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seller-disclosure-statement

seller-disclosure-statement

Drafts a U.S. residential Seller Disclosure Statement covering property condition, system ages, defects, environmental hazards, title/HOA matters, and buyer acknowledgment. Triggered by requests for seller disclosures, property condition disclosure, TDS, SPDS, lead-based paint disclosure, or pre-close compliance in residential sales.

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name: seller-disclosure-statement language: en description: Drafts a U.S. residential Seller Disclosure Statement covering property condition, system ages, defects, environmental hazards, title/HOA matters, and buyer acknowledgment. Triggered by requests for seller disclosures, property condition disclosure, TDS, SPDS, lead-based paint disclosure, or pre-close compliance in residential sales. tags:

  • agreement
  • drafting
  • transactional

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.

SectionKey Fields
Property OverviewOccupancy, year built, additions/remodels, boundary/survey issues
StructuralFoundation type, cracks/settlement/water intrusion, repairs (dates/contractor/warranty)
Roof/ExteriorAge/material, leaks/repairs, siding/doors/windows condition
Plumbing/Septic/SewerPipe materials, leaks, sewer vs septic, last pump/inspection date
ElectricalPanel amperage, aluminum wiring, code issues, GFCI/AFCI, repairs
HVAC/AppliancesType, age, fuel, maintenance history, defects
Water HeaterAge, capacity, fuel, condition
InteriorWater damage, mold, pests, floor/wall issues
EnvironmentalLead paint (pre-1978), asbestos, radon, USTs, soil contamination, flood history
Natural HazardsEarthquake, wildfire, landslide, flood zone per state report
Legal/TitleEasements, encroachments, boundary disputes, liens, judgments
HOA/CC&RsName, dues, special assessments, violations, pending litigation
Zoning/PermitsZoning, nonconforming use, permits finaled, unpermitted work
GovernmentalViolation notices, code enforcement, condemnation, compliance orders
NeighborhoodNuisances, nearby industrial/ag uses, planned public projects
DeathsDisclose only as state law requires
Other Material FactsAnything 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.
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