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Seller Disclosure Checklist: Required Documents

Seller and Listing Agent Resource

Assemble required seller disclosures with a checklist for home sellers, FSBO sellers, and listing agents. Collect the current state property-condition form, lead-based paint package for pre-1978 housing, HOA and assessment documents, permits for work you completed, and any other locality-required booklets. What must be disclosed—and on which official form—is state-specific. Leaving a blank or using an outdated form is a common claim. Not legal advice; confirm current forms and exemptions before you list or open escrow.

Seller Disclosure Checklist: Required Documents form template preview

Key Benefits

Use the current official state disclosure form
Attach lead-paint notices for pre-1978 homes
Pull HOA resale and assessment documents early
File permits and insurance claims that buyers will ask about
Keep buyer-signed receipts in the transaction file
Reduce “we were never told” disputes after closing

Common Use Cases

Listing a primary residence with an agentFSBO sellers preparing a disclosure packetTrust or estate sales with a statutory formInvestors selling a recently rehabbed propertyTransaction coordinators checking a listing fileRe-issuing disclosures after a material change

Frequently Asked Questions

Are seller disclosures required if I sell as-is?
Often yes. As-is language usually limits repair obligations; it does not always erase statutory disclosure duties. Confirm your state’s form and any exemptions (some probate or new-construction sales differ).
What is the lead-based paint rule?
Federal rules generally require a pamphlet, disclosure, and opportunity to inspect for housing built before 1978. Keep the signed acknowledgment. This is separate from the state condition form.
What if I do not know the answer to a question?
Many forms allow “unknown.” Do not guess. If you later learn a material fact, an updated disclosure may be required. Counsel can advise on timing.
Is this legal advice?
No. Disclosure statutes and official forms change. Use the current government or association form for the property’s state and confirm exemptions before you sign.

Checklist

Forms

Current state or association seller’s property-condition disclosure
Required

Do not use a prior year’s form.

Federal

Lead-based paint disclosure and pamphlet acknowledgment if pre-1978

Keep the signed buyer receipt.

HOA

HOA resale certificate, budget, and governing documents

Assessments and litigation summaries if provided.

Improvements

Permits and final inspections for work the seller completed

Unpermitted work should be disclosed if the form asks.

Condition

Insurance claim history or known uninsured damage records

If the form or a buyer question asks.

Local

Local booklets: earthquake, flood, Megan’s law, or similar if required

Jurisdiction-specific packets.

Title

Survey, plat, or known easement documents the seller has

Do not withhold a survey you already possess if asked.

File

Buyer-signed disclosure receipts and delivery dates
Required

Needed if a later dispute claims non-delivery.