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florida sellers disclosure 2020

A Look at Florida Realtors Forms and Their Descriptions

Commercial Forms

Commercial Contract (CC-5)

This form may be used for the sale and purchase of commercial property. This form is not designed for complex transactions or the sale of businesses without land.

Commercial Contract: Optional Clauses (OC-5)

This form contains additional clauses that a seller and buyer may want to add to the Commercial Contract.

Confidentiality and Non-Disclosure Agreement (CNA-1)

This form may be used by a listing broker when the listing broker wants the prospect and the prospect’s broker (if there is one) to keep confidential the information provided by the listing broker.

Designated Sales Associate (DS-5)

This form may be used in transactions, other than residential sales, where both seller and buyer have assets of one million dollars or more and want the broker to designate different salespersons to represent each of them as single agents.

Exclusive Right of Sale Listing Agreement for Commercial Property (ERS-7cp)

This form is a listing agreement for commercial property in which the seller grants to the listing broker the sole right to sell the property.

Exclusive Right to Lease – Commercial (ERLC-1)

This form is a listing agreement for commercial property in which the seller grants to the listing broker the sole right to lease the property.

Exclusive Tenant Brokerage Agreement – Commercial (ETBC-1)

This form may be used when a broker wishes to act as a tenant’s agent and be paid commission by the tenant. It establishes an exclusive representation of a tenant and provides for a retainer fee.

Vacant Land Contract (VAC-12)

This form may be used for the sale and purchase of vacant land.

Escrow Forms

Escrow Deposit Receipt Verification (EDRV-1)

When an attorney or title company holds a deposit pursuant to a sale and purchase contract, this form may be used by the broker, who prepared or presented the offer, to comply with FREC rule 61J2- 14.008(2)(b), F.A.C.

Monthly Reconciliation Statement Real Estate Trust Account (MSR-5)

This form may be used for the required monthly reconciliations of the broker’s trust accounts.

Monthly Reconciliation Statement Real Estate Trust Account Addendum (MSRA-1)

This form is an addendum to MSR-5. It may be used to report outstanding checks and deposits not credited in paragraph 2 of the MSR-5 and to report an itemized list of trust liability in paragraph 3 of the MSR-5.

Notice of Escrow Dispute/Good Faith Doubt (NED-6)

This form may be used by a broker to notify the FREC that the broker has either received conflicting demands for a deposit held in his/her escrow account or has good faith doubt as to which party is entitled to funds held in his/her escrow account.

Florida Realtors Residential Contract and Addenda

Contract for Residential Sale and Purchase (CRSP-15)

This form may be used for residential sale and purchase transactions and provides for arbitration of disputes.

Contract for Residential Sale and Purchase Addenda (CRSP-15)

29 additional addendums that a seller and buyer may want to add to the Contract for Residential Sale and Purchase.

Florida Realtors/Florida Bar Residential Contract and Addenda

Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-5x)

This form may be used for residential sale and purchase transactions.

“AS IS” Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-ASIS-5x)

This is an “as is” contract form. This form may be used when the seller does not want to be obligated to make repairs and the buyer wants the right to cancel the contract if the buyer is not satisfied with the home inspection.

Comprehensive Rider to the FloridaRealtors/FloridaBar Contract for Sale and Purchase (CR-5x)

This form contains additional clauses that a seller and buyer may want to add to the Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-5) or “AS IS” Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-ASIS-5).

Miscellaneous Contract Addenda

Addendum to FloridaRealtors/FloridaBar Contract for Sale and Purchase (ACSP-4)

This form may be used with either the Florida Realtors or the FloridaRealtors/FloridaBar residential sale and purchase contract forms when additional terms need to be added.

Auction Addendum (AA-1)

This form may be used where residential property is being sold using the auction method. It establishes a Buyer Premium, has no financing contingency, and has check boxes for closing costs and fees. It also contains a provision that deletes the inspection, repair, and walk-through provisions of the contract.

Community Development District Addendum (CDDA-2)

This form may be used when the property is subject to taxes and assessments imposed by a Community Development District that are in addition to other taxes/assessments provided by law. The form contains the name of the District and the amount of taxes and/or assessments due to the District.

