Seller Disclosures - Real Estate Sale Contracts

Each state has statutory requirements regarding real estate disclosures in residential home sales. Seller disclosures are intended to provide the buyer information about conditions that may impair the value of the home.

In addition to disclosures within the executory contract, the seller must provide a separate seller's disclosure. A seller's real estate disclosure is referred to as a property disclosure, seller's statement of condition, property statement or other name depending on the state. The seller's disclosure should be provided to the buyer prior to or at the signing of the sales contract.

The following is an example of the type of information contained in a seller's disclosure.

NOTE: THIS IS NOT A COMPLETE SELLER'S DISCLOSURE
THE FOLLOWING IS NOT SUFFICIENT TO COMPLY WITH STATUTORY REQUIREMENTS

A. MAJOR APPLIANCES AND SYSTEMS

Are the following items in working order?

Yes

No

NA

 

 

Yes

No

NA

 

____

____

____

Oven and Range

 

____

____

____

Ceiling Fans

____

____

____

Range Hood

 

____

____

____

Attic Fan

____

____

____

Gas Grill

 

____

____

____

Bathroom Vent/Fans

____

____

____

Refrigerator

 

____

____

____

Smoke Detectors

____

____

____

Freezer

 

____

____

____

Security Systems (if owned)

____

____

____

Dishwasher

 

____

____

____

Intercom

____

____

____

Disposal

 

____

____

____

Solar Systems

____

____

____

Microwave Oven

 

____

____

____

Garage Door Opener(s)

____

____

____

Trash Compactor

 

____

____

____

Garage Door Remote(s)

____

____

____

Clothes Washer

 

____

____

____

Sprinkler System

____

____

____

Clothes Dryer

 

____

____

____

Invisible Fence & Collars

____

____

____

Water Softener (if owned)

 

____

____

____

Attached Antenna/Rotor

____

____

____

Water Heater

 

____

____

____

Satellite Dish (if owned)

____

____

____

Water Purifier

 

____

____

____

Data Communication Line

____

____

____

Sump Pump

 

____

____

____

Landscape Lighting

____

____

____

Toilets

 

____

____

____

Central Air Conditioner

____

____

____

Bathtubs/Showers/Basins

 

____

____

____

Window Air Conditioners

____

____

____

Hot Tub/Spa/Sauna

 

____

____

____

Plumbing System

____

____

____

Pool & Related Equipment

 

____

____

____

Sewer System

____

____

____

Central Vacuum

 

____

____

____

Heating/Cooling System

____

____

____

Central Humidifier

 

____

____

____

Electrical System & Wiring

____

____

____

Electric Air Filter

 

____

____

____

Windows/Skylights

Yes

No

NK

B. LAND, DRAINAGE & MOISTURE

____

____

____

  1. Are their any soil stability issues on the property or in the neighborhood, including but not limited to sliding, settling, earth movement, upheaval or methane gas release?

____

____

____

  1. Is there any fill soil or fill material on the property?

____

____

____

  1. Has the property ever had a flooding, drainage or grading problem?

____

____

____

  1. Is there standing water on the property more than 48 hours after a heavy rain?

____

____

____

  1. Has any part of the property been determined to be a wetland?

____

____

____

  1. Is the property in a flood plain zone?

____

____

____

  1. Do you currently carry flood insurance on the property?

____

____

____

  1. Are there or have there been any mold related problems within the structures?

____

____

____

  1. Have the structures ever been inspected for any type of mold?

____

____

____

  1. Has there been any water intrusion, moisture buildup or leaking pipes or appliances within the structures?

____

____

____

  1. Have you ever made repairs for any water intrusion, moisture related damage, mold or mold related problems?

Yes

No

NK

C. STRUCTURES

____

____

____

  1. Has there been any movement, shifting or cracks in the basement, foundations or slabs?

____

____

____

  1. Are there any other defects or problems with the basement, foundations or slabs?

____

____

____

  1. Are there any defects or problems with any driveways, walkways, patios, retaining walls, decks or porches?

____

____

____

  1. Are there any defects or problems with any steps, stairways or railings?

____

____

____

  1. Has there been any movement, shifting, or cracks in the walls, ceilings or floors?

____

____

____

  1. Are there any other defects or problems with the walls, ceilings or floors?

____

____

____

  1. Does any brickwork need tuckpointing or does any exterior surface other than the roof need repair?

____

____

____

  1. Have you made any additions or structural changes?

____

____

____

  1. If so, were there any omissions or oversights in obtaining permits and complying with building codes when making the additions or structural changes?

