Property Disclosure Statement Template, Free Download 2026
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When Do You Need a Property Disclosure Statement?
You are selling a residential property and your state requires a residential property disclosure template (also called a seller disclosure form) that identifies known material facts about the property's condition, defects, and environmental hazards before the buyer completes the purchase.
The property was built before 1978 and federal law under the Residential Lead-Based Paint Hazard Reduction Act requires you to provide a lead-based paint disclosure to the buyer, including any known lead hazards, inspection reports, and the EPA pamphlet on lead paint dangers.
Your real estate agent or buyer's attorney has requested a completed disclosure form as a condition of proceeding with the transaction, and you need to document the condition of all major systems (HVAC, plumbing, electrical, roof, foundation) and disclose any known defects.
You are aware of latent defects (hidden problems not visible during a normal inspection) such as a history of water intrusion, foundation issues, mold, termite damage, or boundary disputes that must be disclosed to avoid fraud or misrepresentation claims after the sale.
The buyer has submitted questions about the property's history, including prior insurance claims, flooding events, deaths on the property, or neighbor disputes, and you need a detailed disclosure document that addresses these inquiries systematically.
You are conducting an as-is sale and need to understand that even in as-is transactions, most states still require disclosure of known material defects, and the caveat emptor doctrine has been largely replaced by statutory disclosure obligations.
What Should a Property Disclosure Statement Include?
Property Identification and Seller Information
Include the property address, legal description, and the seller's name and contact information. State the date the seller acquired the property and whether the seller has occupied the property as their primary residence, as some disclosure requirements differ for owner-occupied versus investment properties.
Structural and Foundation Disclosures
Disclose any known issues with the foundation, walls, roof, attic, basement, or structural components. Include information about settling, cracking, water penetration, termite or pest damage, and any repairs that have been made. Distinguish between latent defects (hidden) and patent defects (visible).
Systems and Mechanical Disclosures
Document the condition and age of all major systems: HVAC (heating, ventilation, air conditioning), plumbing (supply and waste), electrical (panel, wiring type), water heater, and any built-in appliances. Disclose any known malfunctions, past repairs, and remaining warranty coverage.
Environmental Hazard Disclosures
Disclose any known environmental hazards including lead-based paint (required for pre-1978 homes under the Residential Lead-Based Paint Hazard Reduction Act), asbestos, radon, mold, underground storage tanks, contaminated soil, and proximity to hazardous waste sites. The EPA Renovation Repair and Painting Rule governs lead paint disturbance in older homes.
Water and Drainage Disclosures
Disclose the water source (municipal, well, spring), sewage system (public sewer, septic tank), any history of flooding, drainage problems, water damage, or moisture intrusion. Include information about flood zone designation and whether flood insurance is required or has been previously maintained.
Legal and Title Disclosures
Disclose any known boundary disputes, easements, encroachments, deed restrictions, HOA obligations, pending litigation, zoning violations, building code violations, or unpermitted improvements. These material facts affect the buyer's use and enjoyment of the property and can create significant liability if not disclosed.
Seller Certification and Signatures
Include a certification statement where the seller attests that the disclosures are accurate and complete to the best of their knowledge. Include signature lines for the seller, the buyer (acknowledging receipt), and the date. The buyer typically has a review period to evaluate the disclosures before waiving contingencies. The completed disclosure becomes part of the transaction file alongside the deed template and closing documents.
Legal Details: Key Clauses in a Property Disclosure Statement
Property Information
This Property Disclosure Statement (the "Disclosure") is made by [____________] ("Seller") in connection with the sale of the real property located at [____________] (the "Property"), including all improvements, fixtures, and appurtenances thereto, as more particularly described in the purchase agreement dated [____________] (the "Purchase Agreement"). This Disclosure is provided in accordance with [applicable state statute citation] requiring seller disclosure of known material defects and conditions affecting the Property.
Seller has owned the Property since [____________] and has [occupied / not occupied] the Property during the period of ownership. Seller's responses in this Disclosure are based upon Seller's actual knowledge as of the date of this Disclosure and are not intended to be a warranty or guarantee of any kind. Seller has not conducted any inspections of the Property for the purpose of completing this Disclosure except as specifically noted herein. Buyer is encouraged to obtain independent professional inspections of all aspects of the Property.
