Updated January 06, 2023
A property disclosure statement is a required document in most states, one completed by the seller to inform the buyer of any material defects or information by law to be mentioned. The statement will also identify if the property is located in any special zoning, such as a flood plain or near a military base, or if the property was ever used for an illegal use such as a meth lab. Once completed, the statement must be delivered to the buyer before or at the time an offer is placed.
Attaching to a Purchase Agreement
The property disclosure statement is commonly attached to a purchase agreement after it’s completed and signed by both the buyer and seller.
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Property Disclosure Statements (By State)
Required in most States that details the condition of the property. In most states, the seller is required to report any structural or material defects in the property (e.g. leaking roof, flooding, etc.).
Depending on the state, the seller may be held liable for any statements or claims made or not made.
How the Property Disclosure Works (3 steps)
Before two (2) parties can enter into a purchase agreement, a statement must be completed by the seller to convey any current issues in a form known as the property disclosure.
The seller should go around the property looking for any material defects such as leaking, fractures, electrical malfunctions, or any other type of issue that should be made known. In some states, the seller can be considered liable if they are aware of an issue that is unreported.
Step 1 – Download the Correct Property Disclosure Statement
Download either the blank property disclosure statement or the State-specific version. It’s recommended to use the State-specific version as that allows the seller to complete the exact questions that may be required in the particular State.
Step 2 – Inspect the Property
It’s best to take a personal tour of the property and take a look at everything. This means all exterior and interior walls, ceilings, bathrooms, roofs, attic, basement, and anywhere else that should be checked to ensure there is no leaking or other issues on the property. Unless the property is located in a Buyer Beware State, the seller is liable for any unreported issues.
The buyer will most likely hire a home inspector that will locate any problems with the house anyway, although it looks much better on the seller if they are identified beforehand.
Step 3 – Sign and Send to the Buyer
After it’s complete it should be signed by the seller and sent to the buyer. Upon the buyer obtaining possession of the property disclosure and reviewing, they will sign the document accepting they have received it. If there has been a purchase agreement already authorized, it should be attached and made part of the agreement.
Earnest Money
If the buyer makes an earnest money deposit and finds a material defect that was not mentioned in the property disclosure, the buyer may be entitled to have their earnest money returned. In States that are not Buyer Beware, the seller is required to report any structural or material defects in the property (e.g. leaking roof, flooding, etc.).
Buyer Beware
Buyer beware is a term that is used to describe states that do not hold the seller responsible for not mentioning material defects at the time of sale. In addition, buyers who choose to purchase in a buyer beware state will be subject to purchasing the property on an “as-is, where-is” basis. Therefore, if there are any material defects found on the property after the closing has occurred, liability rests fully on the new owner.
Buyer Beware States – Alabama, Arkansas, Colorado, Florida, Indiana, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, Virginia, West Virginia, and Wyoming.
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Opening Statement
(1) Seller’s Name. This disclosure must clearly identify the Seller of the property being sold. His or her entire name must be reported on the first line displayed below the title. Should the Seller be a Company or Business (i.e. corporation, llc), record its full name as filed with the State where it was formed.
(2) Property Address. After documenting the Seller’s identity above, the address of the property will be required in this area. The second blank line requires the entire physical address of the property being discussed to be presented. Since this will be a legal disclosure make sure that the property address recorded here is transcribed from its legal description.
(3) Buyer’s Initials. The potential Property Buyer must review the information defining the Seller, the property, and the acknowledgment presented in the introduction to his or her satisfaction. Upon doing so, the Property Buyer should initial the space provided as a testimony of his or her comprehension of, and agreement with, this material. Notice that enough space has been supplied for two sets of initials. If there are more than two Buyers intent on participating in this agreement by signature, then they two must review this introduction and initial this area (additional lines may be inserted at will).
I. Ownership
(4) Property Type. The type of property being considered for purchase must be described accurately. The first article is set to manage this task. Begin by describing the structure of the property being sold. For example, the property may be a single family house, a cabin, a condo unit found in a building, etc.
(5) Year Built. Produce the year when construction of the property was built and it was deemed safe to lease, sell, inhabit, or occupy.
(6) Ownership Length. The number of years that the property has been owned by the Owner or Seller thus far should be documented.
Select Item 7 Or Item 8 Or Item 9
(7) No Survey To Date. A property survey will yield valuable information such as the property’s exact boundaries and is therefore a process the Buyer would wish to be kept up-to-date on. The First Section will seek to establish the status of such a survey on the property in question. If there has not been an accurate or certified survey performed on the Seller’s property during the time he or she has owned it, then select the “No” checkbox.
(8) Accurate Survey Confirmation. If an accurate survey has been performed and completed on the property during the Seller’s term of ownership, then select the “Yes” checkbox.
(9) N/A. Some property sales may not require a survey (i.e. a condominium). If the survey status of the property being sold is not applicable, then the third checkbox presented should be chosen.
(10) Dates Lived On Property. The first date of occupancy enjoyed by the Seller on the concerned property as well as the last date of the Seller’s occupancy on the property must be documented. This information should be produced to the formatted areas following the label “Dates Lived On The Property.
