and date.
• Never leave blanks; use N/A and initial where required.
• Disclose unpermitted work explicitly with known risks.
• Deaths, crime, sex-offender disclosures vary by state — confirm statutory limits before including.
• Flood zone and natural hazard disclosures must match state-mandated reports.
• Mark uncertain citations [VERIFY] and request confirmation.
• All owners must sign; missing signatures can invalidate delivery.