Structural Condition
Foundation: Type: [____________]; Known defects, settling, cracks, or water intrusion: [Yes/No]; If yes, describe: [____________]; Repairs made: [Yes/No]; If yes, describe and provide documentation: [____________]. Exterior Walls: Type: [____________]; Known defects, rot, or damage: [Yes/No]; If yes, describe: [____________]. Roof: Type: [____________]; Age: [____________] years; Known leaks, damage, or defects: [Yes/No]; If yes, describe: [____________]; Last replaced/repaired: [____________]; Warranty: [Yes/No]; Transferable: [Yes/No].
Interior Walls and Ceilings: Known defects, cracks, water stains, or damage: [Yes/No]; If yes, describe: [____________]. Floors: Known defects, water damage, or unevenness: [Yes/No]; If yes, describe: [____________]. Windows and Doors: Known defects or seal failures: [Yes/No]; If yes, describe: [____________]. Attic: Accessible: [Yes/No]; Insulation type and depth: [____________]; Known defects: [Yes/No]. Basement/Crawl Space: Type: [____________]; Known water intrusion, moisture, or structural issues: [Yes/No]; If yes, describe: [____________]; Waterproofing system installed: [Yes/No].
Systems and Mechanical
HVAC System: Type: [____________]; Age: [____________] years; Last serviced: [____________]; Known defects or issues: [Yes/No]; If yes, describe: [____________]. Electrical System: Panel amperage: [____________]; Known defects, aluminum wiring, knob-and-tube wiring, or code violations: [Yes/No]; If yes, describe: [____________]. Plumbing: Pipe material: [____________]; Known defects, leaks, or polybutylene piping: [Yes/No]; If yes, describe: [____________]. Water Heater: Type: [____________]; Age: [____________] years; Capacity: [____________] gallons; Known defects: [Yes/No].
Appliances included in sale (list make, model, and condition): [____________]. Security system: [Yes/No]; Owned or leased: [____________]; Transferable: [Yes/No]. Fire/smoke detection: Type: [____________]; Number of detectors: [____________]; Hard-wired: [Yes/No]. Sprinkler system: [Yes/No]; Zones: [____________]; Known issues: [Yes/No]. Pool/spa: [Yes/No]; Type: [____________]; Equipment age: [____________]; Known defects: [Yes/No]; Fence/barrier compliant: [Yes/No]. Seller represents that all systems and appliances disclosed herein are in working order as of the date of this Disclosure, except as otherwise noted.
Environmental Conditions
Seller discloses the following environmental conditions affecting the Property: Asbestos-containing materials: Known or suspected presence: [Yes/No]; If yes, location and condition: [____________]. Lead-based paint: Property built before 1978: [Yes/No]; Known lead-based paint or hazards: [Yes/No]; Lead paint inspection report available: [Yes/No]. Radon: Radon testing conducted: [Yes/No]; Results: [____________] pCi/L; Mitigation system installed: [Yes/No]. Mold: Known or suspected presence: [Yes/No]; If yes, describe location and remediation: [____________].
Underground storage tanks: Known presence: [Yes/No]; If yes, describe contents and condition: [____________]. Soil contamination: Known or suspected: [Yes/No]; If yes, describe: [____________]. Flood zone designation: Property located in FEMA-designated flood zone: [Yes/No]; Zone designation: [____________]; Flood insurance required: [Yes/No]; History of flooding: [Yes/No]; If yes, describe: [____________]. Hazardous materials: Known use, storage, or disposal of hazardous materials on the Property: [Yes/No]; If yes, describe: [____________]. Seller shall provide the federally required lead-based paint disclosure pamphlet if the Property was built before 1978, pursuant to 42 U.S.C. § 4852d.
Water and Sewer
Water source: [Public / Private well / Other: ____________]. If well: Depth: [____________]; Last tested: [____________]; Results satisfactory: [Yes/No]; Known issues with water quality or quantity: [Yes/No]; If yes, describe: [____________]. Water treatment system: [Yes/No]; Type: [____________]. Sewer: [Public / Private septic / Other: ____________]. If septic: Type: [____________]; Tank size: [____________] gallons; Last pumped: [____________]; Last inspected: [____________]; Known defects or failures: [Yes/No]; If yes, describe: [____________]; Drain field location: [____________].