(11) Other Comments. An area has been made available so that any relevant information regarding the Property Seller or Owner and the property can be dispensed with the basic report completed above. This area is optional and may be used or left unattended at the discretion of the Seller. Note this area may also be used to document any information that must be presented with the above report that is required by the State where the property is located
II. Water Supply
Select Item 12 Or Item 13 Or Complete Item 14
(12) Public Water Supply. If the property receives its water from the reservoir serving the county or neighborhood where it is located, then select “Public.”
(13) Private Water Supply. If the source of water for the property is a private well then, the second option from Section II should be selected.
(14) Other. If the property obtains water from a source that is not the public reservoir or a well with a private water supply (i.e. a cistern) then, select the “Other” option and define the source of water for the property being sold on the space available.
Select Item 15 Or Compete Item 16
(15) No Issues With Water. Many Counties across the United States will require that any problems with the quality of water obtained by the property or its delivery be discussed during this process. Therefore, if appropriate to this property, it should be verified if there has been no issues with the water and the property by selecting the “No” box provided after the statement “…Issues With The Water.”
(16) Issues With Water. If there have been any problems or difficulties with the property’s access to water, the quality of the water reaching the property, or the manner in which water is carried away then, select the “Yes” checkbox and define each such issue on the blank line accompanying this option.
Select Item 17 Or Item 18 Or Item 19 Or Item 20 Or Item 21
(17) No Water Treatment System. A number of properties will have a water treatment system in place to filter impurities from the water obtained by the Occupants while a significant number will not. If the property being sold does not have such a treatment system, the “No” checkbox should be selected to address the topic discussed.
(18) Water Treatment System. Select the “Yes” checkbox if the property behind this disclosure does have a water treatment system in place.
(19) Unknown Water Treatment System. The Seller may not have had the opportunity to complete an inspection of the water treatment system or this may not be possible. For instance, a local shut-down may have gone in effect at an inopportune time. If the Seller cannot confirm that the property does or does not have a water treatment system, then the third checkbox must be selected from this section.
(20) Non-Applicable. In some cases, a water treatment system may not be an applicable definition to describe the property. For example, the property may be in a larger structure (such as a building) that houses, controls, and maintains a water treatment system. Regardless of the reason, if this question does not apply to this discussion, the fourth checkbox option must be selected.
(21) Leased. The Seller should inform any potential Buyer of a leased water treatment system used for the property. Therefore, if the property uses a water treatment system that is leased from a Third Party, mark the final checkbox in this area
Select Item 22 Or Item 23 Or Item 24 Or Item 25 Or Item 26
(22) No Fire Sprinkler System. Quite a number of Buyers will consider the sprinkler system on the property an important safety issue while a number of Counties will require a report on this topic. If there is no such system on the property, then the first checkbox (labeled “No”) must be selected”
(23) Fire Sprinkler System Confirmation. If the property has a fire sprinkler system, then mark the second checkbox as verification.
(24) Unknown Status On Fire Sprinkler System. If the presence of the sprinkler system is unknown then, select the third checkbox to answer this question.
(25) Non-Applicable. If this discussion is irrelevant then mark the “N/A” checkbox. The line labeled “Other Comments” should be used to present any additional information that would be useful on this topic.
(26) Leased. Since the fire prevention can be of grave concern for many Property Owners, the Buyer should be informed if the fire sprinkler system used to keep the property safe is leased or not. If so, the fifth checkbox definition for this question should be selected.
Select Item 27 Or Item 28 Or Item 29 Or Item 30
(27) Nonoperational Sprinkler System. If the property has a sprinkler system but the sprinkler system is nonoperational then mark the checkbox “No.”
(28) Operational Sprinkler System. If the sprinkler system on the property is operational, mark the second checkbox (labeled “Yes”).
(29) Unknown. In a case where the property has a sprinkler system, but it has not been determined whether this system is operational, the “Unknown” checkbox must be selected.
(30) N/A. Select the final option for this question should fire sprinkler systems be irrelevant to the concerned property.
(31) Other Comments. An area has been presented where information that further explains the status of the property’s water supply may be documented. For example, if a water treatment system or fire sprinkler system is leased for the property from a Third Party, then it is recommended that the information needed to identify the Third Party as well as the lease agreement is delivered to this area
III. Sewage Disposal
Select Item 32 Or Complete Item 33
(32) Public Sewage Disposal. If the property’s sewage disposal system is publicly accessed, then define the “Type” of sewage disposal system used by marking the checkbox attached to the word “Public.”
(33) Septic Sewage Disposal. If the property uses a septic tank for its sewage disposal, then place a mark in the second checkbox and dispense the number of bedrooms the septic system is approved for on the space provided.
Select Item 34 Or Item 35 Or Item 36 Or Item 37
(34) Septic System Non-Functional. The operational capability of the septic system must be defined if this property makes use of one for its sewage disposal. To this end, locate the question “Septic Systems Functioning Properly?” then select one of the check boxes that follow to define this status. For example, if the Septic System does not function properly then the “No” checkbox should be selected.
