Seller's Property Disclosure Checklist

Pull the legal description from the deed or title commitment, not from the tax record — tax records often abbreviate. Verify parcel number, lot/block, and subdivision exactly as they will appear on the listing input form and the deed at closing.

Match the seller(s) on the listing agreement to the names on title. Common gotchas: a deceased co-owner whose interest was never probated, a divorce where the deed was never updated, or an LLC owner whose authorized signer needs to be confirmed.

Ask the seller directly about variances, accessory dwelling units, finished basements without permits, or short-term rental use. If the property is a legal non-conforming use, note whether the use survives a sale or terminates at transfer — buyers' lenders will ask.

Capture installation year, material (architectural shingle, three-tab, metal, tile), and any transferable warranty. Roof age over 15 years almost always becomes a buyer credit request after inspection — flag it now so the seller is not surprised.

Walk the perimeter with the seller and ask about prior pier work, basement seepage, or doors that stick seasonally. Sellers routinely leave foundation items blank because "the engineer said it was fine" — get the engineer's report attached to the file.

Ask specifically about polybutylene supply lines, galvanized drains, knob-and-tube, aluminum branch wiring, and federal Pacific or Zinsco panels. These are insurance-killers — if any are present, the buyer's insurance binder may fail and the deal collapses days before closing.

Year built drives the federal lead-based paint disclosure requirement. Pre-1978 homes require the EPA pamphlet, the LBP disclosure form, and a 10-day inspection opportunity (waivable in writing). Confirm the year against the tax record, not the seller's memory.

Have the seller complete the federal LBP disclosure (any known LBP, any reports). Provide the EPA "Protect Your Family From Lead in Your Home" pamphlet to every prospective buyer. Missing this on a pre-1978 home is a per-occurrence federal fine and gives the buyer rescission rights post-closing.

Ask about basement flooding, roof leaks, ice dams, plumbing failures, or visible mold — past or present. Seller answers "no" and inspector finds water staining in the attic, the file becomes a fraud claim. Err on the side of disclosing and attaching documentation.

Upload the remediation invoice, post-remediation clearance test, and any transferable warranty. A clean clearance test resolves more buyer concerns than the seller's word ever will.

Cover prior radon testing results, known asbestos in popcorn ceilings or pipe wrap, and any abandoned underground oil tanks. In states with mandatory radon disclosure (PA, NJ, IL, others), prior test results must be shared even if old.

Furnace, AC condenser, and water heater each need install year and service history. R-22 systems pre-2010 may be unrepairable when they fail — surface this now rather than during the inspection objection period.

For well water, capture last potability/yield test. For septic, capture last pump date and any drain field repairs. Several states require a septic inspection with title transfer — confirm your state's rules and order early if needed.

Solar leases and PPAs are the single most common cause of last-minute closing delays — assumption paperwork takes 30+ days with most providers. Capture the leasing company, monthly payment, buyout amount, and remaining term, and start the assumption process now.

Capture scope, year, contractor, and approximate cost. Unpermitted finished basements and additions are the most common discovery during appraisal — appraiser excludes the square footage from value, deal renegotiates. Better to flag now.

Upload permit cards, certificates of occupancy, and any transferable warranties (roof, HVAC, structural, termite bond). Buyer's agents will ask — having them in the file from day one shortens the inspection-response cycle.

Anything currently in progress — pending insurance claim, half-finished bathroom, scheduled roof replacement — must be disclosed with expected completion date. "As-is" does not waive disclosure of known defects in any state.

Capture mortgage payoff contact, second liens, judgment liens, mechanic's liens, HOA balance, and any pending special assessments. Special assessments in particular — a $12,000 roof assessment voted in last month — kill deals when they surface at title.

Active litigation — neighbor encroachment, easement dispute, contractor lawsuit, HOA action — must be disclosed and will appear in the title commitment. Get the case caption and current status from the seller's attorney.

Do not email the disclosure form for the seller to fill out alone — sit with them, line by line. Sellers leave items blank that they actually know about (foundation crack, prior flooding) when they are checking boxes without context. The walk-through is the single most defensible thing in the file.

Route via Dotloop, DocuSign, or SkySlope DigiSign with the seller as signer. Save the executed PDF in the transaction folder before MLS activation; many MLSs require the disclosure to be uploaded as a supplement at input.