Sump pump: [Yes/No]; Functional: [Yes/No]; Battery backup: [Yes/No]. Known issues with water pressure, drainage, or sewer backups: [Yes/No]; If yes, describe: [____________]. Water softener: [Yes/No]; Owned or leased: [____________]. Irrigation system: [Yes/No]; Known defects: [Yes/No]. Seller represents that the water and sewer systems serving the Property are in functional condition as of the date of this Disclosure, except as otherwise noted. Buyer is advised to obtain independent testing and inspection of all water and sewer systems prior to closing.
Legal and Zoning
Zoning classification: [____________]. Known zoning violations or non-conforming uses: [Yes/No]; If yes, describe: [____________]. Homeowners association (HOA): [Yes/No]; Name: [____________]; Monthly/annual dues: [$__________]; Special assessments: [Yes/No]; Amount: [$__________]. CC&Rs, deed restrictions, or covenants: [Yes/No]; Copy attached: [Yes/No]. Easements or encroachments: Known: [Yes/No]; If yes, describe: [____________]. Boundary disputes: Known: [Yes/No]; If yes, describe: [____________].
Pending or threatened litigation affecting the Property: [Yes/No]; If yes, describe: [____________]. Outstanding liens, assessments, or code violations: [Yes/No]; If yes, describe: [____________]. Permits obtained for all improvements and additions: [Yes/No]; If no, describe unpermitted work: [____________]. Historic district or landmark designation: [Yes/No]. Planned or proposed changes to adjacent property or zoning: Known: [Yes/No]; If yes, describe: [____________]. Seller represents that Seller has disclosed all known legal and zoning matters affecting the Property and that the Property is not subject to any order requiring repairs, alterations, or corrections that has not been complied with.
Known Defects and Other Disclosures
Seller discloses the following additional known material defects, conditions, or facts that may affect the value or desirability of the Property: [____________]. Seller also discloses the following: Deaths on the Property within the past [number] years (to the extent required by applicable state law): [Yes/No]. Known pest infestations (termites, rodents, bedbugs, etc.): [Yes/No]; If yes, describe and provide treatment records: [____________]. Noise or odor issues from neighboring properties or sources: [Yes/No]; If yes, describe: [____________]. Insurance claims filed on the Property within the past [number] years: [Yes/No]; If yes, describe: [____________].
Seller has made the following repairs or improvements to the Property during Seller's ownership: [____________]. All such repairs and improvements were performed by [licensed contractors / Seller]. Permits were obtained for the following work: [____________]. Seller is aware of the following manufacturer recalls or safety notices affecting systems, appliances, or materials installed in the Property: [____________]. Seller has disclosed all facts known to Seller that materially affect the value or desirability of the Property, whether or not specifically asked about in this Disclosure.
Seller Certification
Seller certifies that the information set forth in this Disclosure is true, correct, and complete to the best of Seller's actual knowledge as of the date signed below. Seller agrees to promptly notify Buyer in writing of any material changes to the information provided herein that occur prior to closing. This Disclosure is not a substitute for any inspections or warranties that Buyer may wish to obtain. Seller makes no representations or warranties beyond those expressly stated in this Disclosure and the Purchase Agreement.
Seller acknowledges that failure to disclose known material defects may subject Seller to liability for damages suffered by Buyer, including but not limited to the cost of repairs, diminution in value, and consequential damages, as well as potential claims for fraud or misrepresentation under applicable state law. Seller's duty to disclose is limited to facts actually known to Seller and does not require Seller to conduct inspections or investigations to discover defects. Seller has had the opportunity to consult with legal counsel prior to completing this Disclosure.
Buyer Acknowledgment
Buyer acknowledges receipt of this Disclosure and understands that it is based upon Seller's actual knowledge and is not a warranty or guarantee of any kind. Buyer acknowledges that Buyer has been advised to obtain independent professional inspections of all aspects of the Property, including structural, mechanical, environmental, pest, and other inspections, at Buyer's sole cost and expense. Buyer's acceptance of the Property shall be based upon Buyer's own investigation and not upon any representation made in this Disclosure or otherwise, except as expressly set forth in the Purchase Agreement.
