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Property Disclosure Statement

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The property disclosure statement is required in most States to be 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 flood plain or if 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.

  • Attach to a Purchase Agreement – The property disclosure statement is commonly attached to a purchase agreement after it’s been completed and signed by both parties.

For Landlords & Tenants – Use the Move-in Checklist to protect the tenant from any unfounded claims of property damage at the end of the lease term.

Table of Contents

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 to any statements or claims made or not made.

State Property Disclosure Laws
Alabama *Property Disclosure (*optional)
Alaska Property Disclosure AS 34.70.010
Arizona Property Disclosure Hill v. Jones, 725 P.2d 1115)
Arkansas *Property Disclosure (*optional)
Property Disclosure, Natural Hazard Disclosure CC § 1102
Colorado Property Disclosure § 38-35.7
Connecticut Property Disclosure § 20-327b
Delaware Property Disclosure § 2577
Florida Property Disclosure Johnson v. Davis, 480 So.2d 625
Georgia Property Disclosure § 44-1-16
Hawaii Property Disclosure § 508D-5
Idaho Property Disclosure § 55-2508
Illinois Property DisclosureRadon Testing Guidelines for Real Estate TransactionsIllinois Disclosure of Information on Radon Hazards 765 ILCS 77/35765 ILCS 77/20
Indiana Property Disclosure § 32-21-5
Iowa Property Disclosure, Radon Home-Buyers and Seller’s Fact Sheet § 558A.2
Kansas Property Disclosure § 58-30.106
Kentucky Property Disclosure § 324.360
Louisiana Property Disclosure § 9:3198
Maine Property Disclosure § 173
Maryland Property Disclosure § 10-702
Massachusetts Property Disclosure, *Title 5 Addendum (*only for septic tanks) § 15.301, § 197A
Michigan Property Disclosure § 565.957
Minnesota Property Disclosure § 513.55
Mississippi Property Disclosure § 89-1-503
Missouri Property Disclosure (Form DSC-8000) § 442.606
Montana Property Disclosure § 37-51-313
Nebraska Property Disclosure § 76-2,120
Nevada Property Disclosure NRS 113.130
New Hampshire Property Disclosure § 477:4-d
New Jersey Property Disclosure § 46:3C-10
New Mexico Property Disclosure, Estimated Property Tax Levy Disclosure § 47-13-4
New York Property Disclosure § 462
North Carolina Property Disclosure G.S. 47E-4(b)
North Dakota Property Disclosure § 43-4-44
Ohio Property Disclosure § 5302.30
Oklahoma Property Disclosure (Known Defects) or Property Disclosure (No Kown Defects) § 60-833
Oregon Property Disclosure ORS 105.464
Pennsylvania Property Disclosure § 7304
Rhode Island Property Disclosure § 5-20.8-2
South Carolina Property Disclosure § 27-50-40
South Dakota Property Disclosure § 43-4-38
Tennessee *Property Disclosure (*Buyer may waive their right to receive the disclosure) § 66-5-202(1)
Texas Property Disclosure § 5.008
Utah Property Disclosure R162-2f-401a
Vermont Property Disclosure § 20-4-1800:4.5
Virginia Property Disclosure § 55-519 & § 55-520
Washington Property Disclosure § 64.06.030 & § 64.06.020
West Virginia *Property Disclosure (*optional)
Wisconsin Property Disclosure 709.01(2)
Wyoming *Property Disclosure (*Only for Agents) § 33-28-303(c)

How the Property Disclosure Works

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.

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

1 – Download The Disclosure Statement From This Page

Use either the buttons or the links on this page to obtain a copy of this Statement. This paperwork is available as an Adobe PDF, Microsoft Word, or Open Document Text file. Select the type of file you wish to work with using one of these items.

2 – Supply Some Items To The Opening Paragraph

A few things need to be established before we proceed to the articles making up this document. First, locate the blank line labeled “Seller’s Name.” Here, input the Full Name of the rightful Property Owner. The next line, labeled “Property Address,” requires the Complete Physical Address of the concerned Property reported on it. This information should be (or should be comparable to) the Property’s Building Number, Street Name, Unit Number (if this applies), City/County, State, and Zip Code. The Buyer must read the “Notice To Buyer” paragraph then use the blank spaces below it to provide his or her Initials. This act will acknowledge that he or she has read and fully comprehends this statement.