Cooperative Addendum (COOP-1)

This form should be attached to the purchase and sale contract when the property being sold is a cooperative. It includes the statutory disclosure language required by F.S. 719.503.

Counter Offer (CO-3)

This form may be used as an addendum to a contract for sale and purchase. This form provides check boxes so that sellers or buyers may specify the terms and conditions of their counter offer.

Extension Addendum (EA-3)

This form is may be used with various contract forms to extend time periods, such as closing date, financing period, inspection period, title cure period, short sale approval deadline, feasibility study period, and due diligence period.

Extension to Exclusive Property Management Agreement (EEPM-1)

This form may be used to extend an existing Exclusive Property Management Agreement and provides optional time frames to extend that agreement.

Miami-Dade County Special Taxing District Addendum (MDSTA-1)

This form can be used with either the CRSP or VAC contracts and allows for the seller of property in Miami-Dade County that is subject to special taxing district(s) to make the required disclosure to buyer.

PACE Addendum (PACE-1)

This form may be used when a non-ad valorem assessment has been levied against the property for a qualifying improvement and has an unpaid balance due.

Septic Program Replacement Addendum (SRPA-1)

This form may be used when the buyer wants to conduct an inquiry into the County Septic System Replacement Program to determine availability, connection, capacity fees, hook-up incentives, and/or repair/replacement credits of the septic system. The Addendum allows the buyer to cancel the contract if any fact regarding the Septic System Replacement Program is unacceptable to the buyer.

Vacant Land Contract Back-Up Contract Addendum (VLCA-1)

This addendum is for use with the Vacant Land Contract in the event the seller would like to accept a back-up contract to an existing primary contract.

Leases and Contract to Lease

Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) Including a Mobile Home, Condominium, or Cooperative (for a term not to exceed one year) (RLAUCC-1x)

This lease form, approved by the Florida Supreme Court for completion by non-lawyers, may be used for renting units in multi-family housing, mobile homes, condominiums, and cooperatives. Do not use this form for commercial, agricultural, or other types of residential property.

Residential Lease for Single-Family Home or Duplex (for a term not to exceed one year) (RLHD-3x)

This lease form, approved by the Florida Supreme Court for completion by non-lawyers, may be used for renting a single-family home or duplex. Do not use this form for commercial, agricultural, or other types of residential property.

Contract to Lease (CL-6)

This contract sets forth the terms and conditions that a prospective landlord and tenant agree to include in a lease that will be signed and delivered in the future.

Listing Agreements, Brokerage Disclosures, and Commission Forms

Brokerage Relationship Disclosure – single agent (BRD-6sa)

This form may be used to establish a single agent relationship with either the seller or buyer.

Brokerage Relationship Disclosure – transition from single agent to transaction broker (BRD-7tnx)

This form may be used where the agent is acting as single agent but obtains consent from the seller or buyer to transition to a transaction broker in the event the brokerage represents the other party in the transaction as a transaction broker as well.

Commission Agreement (CA-7)

This form may be used with a seller/landlord who does not list his/her property but agrees to pay commission to the named broker if the buyer/tenant named on the agreement purchases or leases the property. It contains the commercial lien act disclosure in the event the agreement is used for commercial property.

Exclusive Brokerage Listing Agreement (EBLA-9)

This is a listing agreement in which the seller authorizes the listing broker to sell the property and to offer cooperation to other agents but reserves the right to sell the property herself/himself.

Exclusive Buyer Brokerage Agreement – single agency (EBBA-6sa)

This form may be used when a broker wishes to act as a buyer’s agent and be paid commission by the buyer. It establishes an exclusive, single agency representation with a buyer and provides for a retainer fee.

Exclusive Buyer Brokerage Agreement – transaction agency (EBBA-6tb)

This form may be used when a broker wishes to act as a buyer’s agent and be paid commission by the buyer. It establishes an exclusive, transaction agency representation with a buyer and provides for a retainer fee.

Exclusive Buyer Brokerage Agreement – no brokerage relationship (EBBA-6nr)

This form may be used when a broker wishes to act as a buyer’s agent and be paid commission by the buyer. It establishes an exclusive, no brokerage agency representation with a buyer and provides for a retainer fee.