Buyer may rescind the Purchase Agreement within [number] days of receipt of this Disclosure if Buyer finds the disclosures unacceptable, as provided in the Purchase Agreement and applicable state law. Buyer's failure to rescind within such period shall constitute acceptance of this Disclosure. This Disclosure shall survive closing and delivery of the deed only to the extent required by applicable state law. Both parties acknowledge that this Disclosure is governed by the laws of the State of [____________], including [applicable state statute citation governing property disclosures].
Signature Requirements
E-Signature
Property disclosure statements are valid with electronic signatures under the ESIGN Act and UETA. The seller must sign certifying the accuracy of all disclosures to the best of their knowledge. The buyer signs to acknowledge receipt of the disclosure. No notarization or witnesses are required for property disclosure statements.
Related Real Estate Templates
A property disclosure statement is often used alongside other real estate documents. Depending on your situation, you may also need:
How to Fill Out a Property Disclosure Statement
Complete the Property Information
Enter the property address, your name as seller, the date you acquired the property, and whether you have occupied the property. If you have never occupied the property (investment or inherited property), note this fact as it limits your firsthand knowledge of the property's condition history.
Disclose Structural Conditions
Answer each question about the property's structural components honestly. If you are aware of foundation cracks, roof leaks, water intrusion, settling, or past termite treatment, disclose it with dates and details of any repairs. Attach inspection reports or contractor invoices if available.
Document System Conditions
Record the age and condition of the HVAC system, water heater, electrical panel, and plumbing. Disclose any known issues, recent repairs, or components nearing the end of their expected lifespan. If you have had recent inspections, reference the reports and make them available to the buyer.
Complete Environmental Disclosures
If the property was built before 1978, complete the lead-based paint disclosure as required by federal law. Disclose any known asbestos, radon test results, mold remediation, or other environmental conditions. Provide the EPA pamphlet "Protect Your Family from Lead in Your Home" to the buyer.
Disclose Legal and Title Issues
Answer questions about boundary disputes, easements, HOA rules, pending litigation, zoning issues, and unpermitted improvements. Disclose any material facts that could affect the buyer's decision to purchase. When in doubt, disclose; non-disclosure creates far greater legal risk than over-disclosure.
Sign and Deliver to Buyer
Review all answers for completeness and accuracy, then sign and date the disclosure statement. Deliver the completed seller disclosure form to the buyer or buyer's agent. The buyer should sign an acknowledgment of receipt. Retain your signed copy in case any post-sale claims arise.
Free Template vs Custom Property Disclosure Statement
| Feature | Free Template | Custom (AI or Attorney) |
|---|---|---|
| Free property disclosure form with basic structure | ||
| Lead-based paint disclosure section | ||
| Residential property disclosure template format | ||
| State-specific disclosure requirementsAll 50 states supported | - | |
| Environmental hazard compliance sections | - | |
| Attorney review and customization | - | |
| Printable property disclosure statement form download (PDF/Word) |
Key Facts About Property Disclosure Statement Documents
Residential Lead-Based Paint Hazard Reduction Act requires disclosure for homes built before 1978.
Almost every state requires sellers to disclose known material defects.
Caveat emptor still applies in limited circumstances for as-is sales in some states.
Seller who fails to disclose known latent defects may be liable for fraud or misrepresentation.
EPA Renovation Repair and Painting Rule governs lead paint disturbance in pre-1978 homes.
Key Legal Terms in a Property Disclosure Statement
When a Free Template Is Not Enough
Free templates cover standard situations, but a professionally drafted property disclosure statement accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted property disclosure statement with a custom quote based on your situation.
Property Disclosure Statement Template FAQ
What is a property disclosure statement?
Is a seller required to disclose defects?
What happens if a seller fails to disclose?
What is the difference between latent and patent defects?
Who is liable if defects are found after a home inspection?
What states require seller disclosure?
What does a property disclosure form include?
Can a buyer sue for non-disclosure?
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