3 – Discuss Property Ownership In The First Article

Find the heading “I. Ownership.” Several labeled areas have been presented so that you may supply some basic information. Begin by describing what kind of Property we are discussing using the blank line labeled “Property Type.” Next, report the Calendar Year when the original construction of this Property was completed on the blank line labeled “Year Built.” Now we will present some facts regarding this Property’s Current Ownership. Begin with the how long (in years) the Current Property Owner has owned the Property. Enter this number of years on the blank line after the words “Ownership Length.” The next required piece of information may be supplied by marking the appropriate check box. If the Property has not had an accurate survey, then mark the box labeled “No.” If so then, mark the box labeled “Yes.” If this question is not applicable, then mark the third check box. The next statement must have your input so that it may be completed. Enter the first Calendar Date the Current Owner took up residence on the Property using the first two blank spaces after the statement “Dates Lived On The Property.” Once done, fill in the last Calendar Date when the Owner lived on this Property across the next two blank spaces. If there are any “Other Comments” describing the Ownership of the Property supply them on the last blank space of this article.

4 – Detail The Property Utilities

The second article, titled “II. Water Supply,” contains several checkbox statements meant to define this utility. Begin by indicating how this Property accesses water. You may select the box marked “Public,” “Well,” and “Other.” If you have chosen “Other” make sure to give a description of how water is accessed from the Property using the blank area provided. You must report if there are any issues with accessing the water from the Property or if there are any issues with the quality of the water used by the Property by marking the box labeled “Yes, The Issues Are” then, giving a detail on any such problems using the blank lines provided. If there are no such issues with the water available to the Property, then simply mark the box labeled “No.” Next, we will disclose if there are any Water Treatment Systems and Fire Sprinkler Systems on the Property using the next two statements. You may either choose “No” or “Yes” to indicate if these systems are in place, mark “Unknown” to indicate you do not know, select “N/A” if this is inapplicable, or show that either or both systems are “Leased” by marking the last box in the Water Treatment Systems and Fire Sprinklers statements. If there are Fire Sprinklers on the Property, then you must disclose your knowledge on their functionality. If you know the Fire Sprinklers do not work, then mark the box labeled “No” after the words “Fire Sprinklers In Operating Condition.” If they do work, then mark the “Yes” box. If you do not know the answer or if this is inapplicable to the Property, then mark either “Unknown” or “N/A” accordingly. Any other definitions relevant to the Water Supply available to the Property should be documented on the blank line after the words “Other Comments.” In the next article, “III. Sewage Disposal,” we will begin by defining how Sewage generated on the Property is disposed of. Mark either the box labeled “Public” or the box labeled “Septic” to indicate how disposal is handled. Keep in mind that if the Property uses a Septic Tank, then you must disclose how many Bedrooms the tank is approved for on the blank space just before “(#) Of Bedrooms.” If the Property uses a Septic System/Tank, then we must deliver a few more facts. If the Septic System does not function correctly or experiences any operating issues, then mark the box labeled “No.” If there are no issues with the Septic Tank or the system it uses, then mark the box labeled “Yes.” Otherwise, indicate if you do not know the answer by checking the box labeled “Unknown” or if this is inapplicable altogether by marking the box labeled “N/A.” If the Property uses a Septic System, then deliver the last Calendar Date when its tank was pumped on the blank lines after the question “Last Time The Septic System Was Pumped.” Additional comments may be delivered on the blank line labeled “Other Comments.” In the fourth article, “IV. Heating,” we discuss how the Property is heated during inclement weather. Check mark the box that best corresponds to the method the Property is heated on cold days and the winter. Several choices have been made available “Oil,” “Natural Gas,” “Electric,” “Propane,” and “Other.” A blank space has been presented after the word “Other” because you must define how the Property is heated if you choose this box. Next, indicate if all the finished rooms on the Property can be heated using the Property’s heat source by marking the box labeled “No” or “Yes.” If you do not know or if this is not applicable, then choose “Unknown” or “N/A.” If one or more of the Property’s heating systems is inoperable then you must check the box labeled “No” after the “Are The Systems In Operating Condition?” If all the Property’s heating systems are operational then mark the “Yes” box. Otherwise choose the third box to indicate you do not know or the fourth box to explain this is inapplicable. An additional area (“Other Comments”) has been supplied so you may present any relevant information regarding the Property’s heating systems. Article “V. Air Conditioning” will cover how the Property is kept cool during the summer months or on extraordinarily hot days. As with the previous article, we will have to define the type of system used to accomplish climate control. Indicate whether the Property is cooled using an “Oil,” “Natural Gas,” “Electric,” “Propane,” or some “Other” system by marking the appropriate check box after the word “Type” in this article.  If Air Conditioning is not available to all the rooms on the Property, then mark the box labeled “No” in the second statement. If so, then mark the box labeled “Yes.” You may also indicate that this is “Unknown” or does not apply by marking either the third or the fourth box. The third question here will require you indicate if the Air Conditioning system is in working order. Choose one of the four check boxes (“No,” “Yes,” “Unknown,” or “N/A”) to report the Current Owner’s findings. An additional area labeled “Other Comments” will enable a more detailed report on the Air Conditioning available to the Property.  Finally, in the sixth article, “VI. Hot Water,” report whether the Property’s Water is heated by “Oil,” “Natural Gas,” “Electric,” or “Other” then, using the blank space labeled “Age” document how many years the current water heating system has been in place. You should only choose one box, however, if you choose “Other” you will also be required to describe the current system.

