Real Property Disclosure Statement (Seller)
Comprehensive seller disclosure of known property conditions and material facts — required by every state for residential sales. State-aware (CA TDS, TX SDPC, FL Johnson v. Davis, NY RPL §462).
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REAL PROPERTY DISCLOSURE STATEMENT
(Seller's Disclosure of Property Condition)
Property: 4112 SE Hawthorne Blvd, Portland, OR 97214
State: Oregon
Seller: Eleanor Margaret Hayes
Disclosure date: May 11, 2026
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1. PROPERTY BASICS
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Year built: 1947
Seller occupancy: Owner-occupied (current resident)
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2. STRUCTURE AND SYSTEMS
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ROOF
Composition shingle roof; replaced 2018 (8 years old as of disclosure). 30-year shingles. No known leaks. Last professionally inspected: April 2024 (no issues noted).
FOUNDATION
Concrete perimeter foundation with 4-foot crawlspace. Original 1947 foundation. Hairline cracks in foundation wall (typical for age, not active movement). Foundation last evaluated: 2022 by structural engineer; report on file (available on request).
PLUMBING
Original galvanized supply lines partially replaced with copper in 1995 kitchen remodel and 2010 main-bath remodel. Some galvanized still in upstairs bath (slow drainage at sink). PEX water heater connections (replaced 2020). Sewer line: clay tile, original; sewer scope inspection completed Oct 2024 found minor root intrusion at 32 ft, recommended hydro-jetting (not yet done).
ELECTRICAL
200-amp main panel updated 2008 (Square D, 30/40 capacity, no recalled brands). Most circuits modern Romex. Two original cloth-insulated circuits in attic (lighting only, not load-bearing) — flagged in 2024 inspection for future replacement. GFCI in kitchen, baths, garage (added 2010). Knob-and-tube: confirmed removed during 2008 panel upgrade.
HVAC
Forced-air gas furnace (Lennox, installed 2015 — 11 years old). Annual service current. Central A/C added 2018 (Trane 2-ton). New thermostat (Ecobee, 2022). Furnace filter changed quarterly. No known repairs needed.
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3. WATER, MOLD, AND PESTS
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WATER INTRUSION / FLOODING
Crawlspace flooded twice during heavy rain events (2019, 2022) — sump pump installed 2020 has prevented recurrence since. No interior basement (slab-on-grade portion has no flooding history). Property is NOT in a FEMA flood zone (Zone X, outside 500-year floodplain). No flood insurance required.
MOLD / MILDEW
Visible black mold on bathroom ceiling (master bath) addressed 2021 — exhaust fan upgraded, surface remediated by Mold-Be-Gone Co (IICRC certified). Mold-test post-remediation: clear. No other known mold issues.
PESTS / WOOD-DESTROYING ORGANISMS
Carpenter ants treated 2019 by Northwest Pest Control (one-time treatment, no recurrence reported). Termites: never observed. Annual pest inspection performed; most recent April 2026 — clear.
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4. ENVIRONMENTAL HAZARDS
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Lead-based paint: home built 1947, federal disclosure required. Lead pamphlet (EPA 7491) provided. No known lead-paint testing performed. Buyer should expect lead paint in pre-1978 home and may opt for inspection.
Asbestos: original ceiling tiles in basement laundry room contain asbestos (tested 2015); intact, encapsulated, not friable. Should not be disturbed.
Radon: tested 2023 by Pacific Air Quality, result 1.8 pCi/L (below EPA action level of 4.0).
Oil tank: above-ground oil tank decommissioned 2008 (Oregon DEQ certificate available). No known underground storage tank.
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5. PERMITS AND PRIOR WORK
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Major work performed:
• 1995 — Kitchen remodel (permitted, City of Portland Permit #95-44218).
• 2008 — Electrical panel upgrade (permitted #08-12277).
• 2010 — Master bath remodel (permitted #10-30188).
• 2015 — HVAC replacement (Trane permit #15-44091).
• 2018 — Roof replacement (no permit required for re-roof under Portland code).
• 2018 — A/C addition (permit #18-22719).
Detached garage built 1962 — no permit on file (predates current permit retention; presumed legally non-conforming).
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6. HOA / COMMUNITY
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Property is NOT in an HOA or planned community. No HOA dues, no HOA restrictions.
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7. EASEMENTS, ENCROACHMENTS, BOUNDARIES
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Standard utility easement along eastern property line (recorded 1956). No known encroachments. Survey performed 2008 (available on request). Fence on northern boundary may encroach onto neighbor by approximately 6 inches per 2008 survey; neighbor has not objected.
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8. NATURAL HAZARDS
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FEMA flood zone: Zone X (outside 100/500-year floodplain).
Wildfire risk: low to moderate (urban Portland, no wildland-urban interface).
