casemark/seller-disclosure

Seller Disclosure Statement

Draft a legally compliant residential Seller Disclosure Statement that satisfies state and federal requirements while protecting sellers from post-closing liability.

Prerequisites

1. Property identification — legal description, APN, full address, county
2. Seller information — full legal names of all title holders
3. State jurisdiction — determines statutory requirements, format, and delivery timeframes
4. Available documents — inspection reports, repair invoices, HOA docs, surveys, environmental reports, prior disclosures
5. Property age — if pre-1978, federal lead-based paint disclosure is mandatory (42 U.S.C. § 4852d)

Output Structure

1) Document Header

• All sellers' full legal names (as on title)
• Complete property identification (address, APN, legal description)
• Governing state disclosure statute citation
• Seller knowledge-and-belief attestation
• Buyer notice: disclosure is not a warranty; independent inspections recommended

2) Document Extraction

Search uploaded documents for required data:

| Data Point | Sources | |---|---| | Seller names | Deed, title report | | Property ID (APN, legal) | Tax records, title report | | Known defects & repairs | Inspection reports, invoices, correspondence | | Environmental conditions | Environmental reports, FEMA maps, radon tests | | HOA details | CC&Rs, HOA statements, assessment notices | | Permits & code compliance | Building permits, certificates of occupancy | | Easements & encumbrances | Title report, survey |

3) Structural & Systems Disclosures

For each system, disclose: condition, age, known defects, repair history (contractor + date + warranty), materials of concern.

| System | Key Disclosure Points | |---|---| | Foundation | Cracks, settlement, water intrusion, past repairs + warranties | | Roof | Age, composition, leak history, warranty status | | Plumbing | Pipe materials (flag polybutylene/galvanized), leaks, sewer vs. septic | | Electrical | Panel amperage, aluminum wiring, GFCI presence, code violations | | HVAC | Equipment age, fuel type, maintenance history, deficiencies | | Water heater | Age, capacity, fuel type, condition |

Cite specific inspection reports or invoices by name and date.

4) Environmental & Federal Disclosures

Lead-based paint (pre-1978 — mandatory):

• Disclose known/unknown presence of lead-based paint or hazards
• Note buyer receives EPA pamphlet "Protect Your Family from Lead in Your Home"
• Include 10-day inspection right (unless negotiated otherwise)

Additional environmental items:

| Hazard | Disclosure Requirements | |---|---| | Asbestos | Location, testing/abatement history | | Radon | Test results or "no testing conducted" statement | | Flooding | Event history (date, source, damage, claims, remediation); FEMA SFHA status | | Underground tanks | Status (in use/abandoned/removed); soil contamination; remediation | | Mold/moisture | Locations, water damage history, remediation | | Hazardous waste | Federal/state database listings, former industrial use | | Natural hazards | Fault zones, seismic areas, wildfire zones (per state requirements) |

5) Legal Encumbrances & Title

• Easements — purpose, location, practical impact
• Boundary disputes — nature, parties, resolution status
• HOA — name, contact, assessments, special assessments, pending litigation, violations
• Zoning — classification, non-conforming uses/structures
• Permits — pulled permits, final inspection status; flag unpermitted work explicitly
• Code violations — notices, compliance orders, current status
• Use restrictions — rental, age, occupancy limitations from CC&Rs or local ordinances

6) Neighborhood & Area Conditions

Disclose material facts affecting value or desirability:

• Noise sources (airports, highways, railroads, commercial/industrial)
• Proximity to waste facilities, agricultural operations
• Planned public improvements and upcoming special assessments
• Deaths on property — check state statute (requirements vary by jurisdiction)
• Any other fact a reasonable buyer would consider material

7) Certification & Execution

Seller certification:

• Truth and correctness attestation (under penalty of perjury)
• Duty to amend if new material facts arise before closing
• Disclosure is not a warranty and does not substitute for buyer inspections

Signature block:

• Signature line for every owner (printed name + date)
• Separate buyer acknowledgment section (receipt + right to inspect)

Delivery: State the statutory deadline (typically 3–10 days around contract execution). Note buyer rescission rights for late delivery.

Final Review Checklist

• [ ] Every section completed — no blanks (use "N/A" with seller initials for inapplicable items)
• [ ] Referenced documents attached as numbered exhibits with table of contents
• [ ] Page numbers + footer (property address + disclosure date) on every page
• [ ] State-specific mandatory disclosures verified against statutory checklist
• [ ] Language is factual and objective — not promotional or minimizing
• [ ] Lead-based paint disclosure included if pre-1978
• [ ] Federal, state, and local requirements all addressed

Guidelines

• Identify the governing statute first — disclosure requirements, format, delivery timing, and rescission rights differ materially across states
• "Unknown" is valid — clearly distinguish "not present," "unknown," and "not inspected"; never fabricate conditions
• Over-disclose — undisclosed material defects create post-closing liability; disclosed items rarely do
• Never advise concealment — disclosure obligations are non-negotiable; ethics rules and statutes prohibit material omission
• Ongoing duty — remind sellers that amendments are required if conditions change before closing
• Verify all statutory citations against current state law [VERIFY]