5 – Define The Physical Structure Of The Property

The next several parts will focus on the physical structure of the Property. We will begin with the seventh article (“VII. Foundation”). If the Property has no issues with its Settlement into its Foundation and does not have any other problems its construction and stability, then mark the check box labeled “No” in Article Seven. If so, then you must mark the “Yes” box and use the “Other Comments” area to report such issues. You may also indicate that you do not know by marking the third check box or that this question does not apply to this property by marking the fourth box. If the Property has a Basement, Crawlspace, or Cellar, then you must verify that it does not have “Any Leaks Or Excessive Moisture” by marking the check box labeled “No,” report that it does have such issues by marking the “Yes” box or that you do not know by marking the third check box. If this Property does not have such an area than you may mark the fourth checkbox. Record any information that would be considered relevant to this subject on the “Other Comments” line. The next topic, titled “IX. Roof,” shall also deal with any possible damage to the Property. If the Property’s Roof does not have leaks and does not show any evidence of excessive moisture, then place a mark in the checkbox labeled “No.” If there are any such issues or if you do not know, then you should choose either “Yes” or “Unknown.” If this does not really apply to the Property being sold, then mark the fourth check box. If the roof does not contain Fire-Retardant Treated Plywood, then select the first box after the word “…Plywood.” If so, then mark “Yes.” If you do not have this information or it does not apply to the Property being discussed, then mark the “N/A” box. Additional information may be reported as necessary using the blank space labeled “Other Comments.” In the tenth article, “X. Plumbing System,” we will discuss the piping involved with delivering water to and from the Property. If this system does not function or experiences operational difficulties, then you must mark the box labeled “No” in the first statement. If it functions adequately and cleanly then mark the second checkbox and if this is “Unknown” or does not apply, then choose either the third or fourth check box. If there are no issues with the Plumbing System, then check mark the first box in the second question. If so, mark the box labeled “Yes,” then use the area after the word “Explain” to give a report on the Plumbing Issues the Property has. Additional Comments may be supplied as necessary using the last item in this article. The Property’s Electrical Systems will be our focus in the next article, “XI. Electric System.” If there are no known issues with any of the electrical wiring, outlets, or source then mark the first box after the question “Are There Any Known Issues With The Electrical System?” If there are known issues with any of the Electrical System on the Property, then mark the box labeled “Yes.” In the event this information is unknown or inapplicable you may choose the third or fourth box respectively. Any information relevant to the wiring or other parts of the Property’s Electrical Systems should be placed on the blank line after the words “Other Comments.”

6 – Disclose Any Environmental Conditions Affecting The Property

The “XII. Insulation” article will discuss how the Property has been protected from the environment. If there is no Insulation in the Exterior Walls, mark the “No” check box. If so, then mark the “Yes” box. If you do not access to this information, then you may mark the “Unknown” box. If this does not apply to the Property, then mark the last box. Similarly mark the box labeled “No,” “Yes,” “Unknown,” or “N/A” to report your knowledge as to whether there is Insulation in the Ceiling/Attic in the second statement.  If there is no Insulation “Under The Floor” then mark the “No” box in the third statement. If so, then mark the second check box. You may also choose “Unknown” or “N/A” if these are more appropriate to the current situation. Finally, use the check boxes in the fourth statement to indicate if there is Insulation in other areas of the Property. You may select “No,” “Yes,” “Unknown,” or “N/A” to report this information. The final statement label “Other Comments” will supply a blank space where you can deliver additional information. The next article, “XIII Exterior Drainage,” shall require information to define how excess water from inclement weather is handled. If there is no water stand on the Property after heavy rain or storm, then you must place a mark in the check box labeled “No” in the first statement. If there is standing water, then mark “Yes.” You are also given the option of choosing “Unknown” or “N/A” (nonapplicable) if either are more appropriate.