____

____

____

  1. Has there been any property damage resulting from fire, wind, lightning, hail, flood or landslide?

____

____

 
  1. If so, is the property in need of repair because of such damage?

 
  1. Insulation is present in: (_____)Ceiling/Attic  (_____)Exterior Walls  (_____)Other

 
  1. Type of insulation present: ____________________

 
  1. What is the approximate age of the structures on the property?

 
    1. Main structure: _________

 
    1. Other structures: _________

Yes

No

NK

D. TERMITES, PESTS, DRY ROT

____

____

____

  1. Has the property ever been infested and/or damaged by termites or other wood-destroying insects, organisms, dry rot, rodents or pests?

____

____

____

  1. Does any infestation need to be removed, and/or is the property in need of repair     because of such infestation?

____

____

____

  1. Is the property currently under contract with a professional pest control company?

____

____

____

  1. Is there any transferable warranty with a professional pest control company?

Yes

No

NK

F. ELECTRICAL

____

____

____

  1. Are there any defects or problems with the electrical system?

 
  1. Is the system served by: (______)Fuses, (______)Circuit Breakers?

____

____

____

  1. Do fuses or circuit breakers trip when two or more appliances are used simultaneously?

____

____

____

  1. Are there any wall switches, light fixtures or electrical outlets in need of repair?

 
  1. What is the amperage? ______

 
  1. Source of electrical power: (______)Public, (______)Private

 
  1. Indicate if available: (______)220 Volt Service, (______)Telephone Service, (______)Television Cable Service

Yes

No

NK

G. PLUMBING & SEWER

____

____

____

  1. Are there any leaks, backups or other problems relating to the plumbing, water or sewage systems?

____

____

____

  1. Are there any problems with the water quality, quantity or pressure?

 
  1. Is the source of water: (______)Public, (______)Private, (______)Well, (______)Other?

 
  1. If source is a well, when was the water last tested, and the results? (Report below)

 
  1. Is the sewage system: (______)Public, (______)Private, (______)Cesspool or Septic?

 
  1. If system is cesspool or septic: Type: ______; Age: ______

____

____

____

  1. Has a perk test ever been done? (If so, report results below)

 
  1. Is the gas service: (______)Natural, (______)Propane, (______)Butane?

 
  1. Is gas service: (______)Piped, (______)Tank?

 
  1. Water heater type: (______)Gas, (______)Electric

 
  1. Age of water heater: ______

____

____

____

  1. Are there any defects or problems with the water heater?

Yes

No

NK

H. HEATING, COOLING, FIREPLACE

 
  1. Type of heating system: (______)Forced Air, (______)Radiator, (______)Baseboard, (______)Heat Pump, (______)Other

 
  1. Source of fuel for heating system: (______)Natural Gas, (______)Propane Gas, (______)Oil, (______)Electric, (______)Other

 
  1. What is the age of the heating system? __________

____

____

____

  1. Are there any defects or problems with the heating system?

 
  1. Type of air conditioning system: (______)Central, (______)Window, (______)Heat Pump

 

 
  1. Source of energy for air conditioning system: (______)Natural Gas, (______)Propane Gas, (______)Electric, (______)Other

 
  1. What is the age of the air conditioning system? ______

____

____

____

  1. Are there any defects or problems with the air conditioning system?

 
  1. Indicate if  the residence has a:  (______)Fireplace, (______)Gas Starter in Fireplace, (______)Woodburning Stove

____

____

____

  1. Are there any defects or problems with the fireplace, gas starter or woodburning stove?

____

____

____

  1. Are there any defects or problems with the flues or chimneys?

Yes

No

NK

I. ENVIRONMENTAL HAZARDS

____

____

____

  1. Were any structures on the property built before 1978? (If so, Seller must complete and provide a “Disclosure on Lead-Based Paint and Lead-Based Paint Hazard Addendum” to Buyer.)

____

____

____

  1. Are there or have there been any hazardous substances on the property or its structures  such as, but not limited to: asbestos, urea-formaldehyde, radon gas (in house or well), lead hazards, contaminated soil or water, fuel or chemical storage tanks, electromagnetic fields or mold?

____

____

____

  1. Has methamphetamine production taken place on the property?

____

____

____

  1. If methamphetamine production has occurred on the property, is any further removal and remediation needed?