(35) Operational Septic System. If the property’s septic system is known to function properly then the “Yes” checkbox should be marked.
(36) Unknown. If the status of the septic system on the property is unknown then mark the third checkbox (“Unknown”).
(37) N/A. If the property does not have or require a septic system, then select the final checkbox to indicate this status is inapplicable to the purpose of this disclosure.
(38) Date Of Recent Septic System Pump. Use the formatted space presented to produce the calendar date of the most recent septic system pump performed for the property’s septic tank.
(39) Other Comments. If the property has a septic system, then many would consider it beneficial that any additional information regarding this system (i.e. make, model, year of mfg., warranty status) is delivered to the “Other Comments” line provided
IV. Heating
Select Item 40 Or Item 41 Or Item 42 Or Item 43 Or Complete Item 44
(40) Oil Heating. The manner by the property is heated will need to be discussed as this can be of concern in many regions. If the property is heated using oil, then mark the first checkbox under “Type” in Section V.
(41) Natural Gas. Indicate that heat for the property is powered with natural gas by marking the second checkbox.
(42) Electric Heating. The third checkbox should be selected if “Electric” heat is used for the property.
(43) Propane. If the property is heated using “Propane,” furnish the third checkbox in this area with a mark.
(44) Other. While these methods of heating a property are the most common, there may be additional sources of power that are both available to and implemented by the property’s heating system. For instance, the property may use solar energy during part or all of the day. Thus, if the previous power sources are inaccurate, mark the “Other” checkbox and define.
Select Item 45 Or Item 46 Or Item 47 Or Item 48
(45) Heat Not Supplied To All Rooms. The Seller should be informed if there are any rooms on the property that are meant to be occupied but are not heated. This can be especially important in areas where there is a harsh climate. If the property’s heating system does not provide heat to every finished room of the property, produce a mark in the first checkbox (“No”).
(46) All Finished Rooms Heated. If the Seller is able to confirm that every finished room in or on the property is heated, then the “Yes” box must be selected in answer to this question
(47) Unknown. Should the Seller not have enough information to discuss the heat available in all the finished rooms in or on the property, then dispense a mark to the “Unknown” checkbox.
(48) N/A. Select the final checkbox if this question cannot be applied to the property being discussed.
V. Air Conditioning
Complete Item 49 Or Complete Item 50
(49) Type Of Air Conditioning. Mark the appropriate checkbox to indicate whether the air conditioning system serving the property is powered by “Oil,” “Natural Gas,” “Electric,” or “Propane.” If none of these apply, then do not select any of these options and review the next item.
(50) Other. If the air conditioning system used by the property is powered by some “Other” method, then select the final checkbox available. Note that if “Other” is selected then the manner that power is delivered to the air conditioning system used by the property must be described on the blank line provided.
Select Item 51 Or Item 52 Or Item 53 Or Item 54
(51) Air Conditioned Area. If the air condition system used for the property is unable to cool all the finished (livable) rooms of the property, the Buyer should be informed of this by marking the “No” checkbox.
(52) Air Conditioning System Status. Mark the second checkbox (“Yes”) if the air conditioning system cools every finished room of the property.
(53) Unknown. If the ability of the air conditioning system to cool every finished room of the property has not been ascertained by the Seller thus far, then deliver a mark to the third checkbox for this question
(54) Not Applicable. In a case where the status of an air conditioning system does not apply to the property and this discussion, select the last checkbox option for this question.
Select Item 55 Or Item 56 Or Item 57 Or Item 58
(55) Nonoperational Air Conditioning. If the air conditioner does not function properly then mark the “No” checkbox attached to the question requesting the air conditioner’s “Operating Condition.
(56) Functioning Air Conditioning. If appropriate, select the second checkbox to indicate that the air conditioning system operates correctly.
(57) Unknown. In the event that the Seller was not able to complete an inspection of the concerned property’s air conditioning system, the third checkbox must be chosen by placing a mark in it
(58) N/A. If an air conditioning system is irrelevant to the property, then select the “N/A” checkbox.
(59) Additional Comments. Any comments that can be made in support of the information produced regarding the air conditioning system and the property can be documented on the “Other Comments” line.
VI. Hot Water
Complete Item 60 Or Complete Item 61
(60) Type Of Hot Water. The method that water is heated on the property will require identification in this disclosure. In Section VI, three of the most common methods are available to choose from by marking the checkbox labeled “Oil,” “Natural Gas,” or “Electric.” If none of these apply however, leave these first three choices unattended.
(61) Other. If water on the property is not heated using the oil, gas, or electricity, then the final checkbox (“Other”) must be selected, and the type of power used to heat the property’s water must be described on the space provided.
(62) Age Of Unit. Furnish the age of the heating unit (i.e. boiler) used to warm the water accessed on the property where requested.
(63) Other. If the hot water on the property bears any further discussion, then use the “Comments” line to present such relevant information.
VII. Foundation
Select Item 64 Or Item 65 Or Complete Item 66
(64) No Settlement Problems. Over the course of time, a structure on a property may settle deeper into the ground. If there are no such foundation issues with the property, the “No” checkbox must be selected.
