--- name: seller-disclosure title: Seller Disclosure Statement description: 'Drafts residential Seller Disclosure Statements for U.S. real estate transactions covering structural systems, environmental hazards, title encumbrances, and neighborhood conditions. Enforces state-specific statutory compliance and federal lead-based paint requirements. Trigger keywords: "seller disclosure", "property condition statement", "residential transfer disclosure", "seller disclosure statement".' author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/seller-disclosure license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: real-estate language: en tags: [agreement, drafting, transactional] --- # 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]