Exclusive Buyer Brokerage Agreement – transition from single agency to transaction agency (EBBA-6tn)

This form may be used when a broker wishes to act as a buyer’s agent and be paid commission by the buyer. It establishes an exclusive, single agency representation with a buyer and provides for a retainer fee, with a right to transition into transaction agency.

Exclusive Right of Sale Listing Agreement – no brokerage relationship (ERS-14nr)

This form is a listing agreement in which the seller grants to the listing broker the sole right to sell the property and establishes the broker has no brokerage agency relationship with the seller.

Exclusive Right of Sale Listing Agreement – single agency (ERS-16sa)

This form is a listing agreement in which the seller grants to the listing broker the sole right to sell the property and establishes the broker is acting as a single agent for the seller.

Exclusive Right of Sale Listing Agreement – transaction agency (ERS-17tb)

This form is a listing agreement in which the seller grants to the listing broker the sole right to sell the property and establishes the broker is acting as a transaction agent for the seller.

Exclusive Right of Sale Listing Agreement – transition from single agent to transaction agency (ERS-17tn)

This form is a listing agreement in which the seller grants to the listing broker the sole right to sell the property and establishes the broker is acting as a single agent for the seller and includes the consent to transition to transaction agency.

Exclusive Right to Lease Agreement (ERL-10)

This form is a listing agreement in which the seller gives the listing broker the sole right to lease a particular property.

Limited Service Listing Agreement (LSLA-3)

This form is a listing agreement in which the seller gives the listing broker the right to put the property in the MLS and to offer compensation to cooperating brokers.

Modification to Listing Agreement (MLA-5x)

This form is for use with any Florida Realtors listing agreement or Florida Realtors Exclusive Right to Lease Agreement. It can be used to extend the listing or terminate the listing before the termination date.

No Brokerage Relationship Disclosure (BRD-3nbr)

This form may be used to establish the licensee has no brokerage relationship with the seller or buyer.

Referral Agreement (RA-3)

This is an agreement that may be used between brokers, where one broker agrees to pay a fee to the other for a referral. In order for the referring broker to receive the fee, the prospect must enter into a real estate contract and a real estate brokerage fee must have been paid.

Short Sale Addendum to Exclusive Right of Sale Listing Agreement (ERSA-1)

This form should be used in conjunction with the Exclusive Right of Sale Listing Agreement when the seller is in default of loan or lien obligations and the net sale proceeds after payment of customary closings costs are insufficient to pay outstanding mortgage or other liens in full at closing. The purpose of the form is to advise seller of her/his obligations in the short sale.

Showing Agreement (SA-3x)

This form may be used to create a buyer’s commission agreement based on a one-time showing of property.

Vacant Land Listing Agreement (VLLA-3)

This form is a listing agreement in which the seller grants to the listing broker the sole right to sell vacant land.

MARS Forms

MARS Consumer Specific Commercial Communication Disclosure (MARS-CSCCD-1)

This form is not required. If you use this form, it should be used at a listing presentation before any negotiations for a short sale listing agreement take place. For guidance on filling out the form and where and how to use the disclosure in other forms of communication, please see “Instructions for Consumer Specific Commercial Communication” on Florida Realtors’ MARS Info Center.

MARS Short Sale Agreement Disclosure (MARS-SSAD-1)

This form is not required. If you use this form, it should be attached to the short sale lender’s offer before the offer is presented to the seller. For guidance on filling out the form or creating your own form, please see “Instructions for Short Sale Agreement Disclosure” on Florida Realtors’ MARS Info Center.

Disclosures

Buyer’s Disclosure Statement (BDS-1x)

This form is designed to assist the seller in evaluating the buyer’s ability to purchase the property.

Complying with the Lead-Based Paint Law: Licensee Notice to Seller/Landlord (LBPL-1x)

This form contains a description of the duties of sellers and landlords under the federal Lead-Based Paint Law and regulations.

Flood Insurance Notice (FIN-2)

This form contains a disclosure statement about flood insurance rate increases and a recommendation to the buyer to obtain flood insurance rate information.

