seller-disclosure-statement

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.

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.