(65) Foundation Settlement Issues. If there are issues with the foundation in that it is known to have settled into the ground since it has been built or has been damaged, this must be indicated by marking the “Yes” checkbox.
(66) Unknown Or N/A To Property. If the Seller is unable to produce a reliable report on the foundation due to missing information, then the “Unknown” checkbox must be selected however, if none of the choices in this area have any bearing on the property, then select the final option (“N/A”)
(67) Other Comments On Foundation. Supporting information for the disclosure made on the foundation in Section VII should be furnished to the “Other Comments” area
VIII. Basement/Crawlspace/Cellar
Select Item 68 Or Item 69 Or Complete Item 70
(68) No Leaks Or Excessive Moisture. If the property’s basement, crawlspace(s), or cellar do not have any leaks and have not been known to be susceptible or to gather moisture, then the “No” checkbox must be selected.
(69) Leaks Present In Basement/Crawlspace/Cellar. Mark the checkbox labeled “Yes” if the basement, crawlspace, or cellar of this property is known to gather moisture or contains any leaks.
(70) Unknown To Seller Or Not Applicable. If the Seller has not completed an inspection of the basement, crawlspace, or cellar of the property and cannot reliably produce this record, then “Unknown” should be selected. Note that if none of these options are applicable (for instance, the property does not have a basement, crawlspace, or cellar) then mark the final checkbox.
(71) Other Comments. If the Seller wishes to discuss this matter further, then the space available next to “Other Comments” may be used to dispense any and all relevant information concerning the topic of leaks or (excessive) moisture in the basement, crawlspace and/or crawlspace of the property.
IX. Roof
Select Item 72 Or Item 73 Or Complete Item 74
(72) No Evidence Of Leaks Or Moisture. Section IX will discuss any roof leaks present on the property. If there are no such issues, then the “No” checkbox in Section IX must be chosen.
(73) Known Leaks Or Moisture. If the Seller is aware of any roof leaks on the property, then this must be disclosed in Section IX. Thus, if there are leaks on the property then mark the “Yes”.
(74) Unknown Or Not Applicable. Either select the third checkbox if the Seller does not have enough information about the roof to reliably answer this question or select the “N/A” checkbox if this question is inapplicable to the property’s roof.
Select Item 75 Or Item 76 Or Complete Item 77
(75) No Fire Retardant Plywood. If the Seller can confirm that the roof does not contain any fire retardant plywood, then the “No” box should be marked in Section IX.
(76) Roof Contains Fire Retardant Plywood. Select “Yes” if the roof contains fire retardant plywood.
(77) Unknown Condition Or N/A. Mark the third checkbox to indicate the Seller does not have this information or select the final checkbox if the subject of fire retardant plywood cannot be applied to a discussion on the concerned property.
(78) Other Comments. Any additional comments that the Seller wishes to produce on this topic may be furnished to the final area of Section IX.
X. Plumbing System
Select Item 79 Or Item 80 Or Complete Item 81
(79) No Operational Plumbing System. If it has been indicated that the property has a plumbing system in place, then its functionality should be discussed. To this end, if the property’s plumbing system does not work correctly, select the first checkbox in Section X.
(80) Confirming Plumbing Operation. If the plumbing system functions safely and correctly, then the “Yes” box must be selected from to answer the second question in Section X.
(81) Unknown Status Or Non Applicable. In a case where the Seller does not have information on the property’s plumbing system, a mark should be placed in the third checkbox however, should the discussion of Section X not relate to the property the “N/A” checkbox should be supplied with a mark instead.
Select Item 82 Or Complete Item 83
(82) No Issues Plumbing System. If the Seller is able to confirm that the plumbing system does not have any issues and therefore functions as it should, then the first checkbox (labeled “No”) must be selected to answer the second question in Section X.
(83) Plumbing System Problems. If there are any issues with the plumbing system of the property (i.e. slow leaks, defective piping, etc.) then select “Yes” from the second question and use the space presented after the word “Explain” to define every issue that would interfere with the proper operation of the plumbing system available on the property.
(84) Additional Comments. The Seller may use the final area of this Section to present more information regarding the property’s plumbing system as needed.
XI. Electric Systems
Select Item 85 Or Item 86 Or Complete Item 87
(85) No Known Electrical System Issues. If no issues exist with the electrical system serving the property, then locate Section XI and supply a mark to the “No” checkbox.
(86) Known Electrical System Issues. Issues with the wiring, outlets, and other components of the electrical system used by this property must be disclosed if they are known by the Seller. In such a case, the “Yes” checkbox must be selected from this section.
(87) Unknown Or Does Not Apply To Discussion. The Seller may not have been able to perform an inspection of the electrical system meaning that he or she cannot discuss it with any accuracy. If so, then mark the box labeled “Unknown.” In a case where none of these options apply to this question, the “N/A” checkbox should be marked.
(88) Other Comments. Additional information defining the electrical system and its operation by the Seller to the “Other Comments” line provided.