Home Inspection Disclosure (HID-2)

This form contains a recommendation to the buyer to obtain a survey, appraisal, and a home inspection. It also details the scope of the home inspection and contains a release of liability if buyer elects not to perform a home inspection.

Lead-Based Paint Warning Statement for Rental Housing (LBPR-2)

This form contains the federally mandated language for leases of property built before 1978. There are some circumstances where this form is not required to be given.

Seller’s Property Disclosure – Condominium (SPDC-1)

This form allows the seller of a condominium to disclose facts relating to the condition of the condominium property and to disclose defects or facts that materially affect the value of the property which are not readily observable by or known to the buyer. It also allows the seller to disclose known facts regarding alterations to the common elements, condominium fees, and other issues related to the condominium.

Though this disclosure is not required to be given in writing, this form aids the seller in disclosing latent facts that materially affect the value of the property. It should be used instead of the Seller’s Property Disclosure – Residential form.

Seller’s Property Disclosure – Residential (SPDR-3)

This form may be used by the seller to disclose facts relating to the condition of the property and to disclose defects or facts that materially affect the value of the property but which are not readily observable by or known to the buyer. Though this disclosure is not required to be given in writing, this form aids the seller in disclosing latent facts that materially affect the value of the property.

Seller’s Property Disclosure Update (SPDU-1)

This form may be used with either the SPDR or the SPDC in the event sellers need to update either of the respective property disclosure forms they have previously completed.

Sexual Offender Disclosure (SOD-2)

This form may be used to provide information to a buyer regarding FDLE’s sexual offender website and phone number.

Sinkhole Disclosure (SD-1)

This form contains the disclosure required by law regarding whether the seller has knowledge of sinkhole problems or related insurance claims.

Vacant Land Disclosure Statement (VLDS-1)

This form allows the seller to disclose facts relating to the vacant land and to disclose defects or facts that materially affect the value of the property which are not readily observable by or known to the buyer. It should be used instead of the Seller’s Property Disclosure – Residential form.

Office Management Forms

FREC Audit Checklist (FAC-1)

This is a list of items a FREC investigator seeks in an office audit.

Independent Contractor Agreement between Broker and Associate (ICA-6)

This form may be used to define the rights and obligations between a broker and a sales/broker associate.

Transaction Record (TR-1)

Input pertinent data and contact information on this optional form.

Property Management Forms

Exclusive Property Management Agreement (EPM-6)

This is a form in which a property owner authorizes a real estate licensee to manage the owner’s property. This form should be used in conjunction with the Exclusive Right to Lease Agreement when the property manager wants to be compensated for procuring a tenant.

Notice from Landlord to Tenant – Termination for Failure to Pay Rent (FPR-4)

This is a 3-day notice approved by the Florida Supreme Court for completion by non-lawyers who assist a landlord in demanding payment for late rent.

Notice from Landlord to Tenant – Notice of Noncompliance for Matters other than Failure to Pay Rent (TNC-4x)

This is a 7-day notice to the tenant to remedy a noncompliance with F.S. 83.52, material provisions of the rental agreement, or reasonable rules and regulations. The form was approved by the Florida Supreme Court for use by non-lawyers.

Notice from Tenant to Landlord – Termination for Failure of Landlord to Maintain Premises as Required by Florida Statute 83.51(1) or Material Provisions of the Rental Agreement (TFMP-4)

The Florida Supreme Court approved this form for use by non-lawyers who assist tenants who wish to terminate a lease if the landlord fails, within seven days after the notice is sent, to comply with maintenance requirements of the lease agreement or F.S. 83.51(1).

Notice from Tenant to Landlord – Withholding Rent for Failure of Landlord to Maintain Premises as Required by Florida Statute 83.51(1) or Material Provisions of the Rental Agreement (WFMP-5)

The Florida Supreme Court approved this form for use by non-lawyers assisting tenants who wish to withhold rent from a landlord who fails, within 7 days after notice is sent, to comply with maintenance requirements of the lease agreement or F.S. 83.51(1).

