Property Disclosure Statement
Property Disclosure Statement Generator
AI-powered · Attorney review option · All 50 states
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.
Sample Property Disclosure Statement Generated by Legal Tank
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.
View all 9 sections
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].
What Is a Property Disclosure Statement?
A property disclosure statement (also called a seller disclosure or residential property disclosure form) is a legally required document in which a seller of real property discloses known material defects, conditions, and other relevant information about the property to prospective buyers. The disclosure requirement reflects a fundamental shift away from the traditional common law doctrine of caveat emptor ("buyer beware") toward a regime that requires sellers to affirmatively disclose known problems that could affect the property's value, desirability, or habitability. Almost every state now requires some form of seller disclosure for residential property transactions.
The scope of required disclosures varies by state but generally covers the property's structural condition, major systems (roof, plumbing, electrical, HVAC), known environmental hazards, pest infestations, water damage or flooding history, boundary disputes, zoning violations, HOA issues, and any other material facts that could influence a buyer's decision. Federal law imposes an additional disclosure requirement through the Residential Lead-Based Paint Hazard Reduction Act, which requires sellers of properties built before 1978 to disclose known lead-based paint hazards and provide buyers with an EPA pamphlet about lead paint dangers. The EPA Renovation, Repair and Painting (RRP) Rule imposes additional requirements on contractors working in pre-1978 homes.
The distinction between latent defects and patent defects is central to disclosure obligations. A latent defect is a hidden problem that is not discoverable through a reasonable inspection, such as a cracked foundation concealed behind finished walls or contaminated soil beneath landscaping. A patent defect is visible and obvious, such as a broken window or stained ceiling. Sellers are generally required to disclose known latent defects because buyers cannot discover them on their own. Patent defects, being visible, are considered discoverable by the buyer through their own inspection.
A seller who fails to disclose known material defects faces significant legal liability. Buyers who discover undisclosed defects after closing can pursue claims for fraud, misrepresentation, breach of contract, or violation of the state disclosure statute. Remedies may include rescission of the sale (undoing the transaction), monetary damages for repair costs, diminution in property value, and in some cases punitive damages for intentional concealment. Even in states that still recognize limited as-is sales, sellers generally cannot avoid liability for affirmatively concealing known defects. The property disclosure should be completed honestly and thoroughly, coordinated with the warranty deed transfer and title closing process.
| Disclosure Category | What Must Be Disclosed | Consequence of Non-Disclosure |
|---|---|---|
| Structural Issues | Foundation cracks, roof leaks, water damage | Rescission or repair cost damages |
| Environmental Hazards | Lead paint, asbestos, radon, mold | Federal penalties (lead paint), state claims |
| Legal Issues | Boundary disputes, easements, zoning violations | Fraud or misrepresentation claims |
| System Defects | Plumbing, electrical, HVAC problems | Damages for repair costs |
| Pest Issues | Termite, rodent, or pest infestations | Diminution in value claims |
Why You Need a Property Disclosure Statement
You are selling your home and state law requires you to provide a property disclosure statement to prospective buyers before or at the time of the purchase agreement. Start with our free property disclosure template to see the standard format for your state.
Your real estate agent has advised you to complete a thorough disclosure to protect yourself against post-sale claims from buyers who discover defects after closing. Get a quote for your property disclosure statement to ensure complete coverage of all state-required disclosure categories.
You are selling a pre-1978 property and must comply with the federal lead-based paint disclosure requirements in addition to state disclosure obligations.
A buyer has requested specific information about the property's condition, and you need a structured form to ensure you address all required topics thoroughly.
You want to establish a clear record of what you disclosed and when, protecting yourself against future claims that you concealed known defects. The disclosure complements the warranty deed by documenting the seller's knowledge.
Related Real Estate Documents
Property Disclosure Statement is often used alongside other real estate documents. Depending on your situation, you may also need:
Key Sections in a Property Disclosure Statement
Property Identification
Identifies the property by address, legal description, and any additional identifiers. States the seller's name and the date the disclosure is completed.
Structural Components
Covers the condition of the foundation, walls, roof, attic, basement, floors, ceilings, doors, and windows. The seller discloses any known defects, repairs, or issues affecting structural integrity.
Major Systems
Addresses the condition of plumbing, electrical, HVAC, water heater, septic system, and any other major mechanical systems. Includes the age and maintenance history of key components.
Water and Environmental Issues
Discloses any history of flooding, water damage, mold, radon, asbestos, lead paint, underground storage tanks, soil contamination, or other environmental hazards.
Legal and Zoning Issues
Covers boundary disputes, easements, encroachments, zoning violations, building code violations, pending litigation, and any conditions that could affect the property's legal status.
HOA and Community Information
Discloses homeowners association membership, dues, rules, pending assessments, and any known disputes or litigation involving the association.
Lead-Based Paint Disclosure
For properties built before 1978, includes the federal lead-based paint disclosure form, any known lead paint hazards, and confirmation that the buyer received the EPA pamphlet "Protect Your Family from Lead in Your Home."
Property Disclosure Statement Legal Requirements
Almost every state requires sellers to complete a property disclosure statement for residential sales, with the specific form, content requirements, and timing varying by jurisdiction.
The Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. Section 4852d) requires sellers of pre-1978 properties to disclose known lead paint hazards, provide the EPA pamphlet, and give buyers a 10-day opportunity to conduct a lead inspection.
Sellers must disclose all known material defects - information that a reasonable buyer would consider important in making their purchase decision - even if the buyer does not ask specific questions.
The duty to disclose continues throughout the transaction, and sellers must supplement their disclosure if new material information becomes available before closing.
Sellers who fail to disclose known defects face liability for fraud, negligent misrepresentation, breach of contract, and statutory penalties that may include rescission of the sale and monetary damages. State disclosure requirements are typically enforced through the state's real estate regulatory agencies and the courts.
Common Property Disclosure Statement Mistakes to Avoid
Deliberately concealing known defects by answering "unknown" to questions the seller actually has knowledge about, which constitutes fraud and exposes the seller to significant legal liability. For real property sales using a quitclaim deed, disclosure obligations may still apply.
Failing to update the disclosure if new defects are discovered between the initial disclosure and closing, as the duty to disclose continues throughout the transaction.
Not providing the federally required lead-based paint disclosure for properties built before 1978, which gives the buyer the right to void the sale and subjects the seller to federal penalties of up to $19,507 per violation under 42 U.S.C. § 4852d.
Relying on an "as-is" clause in the purchase agreement to avoid disclosure obligations, which does not eliminate the duty to disclose known material defects in most states.
Completing the disclosure form hastily without carefully reviewing each question, leading to inadvertent omissions that can be treated as negligent misrepresentation.
Frequently Asked Questions About Property Disclosure Statements
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?
Are sellers liable for unknown defects?
What states require seller disclosure?
What does a property disclosure form include?
Can a buyer sue for non-disclosure?
More Legal Document Generators
Get a Professionally Drafted Property Disclosure Statement
On a budget? Download the free template or use the AI generator above for a quick, affordable option.
Want a professionally drafted document instead?