XII. Insulation
Select Item 89 Or Item 90 Or Complete Item 91
(89) No Exterior Wall Insulation. In Section XII, the insulation present on this property will be defined beginning with the first question where the exterior wall will be discussed. If the exterior walls of the property do not have any insulation from the elements, the first checkbox (labeled “No”) must be selected.
(90) Exterior Wall Insulation. If the property’s exterior walls contain insulation then the second checkbox must be selected.
(91) Unknown To Seller Or Not Applicable To Property. If the Seller is unaware of whether the exterior walls of the property have insulation, then the third checkbox for the “Exterior Walls” question should be selected or if this subject is not applicable, then the final checkbox must be selected.
Select Item 92 Or Item 93 Or Complete Item 94
(92) No Ceiling/Attic Insulation. . Indicate that the Ceiling or Attic does not have insulation by selecting “No” for the second question.
(93) Ceiling/Attic Insulation Present. If appropriate, confirm that the property’s ceiling or attic is insulated by selecting the “Yes” box.
(94) No Information Or Not Applicable. If it is “Unknown” as to whether the property’s ceiling and attic contain insulation and thus neither of the previous two check boxes were selected, then the third checkbox should be marked. Otherwise if the topic of ceiling insulation is not relevant (i.e. the property is in a building) then the final checkbox should be selected.
Select Item 95 Or Item 96 Or Complete Item 97
(95) No Floor Insulation. If there is no insulation present “Under The Floor” of the property, then the first checkbox should be marked in the third question posed by Section XII.
(96) Floor Insulation Confirmation. If the floor of the property is insulated, then choose the second checkbox to answer the third question on this topic.
(97) Not Known Or Not Applicable. In a case where the Seller does not know whether or not the floor is insulated, produce a mark in the “Unknown” checkbox. If the structure of the property or the requirements of this paperwork (in the state where it is executed) makes the topic of floor insulation inapplicable then place a mark in the fourth checkbox.
Select Item 98 Or Item 99 Or Complete Item 100
(98) Other Areas Not Insulated. The insulation of the other areas of the property must be addressed. If the other areas of the property do not contain insulation, then select “No.”
(99) Other Areas Insulated. If the other areas of the property are insulated, then the “Yes” checkbox must be marked.
(100) Unknown Or N/A. There may be cases where the Seller will be unaware of the insulation present in other areas of the property because he or she has not been able to investigate this matter to any reasonable degree. If this is the case, then “Unknown” must be selected to answer the final question in Section XI. “N/A” should only be chosen if the subject of insulation to the other areas of the property is irrelevant to the structure of the property.
(101) Other Comments On Insulation. The Seller may be required to dispense some information regarding the type of insulation used and when it was installed. Any additional information regarding the insulation that is a part of the property can be documented in the area titled “Other Comments.”
XIII. Exterior Drainage
Select Item 102 Or Item 103 Or Complete Item 104
(102) No Standing Water After Rain. If the Seller is able to state that the property does not allow for standing water to accumulate during or after a heavy rain, then the first checkbox must be selected from Section XIII.
(103) Standing Water After Rain. If the Seller of the property is aware that water will accumulate and remain during or after heavy rain on the property, then the “Yes” box should be furnished with a mark.
(104) Unknown Or N/A. If it is unknown whether standing water accumulates following heavy rain on the property, the third checkbox should be selected. If standing rain does not apply to the property being sold, then select the final checkbox option for this question.
Select Item 105 Or Item 106 Or Complete Item 107
(105) Damaged Gutter And Downspouts. The gutters and downspouts on a property will often be present to control rain flow when there is excess water. If any of these are defective or require repair, the “No” checkbox will need to be selected in answer to the second question in this section.
(106) Gutter And Downspouts Operational. The Seller may confirm that all gutters and downspouts found on the property function in a satisfactory manner by adequately draining excess water from the property with a mark submitted to the “Yes” checkbox
(107) Unknown To Seller Or Does Not Apply. If the status of the gutter and downspouts on the property is “Unknown” at the time this disclosure is made, then place a mark in the third check box. In some cases, the condition of gutters or downspouts is irrelevant to the property. For instance, the property may be on the third floor of a five-story structure. If the topic of gutters and/or downspouts simply does not apply to the property being sold, produce a mark in the fourth checkbox.
(108) Exterior Drainage Comments. An area has been made available in Section XIII (“Other Comments”) so that any supporting information regarding the property gutters and downspouts can be presented with this report.
XIV. Wood-Destroying Insects
Select Item 109 Or Item 110 Or Complete Item 111
(109) No Current Or Prior Damage. If the property has not had a history with wood-destroying pests (i.e. termites), it should be confirmed in this paperwork. Select “No” if no infestation or damage to wood has occurred to the property at the time of this document’s execution.
(110) Known Current Infestation Or Prior Damage. If the property has a history with wood-destroying insects, then the second checkbox should be selected from Section XIV.
(111) Unknown Status Or N/A. If the Seller is unaware of any history with wood-destroying pests and has not performed an inspection, then produce a mark in the third checkbox otherwise, if none of these statements are applicable because this does not affect the property (i.e. the property is a concrete structure) then the final checkbox should be selected.