Notice of Intention to Impose Claim on Security Deposit (CSD-5x)

This notice, required by F.S. 83.49(3), informs tenant of landlord’s intention to impose a claim on the tenant’s security deposit.

Notice of Right to Reclaim Abandoned Property (NRAP-3)

This form contains statutory notices to be given when property is abandoned by a tenant. This form contains both the notice to former tenants and the notice to property owners other than former tenants and instructions for delivery.

Miscellaneous

Authorization to Release TILA-RESPA Integrated Disclosures (TRID-1)

This form may be used by agents with either a buyer or seller so that the brokerage can obtain closing disclosures and other settlement statements in relation to the sale of the property that the brokerage is transacting.

Buyer’s Request for Repairs and/or Remedies (BRR-1)

This form may be used by the buyer for requesting repairs in accordance with the seller’s repair limit in a contract. This form is designed to complement the standard Florida Realtors/FloridaBar and CRSP contracts, not the ASIS Florida Realtors/FloridaBar contract.

Buyer’s Walk-Through Inspection/Reinspection (BWTIR-1)

This form may be used by the buyer when conducting the walk-through inspection/reinspection before closing. It should not be used for the home inspection. This form is designed to complement both of the Florida Realtors/FloridaBar contracts and the CRSP contract.

Coastal Construction Control Line Affidavit (CCCLA-2)

This form may be used when the property is partially or totally seaward of the coastal construction control line and the buyer does not waive his/her legal right to receive an affidavit or survey delineating the coastal construction control line.

CRSP Manual

Preparation manual for Contract for Residential Sale and Purchase

DBPR Condominium Q&A sheet

DBPR Cooperative Q&A sheet

DBPR FL Condo Governance Form

Energy Efficiency Brochure

ERS Manual preparation manual

Form Notice and Disclosure (FND-1)

This form is for optional use by agents in the event that the contract form being used in the transaction is one the agent does not use in the regular course of business, i.e. a party’s attorney has drafted it or the form is coming from a REO lender. It provides that the party may want to seek appropriate legal, tax or other professional advice before moving forward in the transaction.

Lead Info Pamphlet

Multiple Offer Disclosure to Seller (MODS-1)

This form may be used to inform the seller(s) of potential options in the event the seller(s) receives more than one offer on the property. This form could be given to the seller(s) at the time the listing is taken or at the time the seller(s) has actually received multiple offers.

Notice of Multiple Offers to Buyers (NMOB-1)

This form may be used in the event the seller(s) in a transaction has received multiple offers on a property and would like the buyer(s) to submit his/her “highest and best” offer by a certain deadline.

Notice to Association (NTA-2)

This form provides notice to the association’s governing body that the licensee is authorized to receive the indicated information on behalf of the property owner/shareholder.

Proposed Terms Sheet (PTS-1)

This form is a worksheet and may be used to record most of the essential information needed to fill in the blanks of a standard, residential contract form.

Receipt of Condominium/Cooperative Documents (RCD-6)

This form may be signed by a buyer to acknowledge that the buyer received the condominium or cooperative documents.

Release and Cancellation of Contract (RC-4)

This form may be used when a seller and buyer agree to cancel a sale contract or when a contingency fails and the contract automatically terminates. This form also releases the buyer, seller, and brokers from further liability.

Wire Fraud Prevention Notice (WFPN-2)

This form may be used to notify sellers and/or buyers about the potential for wire fraud and advises them as to the best practices to avoid becoming a victim.

A Look at Florida Realtors Forms and Their Descriptions Commercial Forms Commercial Contract (CC-5) This form may be used for the sale and purchase of commercial property. This form is

Property Disclosure Statement

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
  • How the Property Disclosure Works
  • Earnest Money
  • Buyer Beware
    • Buyer Beware States
  • (Video) What is a Property Disclosure Statement?
  • How to Write a Property Disclosure Statement

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 Disclosure, Radon Testing Guidelines for Real Estate Transactions, Illinois Disclosure of Information on Radon Hazards 765 ILCS 77/35, 765 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.

(Video) What is a Property Disclosure Statement?

How to Write

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.

Property Disclosure Statement 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