Earthquake: Property is in Cascadia Subduction Zone region. No retrofit work performed; foundation is unbolted to mudsill (original 1947 construction). Seismic risk should be considered.
Coastal: not applicable.
Mello-Roos / 1915 Act: not applicable in Oregon (California specific).
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9. LITIGATION AND OTHER MATERIAL FACTS
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Litigation status: No pending or recent litigation
Deaths on property: No known deaths on property in past 3 years
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10. STATE-SPECIFIC DISCLOSURES
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CALIFORNIA (Cal. Civil Code §1102 et seq.) — Transfer Disclosure
Statement (TDS) required for most residential sales of 1-4 units.
Additional state-required disclosures: Natural Hazard Disclosure
(NHD, §1103); Lead-Based Paint (federal 42 USC §4852d for pre-1978);
Mello-Roos / 1915 Act bond (§1102.6b); Megan's Law database notice;
Death on property within 3 years (§1710.2 — disclosure required only
for deaths occurring within preceding 3 years and only if specifically
asked, except for HIV/AIDS-related deaths which need not be disclosed
by §1710.2(b)).
TEXAS (Tex. Prop. Code §5.008) — Seller's Disclosure of Property
Condition required for residential sales of 1-4 units. Notable: Texas
does NOT require disclosure of property "stigmas" (deaths,
murders, etc.). Buyer beware doctrine modified by §5.008 disclosure
duty. Special form for properties with known repairs needed.
FLORIDA — Common-law disclosure duty established by Johnson v. Davis,
480 So. 2d 625 (Fla. 1985): seller must disclose facts materially
affecting value of residential property that are not readily
observable and are not known to the buyer. No statutory disclosure
form, but FAR-BAR Property Disclosure form is industry standard.
Coastal properties: additional disclosure of Coastal Construction
Control Line and flood zone status.
NEW YORK (Real Property Law §462) — Property Condition Disclosure
Statement required for most residential sales OR seller may give
buyer a $500 credit at closing in lieu of disclosure. Many sellers
give the credit to avoid disclosure liability exposure. NY law:
common-law caveat emptor doctrine MODIFIED by §462; sellers should
disclose known material defects regardless of statutory option.
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11. FEDERAL DISCLOSURES
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LEAD-BASED PAINT (42 USC §4852d; 24 CFR Part 35; 40 CFR Part 745).
For homes built before 1978: Seller must disclose any known
lead-based paint or hazards, provide EPA pamphlet "Protect Your
Family from Lead in Your Home," and give Buyer a 10-day inspection
opportunity. Lead-Based Paint Disclosure form must be attached to
the contract.
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12. SELLER CERTIFICATION
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Seller certifies that the disclosures above are true and complete to the best of Seller's knowledge as of the date of signature. Seller is not aware of any other material defects, conditions, or facts that would materially affect the property's value or desirability that have not been disclosed. Seller acknowledges that this disclosure does not warrant the property and is not a substitute for independent inspection by Buyer.
_____________________________________ May 11, 2026
Seller signature Date
Printed name: Eleanor Margaret Hayes
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13. BUYER ACKNOWLEDGMENT
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Buyer acknowledges receipt of this Property Disclosure Statement.
Buyer understands that:
• This disclosure represents Seller's actual knowledge as of
signature; it is not a warranty.
• Buyer is encouraged to obtain independent professional inspections
(general home inspection, pest inspection, sewer scope, radon
test, mold inspection, structural inspection if foundation issues
exist).
• State law may give Buyer rights to terminate based on disclosure
contents (typically within a 3-day window in CA; 7 days in TX
after receipt; per state statute elsewhere).
_____________________________________ ___________________
Buyer signature Date
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THIS DISCLOSURE STATEMENT BECOMES PART OF THE PURCHASE CONTRACT AND
MAY BE THE BASIS FOR LATER CLAIMS BY BUYER. SELLER MUST UPDATE THIS
DISCLOSURE PROMPTLY IF NEW INFORMATION IS DISCOVERED BEFORE CLOSING.