(112) Additional Information On Wood-Destroying Insects. Wood-destroying insects and other similar pests on a property will often generate damage and paperwork. Therefore, if the Seller must provide additional information regarding the information presented thus far in Section XIV, the “Other Comments” area may be used to do so. This may also be used to name an attachment required.
XV. Carbon Monoxide Alarm
Select Item 113 Or Item 114 Or Complete Item 115
(113) No Carbon Monoxide Alarms. Section XV shall solidify the number of carbon monoxide alarms, if any, are present on the property. If there are no carbon monoxide alarm units on the property, then select the “No” box. Note this box should be selected only if there are no physical units on the property.
(114) Carbon Monoxide Alarms Present. If there are carbon monoxide alarms present on the property, the checkbox bearing the “Yes” label requires selection. This is required even if the carbon monoxide alarm is present but nonfunctional.
(115) Unknown Or Not Applicable. Section XV allows for the Seller to report if he or she is unaware of the presence or status of carbon monoxide alarms on the property by selecting “Unknown” or to indicate that this has no bearing on the disclosures made on this property by delivering a mark to the “N/A” checkbox.
(116) Other Comments. The “Other Comments” line should be used to indicate if any carbon monoxide detectors have issues, require additional care, as well as any other information needed to describe the carbon monoxide alarm units on the property. Some documentation may need to accompany this paperwork regarding carbon monoxide alarms and the property. The “Other Comments” area can also be used to document the title of such attached documents as well as discussing the topic further (as needed).
XVI. Hazardous Or Regulated Materials
Select Item 117 Or Item 118 Or Complete Item 119
(117) No Hazardous Or Regulated Materials. The majority of states, as well as federal law, will require a disclosure of hazardous materials or regulated materials on the property. For instance, lead-based paint present on the property must be disclosed to satisfy regulations set by the Federal Government. If there are no such materials present on the property, then the first checkbox in Section XVI requires selection.
(118) Hazardous Or Regulated Materials Present. If there are any hazardous materials or regulated materials on the property, this document must include such information. Mark the “Yes” checkbox found in Section XVI if this is the case. The “Other Comments” should be used to further explain the presence of such materials and will accept the titles of any attached documentation (i.e. a HAZMAT Certificate).
(119) Unknown Or N/A. At times, the information needed to evaluate the presence of hazardous materials or regulated materials may not be available to the Seller at the time of this disclosure’s execution. In such a case, the “Unknown” checkbox must be selected. If this discussion simply does not apply to the property in question, however, then the “N/A” checkbox should be marked.
(120) Other Comments. All HAZMAT documentation that identifies and certifies that hazardous or regulated materials being stored safely on the property should be presented (ideally) to the Buyer with this disclosure. If this is possible, then the title of each such attached certificate or report should be listed with any additional comments on the subject in the area labeled “Other Comments.” Bear in mind, that if there have been any legal issues regarding hazardous or regulated material on the property, this should be explained further in this area as well.
XVII. Fire
Select Item 121 Or Item 122 Or Complete Item 123
(121) No Fireplaces, Wood Stoves, Or Chimneys. If the property does not have any fireplaces, any wood stoves, or any chimneys present, select the first checkbox found in Section XVII.
(122) Fireplace, Wood Stove, Or Chimney Included. It must be documented if the property has one or more fireplace, wood stove, or chimney. In this case, fill in or mark the second checkbox (“Yes”) found in Section XVII.
(123) Unknown Or Not Applicable. If the Seller is unable to select “Yes” or “No” because of a lack of information, then the third checkbox (“Unknown”) should be chosen. If this subject matter is irrelevant to this disclosure and the property, then the “N/A” must be marked.
(124) How Many. If there are any fireplaces, wood Stoves, or chimneys on the property then the number of these items on this property must be supplied to the line following the question “How Many.”
(125) Nonworking Fireplace, Wood Stove, Or Chimney. If there are fireplace(s), wood Stove(s), or chimney(s) on the property but one or more of such units are unsafe or inoperable, this must be documented. Produce a mark in the box labeled “No” after the term “…Working Condition” to disclose this information to the Buyer.
Select Item 126 Or Item 127 Or Complete Item 128
(126) Operable Fireplace, Wood Stove, or Chimney. If every fireplace, wood stove, or chimney on the property is safe to operate and functions correctly, place a mark in the “Yes” checkbox to answer the second question in Section XVII.
(127) Unknown Or Irrelevant. The Seller may be able to verify that a number of fireplaces, wood stoves, or chimneys are on the property but unable to establish whether they are functional. To indicate this is the case, select the checkbox labeled “Unknown.” If none of these statements can be applied to the property because the question is irrelevant, mark the “N/A” checkbox
(128) Other Comments. Any further information that applies to fireplaces, chimneys, or wood stoves on the property should be presented in the final area of Section XVII.