If there are any problems preventing the Gutters and Downspouts from functioning, then locate the second question (“Are Gutters And Downspouts…”) and mark the box labeled “No.” If they operate well, then mark the box labeled “Yes.” If this information is unavailable or does not apply to the Property, then choose either the box labeled as “Unknown” or “N/A” to indicate so. If more information regarding Exterior Drainage should be supplied in this document, make sure it is documented on the blank line labeled “Other Comments.” If the Property does not presently have an Infestation from Wood-Destroying Insects and/or Physical Damage from a previous Infestation, then you should mark the “No” check box in the fourteenth article (“Wood Destroying Insects”). If the Property is currently suffering an Infestation of Wood-Destroying Insect or has physical damage from such an Infestation in the past, then mark the “Yes” box. If you do not have any information regarding this status, then you may mark the box labeled “Unknown.” If none of the choices in this subject matter is applicable to the Property then, choose “N/A.”  Any other information that should be delivered may be done on the blank space attached to the words “Other Comments.”The status of the Property’s Carbon Monoxide Detector will be addressed in the next item “XV. Carbon Monoxide Alarm.” Locate the question “Is A Carbon Monoxide Alarm On The Property?” then mark “No,” “Yes,” “Unknown,” or “N/A” to record the current status of this system. You may also present additional information describing the Carbon Monoxide Alarm on the Property in “Other Comments.”  In the next article, “XVI. Hazardous Or Regulated Materials,” we will need to disclose if any dangerous substances (i.e. Asbestos), biological hazards (i.e. Mold, Landfills), hazardous materials (i.e. underground storage tanks/waste), unlawful and dangerous structures (i.e. drug labs), or any other such hazard is on the Property by selecting the “No,” “Yes,” “Unknown,” or “N/A” check boxes presented after the paragraph statement.  If more information should be documented in this area, make sure to do so using the “Other Comments” line in this article. Locate the next article, titled “XVII Fire,” then indicate if the Property has “Any Fireplaces, Woodstoves, Or Chimneys” by marking “No” or “Yes.” If you do not know whether the Property has such items, then select “Unknown.” If none of these choices can be used to describe the Property, then select “N/A” by marking the corresponding checkbox. If you marked “Yes” to the previous question, then enter the number of Fireplaces, Woodstoves, or Chimneys on the Property on the blank line after the words “How Many.” If the any of these items are on the Property but do not work, then mark the box labeled “No” after the words “Are They In Working Condition?” If such items are present on the Property and function safely and adequately then place a mark in the box labeled “Yes.” If you either do not know whether such items are present, or this simply does not apply then choose either the third choice (“Unknown”) or the last check box “N/A” If there are “Other Comments” that should be made on this subject, then place them on the blank line labeled “Other Comments.”