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About this template
A Real Property Disclosure Statement is the seller's legally required disclosure of known property conditions and material facts to the buyer. It is one of the most important documents in any residential real estate transaction — and the most common source of post-closing litigation. Every state has some form of seller disclosure obligation, but the legal basis and content vary substantially. Three categories of state disclosure regimes: (1) Statutory mandatory disclosure — California (Civil Code §1102 et seq. — Transfer Disclosure Statement), Texas (Tex. Prop. Code §5.008 — Seller's Disclosure of Property Condition), and most states require sellers to complete a specific statutory form for residential sales. (2) Statutory option — New York (Real Property Law §462) requires the disclosure form OR a $500 credit at closing in lieu; many NY sellers take the credit to avoid disclosure exposure, but common-law duties may still apply. (3) Common-law duty without specific form — Florida (Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) established that sellers have a common-law duty to disclose facts materially affecting value not readily observable; no statutory form but FAR-BAR Property Disclosure used industry-wide). Federal disclosure: Lead-Based Paint Disclosure (42 USC §4852d; 24 CFR Part 35; 40 CFR Part 745) is required for any home built before 1978. Seller must disclose known lead paint or hazards, provide the EPA pamphlet "Protect Your Family from Lead in Your Home," and give buyer a 10-day inspection opportunity. Required even when state law has its own disclosure regime; even when state law exempts the transaction. Failure to comply: federal civil penalties plus buyer rescission rights for 10 years after sale. Substance of typical disclosures: (a) Structure — roof, foundation, walls, basement/crawlspace condition. (b) Systems — plumbing (galvanized, lead, polybutylene, cast iron, sewer line condition), electrical (panel age, knob-and-tube, aluminum branch wiring, GFCI), HVAC (age, condition, recent repairs), water heater. (c) Water — flooding history, water intrusion, sump pump, FEMA flood zone, septic / sewer status. (d) Environmental — lead paint (federal), asbestos, radon, mold, oil tanks (especially Northeast and Pacific Northwest underground storage tanks). (e) Pests — termites, carpenter ants, rodents, treatment history. (f) Permits — major work (additions, electrical/plumbing/structural), unpermitted work (significant disclosure issue). (g) Easements / encroachments / boundary issues — survey results, fence-line disputes, utility easements. (h) HOA — existence, dues, restrictions, financial status. (i) Natural hazards — flood, wildfire (CA), earthquake (CA, OR, WA, AK), coastal (FL, GA, SC, NC, etc.). (j) Stigmas — deaths on property (CA Civil Code §1710.2 — 3 years if asked; TX silent on stigmas; most states limited duty). (k) Litigation — pending or recent. State-specific complexities: California — TDS required (§1102), NHD required for natural hazards (§1103), Mello-Roos / 1915 Act bond disclosure (§1102.6b), Megan's Law database notice; HIV/AIDS-related deaths excluded from §1710.2 disclosure; arbitration provisions in TDS subject to scrutiny. Texas — §5.008 form; Texas does NOT require death/stigma disclosure (specifically excluded by §5.008). Florida — common-law duty per Johnson v. Davis; FAR-BAR form industry standard; coastal properties have additional Coastal Construction Control Line disclosure; properties in flood zones must disclose flood-insurance status. New York — §462 disclosure or $500 credit option; many sellers credit; common-law duty may persist; mortgage tax and other NY-specific disclosures separate. Common compliance failures and litigation triggers: (1) Failure to disclose known defects — the #1 source of post-closing lawsuits. Sellers who renovate without permits, repair without disclosure, or hide active issues face fraud claims with rescission and damages. (2) Inaccurate "as is" reliance — even "as is" sales require disclosure of known defects in every state. "As is" disclaims warranties but does not eliminate the duty to disclose known material facts. (3) Stale disclosure — disclosures must be updated if new information emerges before closing (e.g., sewer-line leak discovered after disclosure but before closing). (4) Failure to deliver — disclosure must actually be delivered to buyer with reasonable opportunity to review; just having it on file is not enough. (5) Estate / inherited sales — many states exempt estate sales from disclosure (executor selling) but the exemption is narrow; check state law. (6) Foreclosure / short sale — limited exemption in some states. Best practice: complete the disclosure form thoroughly and conservatively (when in doubt, disclose); update if new facts emerge; keep a copy; use the appropriate state-specific form when one exists. The Tort of Negligent Misrepresentation and the Tort of Fraudulent Concealment are the most common bases for post-closing claims — both addressable by accurate, complete disclosure.
When to use it
- Seller listing a residential property for sale.
- Seller updating disclosure after new information emerges before closing.
- When buyer contingency requires disclosure delivery within 5 days of acceptance.
- For-sale-by-owner (FSBO) transactions where no listing agent guides disclosure.
- After significant repairs, renovations, or pest/water issues that must be disclosed.
What to include
- Seller name and property identification.
- Year built (triggers federal lead-paint disclosure for pre-1978).
- Roof, foundation, plumbing, electrical, HVAC condition.
- Water intrusion, flooding history, FEMA flood zone status.
- Mold, mildew, pest history.
- Environmental hazards (lead, asbestos, radon, oil tanks).
- Permits and major work performed.
- HOA / planned community details.
- Easements, encroachments, boundary issues.
- Natural hazards (flood, wildfire, earthquake, coastal, Mello-Roos for CA).
- Litigation regarding property.
- Death on property disclosure (state-dependent).
- State-specific disclosures (CA TDS/NHD; TX §5.008; FL Johnson v. Davis duty; NY §462 option).
- Federal lead-based paint disclosure for pre-1978 homes.
- Seller certification with signature.
- Buyer acknowledgment with signature.