XVIII. Zoning Violations
Select Item 129 Or Item 130 Or Complete Item 131
(129) Conforms To Zoning Laws. If the Seller is able to confirm that the property’s structure and status are free of zoning violations and does not violate state or federal law, the “No” checkbox in Section XVIII should be marked.
(130) Known Zoning Violations. Any violations that the property is known to be responsible for correction in order to become compliant with the law must be disclosed. This requires that a mark is placed in the “Yes” checkbox found in Section XVIII.
(131) Legal Status Unknown Or N/A. The Seller may not have received enough information to accurately answer the question posed by Section XVIII. To indicate this circumstance, mark the “Unknown” checkbox. Bear in mind, that if none of these answers or this question holds relevance to the property, the “N/A” checkbox requires selection.
(132) Other Comments. All information regarding zoning violations, building or use restriction violations, and other such legal encumbrances should be presented using the “Other Comments” area of Section XVII.
XIX. Improvements
Select Item 133 Or Item 134 Or Complete Item 135
(133) No Improvements To Property. If the property has not been improved in any way by a Contractor in the past or by the Seller, then select the first checkbox presented by Section XIX should be selected.
(134) Improvements Made. If any improvements have been made to the property, deliver a mark to the second checkbox available in Section XIX, then furnish a description of the improvements made on the space provided.
(135) Unknown Or Property Improvement Non Applicable. The Seller may be unaware of whether any improvements have been made to the property since its construction and be unwilling to confirm or deny this in answer to this question. The “Unknown” checkbox may be selected to indicate this status, however, if this question cannot be answered because it does not affect the property being discussed or is irrelevant to this disclosure then the “N/A” checkbox requires selection.
(136) Additional Property Improvement Information. The final area of Section XIX expects that any instructions, information, or attachments discussing property improvements made in the past or currently underway be included in the space provided.
Section XX. Flood Zone
Select Item 137 Or Item 138 Or Complete Item 139
(137) Not In Flood Zone. Some areas are prone to flooding when rain occurs on or near the property. If this is not the case and the property is not located in a flood zone, then confirm this with a mark supplied to the “No” checkbox in Section XX.
(138) Known Flood Zone. Choose the second checkbox (labeled with the word “Yes”) if the Seller is aware that the property is in a flood zone.
(139) Unknown Or Not Applicable To Flood Zones. Select the third checkbox from Section XX if the Seller does not have the information to answer this question or select the fourth checkbox if this question is not relevant
(140) Other Flood Zone Comments. An area (“Other Comments”) has been supplied to Section XX where more information or disclosures concerning flood zones and the property can be presented.
XXI. Restrictions
Select Item 141 Or Item 142 Or Complete Item 143
(141) No Known Restrictions. Select the first checkbox presented in Section XXI if there are no restrictions placed on the property (i.e. occupancy, signage, etc.).
(142) Restriction On Property. There may be one or more restrictions placed on the Occupants of this property. For instance, a residential area with a strong homeowner’s association may strictly forbid running certain businesses (or any businesses) from the property. If any restrictions are placed on the property, deliver a mark to the “Yes” checkbox.
(143) Restrictions Unknown Or Do Not Apply. The Seller may not be able to select either of the previous answers to this question if he or she does not have an adequate amount of information on this topic. If so, a mark must be submitted to the “Unknown” checkbox. If the subject of property restrictions does not apply to this discussion then the final checkbox should be selected (“N/A”)
(144) Other Comments. If additional information must be supplied on this topic by the Seller, then the “Other Comments” area is available for such documentation to be included, attached, and named.
XXII. Mineral Rights
Select Item 145 Or Item 146 Or Complete Item 147
(145) No Mineral Rights. If the property does not allow the Buyer any mineral rights (for any reason), place a mark in the first checkbox of Section XXII.
(146) Mineral Rights Of Property. If the property allows the Buyer access to any mineral rights, then furnish a mark to the “Yes” box.
(147) Mineral Rights On Property Unknown Or Not Applicable. The mineral rights available through this property may not have been evaluated by the Seller due to a lack of information. The Seller must choose the third answer to this question (“Unknown”) if this is the case. Otherwise, if none of these answers can be selected because of a lack of relevancy to this paperwork, this discussion, and the property, select the checkbox bearing the “N/A” label.
Select Item 148 Or Item 149 Or Complete Item 150
(148) Seller Does Not Own Mineral Rights. If there are mineral rights that may be had from the property but are not under the ownership of the Seller, then the second question posed by Section XXII must be answered by selecting “No.”
(149) Seller Owns Mineral Rights. If the Seller owns mineral rights available through the property, the “Yes” box must be selected in answer to the second question.
(150) Unknown Or Mineral Rights Do Not Apply. The Seller may not be sure if he or she has mineral rights through this property. This must be indicated through a selection of the “Unknown” checkbox. Since this question must be answered even if it is irrelevant, the “N/A” checkbox is available for selection if none of the previous answers can be applied to the Seller’s access to mineral rights through the property.
(151) Additional Mineral Rights Information. If there are any mineral rights that can be granted through ownership of this property, then a record of the minerals and availability to such rights should be presented in the “Other Comments” portion of this section.
