A seller’s property disclosure statement is the document a home seller uses to tell a buyer, in writing and before closing, what they know about the property’s condition and history. Below the download links you’ll find a clear breakdown of what you typically have to disclose, how requirements differ from state to state, the common mistakes that lead to lawsuits, and a detailed FAQ.
Property Disclosure generator — fill it in online
Use the buttons below to download a free, editable template in PDF or Word, then read the guide underneath to fill it out correctly for your situation.
What is a seller’s property disclosure statement?
A seller’s property disclosure statement is a standardized form in which the owner of a home reports known problems and material facts about the property to a prospective buyer. It usually covers structural elements, major systems, water and pest issues, and any defects the seller is aware of. The form is meant to give the buyer an honest picture of what they are purchasing so they can inspect further, negotiate, or walk away. It is a statement of the seller’s actual knowledge, not a warranty or a guarantee that nothing is wrong with the home.
Why disclosure matters
For the seller, disclosure is the single best protection against future liability. When you put known issues in writing, a buyer cannot later claim you hid them, which dramatically reduces your exposure to lawsuits for fraud or misrepresentation after closing. For the buyer, the statement is a key source of information that supports an informed decision: it flags areas to inspect more closely, helps with pricing and negotiation, and reveals problems that a routine walkthrough would never catch. Honest, complete disclosure protects both sides and keeps the transaction defensible.
What sellers typically must disclose
- Known structural or material defects in the home, including anything currently broken or in need of repair.
- Water intrusion, drainage problems, flooding history, or moisture and mold issues.
- The condition and age of the roof, including past leaks or repairs.
- Foundation, slab, or settling problems and any related cracking.
- Termite, rodent, or other pest infestations and prior treatment history.
- Lead-based paint and related hazards for homes built before 1978 (a federal requirement).
- Environmental hazards such as asbestos, radon, underground tanks, or contaminated soil.
- Boundary disputes, easements, encroachments, or unpermitted additions affecting the property.
Federal requirement: lead-based paint
One disclosure rule applies in every state. Under federal law, sellers (and landlords) of most housing built before 1978 must disclose the known presence of lead-based paint and lead-based paint hazards, provide any relevant records or reports they have, and give buyers the EPA pamphlet on protecting families from lead. Buyers must also be offered a 10-day period to conduct a lead inspection or risk assessment. This requirement exists regardless of your state’s own disclosure laws, so include lead-based paint disclosure whenever the home predates 1978.
Disclosure vs caveat emptor states
States fall into roughly two camps. Most require sellers to complete a detailed statutory disclosure form that walks through the property’s systems and known defects item by item. A smaller number follow the older “caveat emptor” rule, or “buyer beware,” which puts more responsibility on the buyer to investigate. Even in buyer-beware states, however, the protection for sellers is limited: a seller still cannot actively lie about a known defect, conceal it, or answer a direct question dishonestly. Fraud, misrepresentation, and intentional concealment remain actionable everywhere. The practical takeaway is that honest disclosure is the safe path no matter which category your state falls into.
State-by-state differences
The table below summarizes how the 12 states covered by this template approach seller disclosure. Disclosure laws and forms change, so always confirm the current requirements and exemptions before you rely on them.
| State | Statutory disclosure form? | Notable specifics |
|---|---|---|
| Arizona | Commonly used (industry standard) | Sellers routinely use a standardized disclosure form (often the SPDS); verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| California | Yes | Robust statutory disclosure regime built around the Transfer Disclosure Statement (TDS), plus additional natural-hazard and other required disclosures. |
| Delaware | Yes | Statutory disclosure form commonly required; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| Florida | Yes (case law based) | Sellers must disclose known facts that materially affect value and are not readily observable; confirm the current standard form practice locally. |
| Georgia | Commonly used (industry standard) | A seller’s disclosure form is widely used in practice; verify current requirements and exemptions with a local real estate attorney or your state real estate commission. |
| Illinois | Yes | Statutory residential real property disclosure report commonly required; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| Michigan | Yes | Statutory seller’s disclosure statement commonly required for residential sales; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| New York | Yes | Historically a seller could give the buyer a credit in lieu of disclosure; this changed recently, so verify the current NY rule before relying on a credit option. |
| North Carolina | Yes | Statutory residential property disclosure statement commonly required; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| Ohio | Yes | Statutory residential property disclosure form commonly required; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| Pennsylvania | Yes | Statutory seller’s property disclosure statement commonly required; verify the current form and exemptions with a local real estate attorney or your state real estate commission. |
| Texas | Yes | Sellers of residential property must provide a Seller’s Disclosure Notice covering the property’s condition, with certain statutory exemptions. |
Common mistakes
- Omitting a known defect because you assume the buyer’s inspector will find it anyway.
- Giving vague or evasive answers like “unknown” on items you actually know about.
- Failing to update the disclosure after a new problem appears between signing and closing.
- Assuming an “as-is” sale removes your duty to disclose known defects, which it usually does not.
- Guessing on technical details instead of saying you don’t know and letting the buyer inspect.
How to fill it out
- Gather your records first: inspection reports, repair invoices, permits, warranties, and any insurance claims related to the property.
- Read each question carefully and answer based only on your actual knowledge of the home’s current and past condition.
- Disclose every known defect plainly; when in doubt, err on the side of including more information rather than less.
- If you genuinely do not know an answer, mark it “unknown” honestly rather than guessing or leaving it blank.
- Sign and date the form, give it to the buyer at the required time, and update it in writing if anything changes before closing.
Frequently asked questions
Is a property disclosure statement legally required?
In most states, yes, sellers of residential property must provide a written disclosure form. A few states follow “buyer beware,” but even there you cannot conceal or lie about known defects. Check your state’s specific rule.
What if I genuinely don’t know the answer to something?
Mark the item “unknown” honestly. The form asks for your actual knowledge, so an honest “I don’t know” is acceptable, while guessing or hiding information can create liability if it turns out to be wrong.
Does selling “as-is” waive the disclosure requirement?
Usually not. An “as-is” sale means the buyer accepts the property’s condition without seller repairs, but in most states it does not eliminate your legal duty to disclose known material defects.
Can a buyer sue me for non-disclosure?
Yes. If you knew about a material defect and failed to disclose it, or actively concealed it, a buyer who later discovers the problem may be able to sue for damages, rescission, or fraud, depending on your state’s law.
Do I have to disclose lead-based paint?
If the home was built before 1978, federal law requires you to disclose any known lead-based paint and hazards, share related records, and give the buyer an EPA pamphlet and a 10-day window to inspect. This applies in every state.
Does a disclosure apply to new construction?
Newly built homes are often handled differently and may rely on builder warranties rather than a traditional seller’s disclosure. Requirements vary, so confirm what applies to new construction in your state.
Download your free template
Download the free seller’s property disclosure statement template in your preferred format and customize it for your sale. Remember to check your state’s current form requirements before you submit it to a buyer.
Disclaimer
This template and the information on this page are for general informational purposes only and are not legal advice. Laws vary by state. Consult a licensed attorney for your situation.