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name: seller-disclosure language: en description: >- Drafts residential Seller Disclosure Statements for U.S. real estate transactions covering structural systems, environmental hazards, title encumbrances, and neighborhood conditions. Enforces state-specific statutory compliance and federal lead-based paint requirements. Trigger keywords: "seller disclosure", "property condition statement", "residential transfer disclosure", "seller disclosure statement". tags:

• agreement
• drafting
• transactional

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Seller Disclosure Statement

Draft a legally compliant residential Seller Disclosure Statement that satisfies state and federal requirements while protecting sellers from post-closing liability.

Prerequisites

1. Property identification — legal description, APN, full address, county
2. Seller information — full legal names of all title holders
3. State jurisdiction — determines statutory requirements, format, and delivery timeframes
4. Available documents — inspection reports, repair invoices, HOA docs, surveys, environmental reports, prior disclosures
5. Property age — if pre-1978, federal lead-based paint disclosure is mandatory (42 U.S.C. § 4852d)

Output Structure

1) Document Header

• All sellers' full legal names (as on title)
• Complete property identification (address, APN, legal description)
• Governing state disclosure statute citation
• Seller knowledge-and-belief attestation
• Buyer notice: disclosure is not a warranty; independent inspections recommended

2) Document Extraction

Search uploaded documents for required data:

Data Point	Sources
Seller names	Deed, title report
Property ID (APN, legal)	Tax records, title report
Known defects & repairs	Inspection reports, invoices, correspondence
Environmental conditions	Environmental reports, FEMA maps, radon tests
HOA details	CC&Rs, HOA statements, assessment notices
Permits & code compliance	Building permits, certificates of occupancy
Easements & encumbrances	Title report, survey

3) Structural & Systems Disclosures

For each system, disclose: condition, age, known defects, repair history (contractor + date + warranty), materials of concern.

System	Key Disclosure Points
Foundation	Cracks, settlement, water intrusion, past repairs + warranties
Roof	Age, composition, leak history, warranty status
Plumbing	Pipe materials (flag polybutylene/galvanized), leaks, sewer vs. septic
Electrical	Panel amperage, aluminum wiring, GFCI presence, code violations
HVAC	Equipment age, fuel type, maintenance history, deficiencies
Water heater	Age, capacity, fuel type, condition

Cite specific inspection reports or invoices by name and date.

4) Environmental & Federal Disclosures

Lead-based paint (pre-1978 — mandatory):

• Disclose known/unknown presence of lead-based paint or hazards
• Note buyer receives EPA pamphlet "Protect Your Family from Lead in Your Home"
• Include 10-day inspection right (unless negotiated otherwise)

Additional environmental items:

Hazard	Disclosure Requirements
Asbestos	Location, testing/abatement history
Radon	Test results or "no testing conducted" statement
Flooding	Event history (date, source, damage, claims, remediation); FEMA SFHA status
Underground tanks	Status (in use/abandoned/removed); soil contamination; remediation
Mold/moisture	Locations, water damage history, remediation
Hazardous waste	Federal/state database listings, former industrial use
Natural hazards	Fault zones, seismic areas, wildfire zones (per state requirements)

5) Legal Encumbrances & Title

• Easements — purpose, location, practical impact
• Boundary disputes — nature, parties, resolution status
• HOA — name, contact, assessments, special assessments, pending litigation, violations
• Zoning — classification, non-conforming uses/structures
• Permits — pulled permits, final inspection status; flag unpermitted work explicitly
• Code violations — notices, compliance orders, current status
• Use restrictions — rental, age, occupancy limitations from CC&Rs or local ordinances

6) Neighborhood & Area Conditions

Disclose material facts affecting value or desirability:

• Noise sources (airports, highways, railroads, commercial/industrial)
• Proximity to waste facilities, agricultural operations
• Planned public improvements and upcoming special assessments
• Deaths on property — check state statute (requirements vary by jurisdiction)
• Any other fact a reasonable buyer would consider material

7) Certification & Execution

Seller certification:

• Truth and correctness attestation (under penalty of perjury)
• Duty to amend if new material facts arise before closing
• Disclosure is not a warranty and does not substitute for buyer inspections

Signature block:

• Signature line for every owner (printed name + date)
• Separate buyer acknowledgment section (receipt + right to inspect)

Delivery: State the statutory deadline (typically 3–10 days around contract execution). Note buyer rescission rights for late delivery.

Final Review Checklist

• Every section completed — no blanks (use "N/A" with seller initials for inapplicable items)
• Referenced documents attached as numbered exhibits with table of contents
• Page numbers + footer (property address + disclosure date) on every page
• State-specific mandatory disclosures verified against statutory checklist
• Language is factual and objective — not promotional or minimizing
• Lead-based paint disclosure included if pre-1978
• Federal, state, and local requirements all addressed

Guidelines

• Identify the governing statute first — disclosure requirements, format, delivery timing, and rescission rights differ materially across states
• "Unknown" is valid — clearly distinguish "not present," "unknown," and "not inspected"; never fabricate conditions
• Over-disclose — undisclosed material defects create post-closing liability; disclosed items rarely do
• Never advise concealment — disclosure obligations are non-negotiable; ethics rules and statutes prohibit material omission
• Ongoing duty — remind sellers that amendments are required if conditions change before closing
• Verify all statutory citations against current state law [VERIFY]