7 – Give A Background Report On The Property

In eighteenth article, “XVIII. Zoning Violations,” we will need to either verify this Property is not subject to any Zoning Violations (i.e. Nonconforming Uses, Building Restrictions, etc.) by marking the “No” box in the first statement, state that such violations exist by marking the “Yes” check box, indicate that you do not know by marking the third check box, or report that that none of these choices apply by marking the last check box. Additional Comments may be presented on the blank space labeled “Other Comments” as required.Locate “XIX Improvements.” If neither you nor a contractor has made any improvements to this Property during Ownership, then mark the first box in the statement provided. If so, then select the second check box (“Yes”). Otherwise, you may indicate that you either do not know or such a question does not apply by filling in the check box labeled “Unknown” or “N/A.” “Other Comments” may be documented using the blank line in the next statement. If this Property is known to be safely outside any Flood Zones, then fill in the first check box in Article “XX. Flood Zone.” If this Property is in a Flood Zone, then mark the second check box. You can also fill in the “Unknown” check box if you do not know or fill in the “N/A” check box if the Property is located in an area where no Floods have ever occurred (i.e. a desert).  An additional blank line has been placed after “Other Comments” should there be any additional information that should be delivered. Article “XXI. Restrictions” will give you an opportunity to divulge any Property Restrictions currently imposed. If there are none, you may check the box labeled “No.” If there are any Property Restrictions in place, then you must select the “Yes” check box by filling it in. Two additional check boxes “Unknown” and “N/A” have been presented in case you either do not have this information or this topic does not apply to this question. This article will also contain a blank line attached to the statement “Other Comments” in case any additional information should be delivered through this paperwork regarding Property Restrictions. The topic of Mineral Rights will be handled in the twenty-second article. Locate the statement “Are There Any Mineral Rights On The Property” then mark one of the check boxes (labeled “No, Yes, Unknown, and N/A) to provide the appropriate response. You may only fill in one of these check boxes in response to the statement.  If you do not “…Own The Mineral Rights” to the Property, then mark the first check box in the next statement. If you do, then fill in the check box labeled “Yes.” Two additional check box choices “Unknown” and “N/A” have also been presented in case one of these are more appropriate responses to this topic. Additional Comments may be presented when required on the blank space labeled “Other Comments.”

Article “XXIII Murder/Suicide” will require an honest answer to the question of whether you are aware of a Murder or Suicide occurring anywhere “…Within The Boundaries Of The Property.” If you are reasonably sure no such occurrence is part of the Property’s history then, fill in the first check box (labeled “No”). If you are aware of either of these events occurring within the Property lines defining this Property, you must mark the second check box “Yes.” If you are not privy to the history of the Property in this regard, then fill in the box labeled “Unknown.” Finally, if this does not apply select “N/A.” You may only choose one of these check boxes. Additional information may be recorded on the blank line after the words “Other Comments.” The next topic will be handled in Article “XXIV Illegal Drug Or Criminal Activity.” If the Property neither has a current Crime problem nor is it a part of the Property’s History, then mark the first check box in this article. If the Property does or has had a Crime problem, then mark the “Yes” check box. You may also mark the third check box if this is “Unknown” or the fourth if it does not apply to this Property. You may document additional information on the blank line corresponding to the words “Other Comments.”  The twenty fifth article will handle the issue of “Material Defects.” If the Property does not suffer any Material Defects (i.e. cracked foundation) or possess Latent Defects (i.e. the use of any substandard construction materials) then choose the “No” box by filling in the corresponding check box. If there are such defects present, then mark the “Yes” box. If you cannot say one way or the other because of a lack of information, then mark the third check box. If none of these apply, then select the box labeled “N/A.” If additional information should be provided, then utilize the blank line after “Other Comments” to supply it. Now in the twenty sixth article (titled “XXVI. Structural Systems”) define whether you know of any Structural Defects to the Property (including outside sidewalks, driveways, etc.). If you can verify this Property does not suffer Structural Defects, then mark the box labeled “No” in this article. If you are aware of any such Defects to the Property’s Structural Systems, then you must fill in the “Yes” box. Otherwise, you may fill in either “Unknown” or “N/A.” You may present additional information or comments on this topic using the blank line after the words “Other Comments.” If there are any other Disclosures that should be made through this document that have not been covered in the previous sections, then you should use the blank lines in “XXII Additional Disclosures” as a place to provide such documentation.

8 – This Disclosure Should Be Executed By Signature

The Buyer, Seller, and Agent will all have to participate in the execution of this document once all the information has been supplied and all the attachments are present. We will begin with the Buyer.

Locate the area populated by the blank lines labeled “Buyer’s Signature,” “Date,” and “Print Name.” Each Buyer will use one such area to sign his or her Name, Print his or her Name, and document the Calendar Date when he or she signed this paperwork. Enough space has been included for two Buyers to provide such items however, if there are more, use the editing program you are working with to add as many Buyer Signature areas you require. Each Seller must locate the area with the blank spaces labeled as “Seller’s Signature,” “Date,” and “Print Name.” Enough room has been presented so that two Sellers may Sign and Print his or her Name and report the Signature Date. Every Seller involved must provide these items. Thus, if there are more two Sellers, add an additional Signature area for each Seller. Finally, ever Agent involved must find the blank spaces labeled “Agent’s Signature,” “Date,” and “Print Name,” to provide his or her Signature, Printed Name, and Signature Date. If there are more than two Agents make sure add an additional section for each one to sign.


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