XXIII. Murder/Suicide
Select Item 152 Or Item 153 Or Complete Item 154
(152) No Murders Or Suicide On Property. If there have been no murders committed on the property and no suicides, select the answer “No” to the question presented by Section XXIII
(153) Murder/Suicide Occurred On Property. A number of states will have strict regulations calling for the disclosure of any murders or suicides that may have occurred on the property being discussed. Therefore, place a mark in the checkbox labeled “Yes” if the Seller is aware of any murders committed on the property or any suicides.
(154) Status And History Unknown Or Inapplicable. Select the third checkbox only if the Seller has not been given any information regarding murders or suicides on the property and has also been unable to verify that none have occurred. The final checkbox may only be used to answer this question if the subject does not apply to this document or the property in question.
(155) Other Comments. Naturally, a property where a murder or suicide occurred will bear further discussion. Use the “Other Comments” area for this purpose.
XXIV. Illegal Drug Or Criminal Activity
Select Item 156 Or Item 157 Or Complete Item 158
(156) No Illegal Drug Or Criminal Activity. If the property does not have a history with illegal drugs or criminal activity (conducted by its Occupants or on the property by Non-Occupants), then locate Section XXIV to select the “No” checkbox.
(157) Known Illegal Drug Or Criminal Activity. If the property has had any history with illegal drugs, if any of its previous Occupants have engaged in criminal activity, or if any crimes have been committed on the property, then the second checkbox of Section XXIV must be selected.
(158) Illegal Drug Or Criminal Activity Unknown Or Not Applicable. If neither of the previous options (“No” or ”Yes”) can be used to answer this question because there is no information available to the Seller, then the third checkbox should be selected, but if the Seller did not indicate that illegal activity has occurred or not occurred on the property because this does not apply to the discussion, then the fourth checkbox must be marked.
(159) Other Comments. If the Seller wishes or is required to provide additional information on this matter, the space “Other Comments” may be used to present it with this paperwork
XXV. Material Defects
Select Item 160 Or Item 161 Or Complete Item 162
(160) No Material Defects. If there are no material defects to the property (i.e. an unpredictably fluctuating market value) associated with the property, the first checkbox of Section XXV must be selected.
(161) Material Defects Present. Any material defects that may alter the conditions or closing of the property sale must be confirmed by marking the “Yes” box and explained in the “Other Comments” area.
(162) Unknown Material Defects Or N/A. The Seller may not be able to confidently indicate that this property is safe or subject to material defects that would affect its sale. This requires that the “Unknown” selection be made. Keep in mind, if none of the choices above can be used to answer this question due to a lack of relevancy to this disclosure, the final checkbox option should be selected.
(163) Other Comments. The final area presented by Section XXV seeks to present any additional information on this topic at the discretion of the Seller and in compliance with governing law.
XXVI. Structural Systems
Select Item 164 Or Item 165 Or Complete Item 166
(164) No Known Structural Defects. Produce a mark to the first checkbox in Section XXVI if the property has been constructed without and maintains no structural defects (i.e. a cracked foundation).
(165) Structural Defects On Property. If the Seller is aware of any structural defects or any remedies applied to a structural defect on the property, then the “Yes” box requires selection in Section XXV.
(166) Unknown Or N/A. If the Seller cannot verify that the property does not have any structural defects or cannot confirm that any structural defects exist because of a lack of knowledge of the physical property, then choose the third checkbox to answer this question. Bear in mind that the status of the property’s structural system may not necessarily be relevant to this discussion. If so, then indicate this by marking the “N/A” checkbox
(167) Other Comments. The final area (“Other Comments”) provided should be used to further discuss structural defects known to the Seller or to present evidence of a lack of any structural defects.
XXVII. Additional Disclosures
(168) Property-Specific Information. This document has been set with the common disclosures that should be and will be expected by Seller, Buyers, and the laws governing the sale. If there are any disclosures that have not been presented but are allowed or required by the local government for the sale of this property to occur in a legal manner, then use the area in Section XXVII to present the remaining required disclosures for this property.
XXVIII. Signature Area
(169) Buyer’s Signature. Upon review of the above disclosure and every attachment present, the Buyer must sign his or her name as well as identify the current date. Additionally, it is required that he or she present his or her entire name in print. Two Buyer Signature areas contain a separate line for each one’s signature, current date, and printed name. Every Buyer receiving this disclosure with the intent of participating in the potential sale of the concerned property must complete this area. If there are more than two Buyers, then insert additional Buyer signature areas for each one.
(170) Seller’s Signature. Two Signature areas have been provided to accept the signature, signature date, and the printed name of each Property Seller. This area should only be completed upon a careful review of the information presented above and the attachments affixed to this paperwork at the time of signing. If there are more than two Sellers that must sign this document, then make sure to insert additional signature areas so that each one may be accommodated.
(171) Agent’s Signature. If an Agent has been involved with this document’s development and/or the purchase agreement that relates to it, then he or she must also sign his or her name upon a satisfactory review of the disclosure package created above. The date when this action was completed and his or her name in print must accompany this signature
