Alabama Property Disclosure Statement

Property Address: [[Property Full Address]], [[City]], AL [[ZIP Code]]
Seller Name(s): [[Seller Full Name(s)]]
Buyer Name(s): [[Buyer Full Name(s)]]
Date of Disclosure: [[Disclosure Date]]
Year Built: [[Year Built]]

IMPORTANT NOTICE TO SELLER AND BUYER

Alabama follows the doctrine of caveat emptor ("buyer beware") for most residential real estate transactions. Alabama law does not require sellers to complete a standard statewide residential property condition disclosure form in the manner of many other states. However, sellers have important legal duties under Ala. Code §6-5-102 and common-law fraud principles: a seller must disclose known latent (hidden) defects that affect health or safety, must not actively conceal defects, and must answer questions truthfully.

This document is a voluntary but recommended comprehensive disclosure statement. It is designed to promote transparency, reduce post-closing disputes, and help satisfy the seller's duty to disclose known material defects. Completion of this form does not replace the buyer's obligation to conduct independent inspections.

All variable information is represented as `[[Token Name]]` placeholders.

1. Alabama caveat-emptor backdrop (Ala. Code §6-5-102), buyer-beware default with fraud/suppression exceptions

Under Alabama law, the general rule is caveat emptor. Buyers are expected to inspect the property and ask questions. Sellers are not required to volunteer information about every condition of the property.

Key Legal Duties That Still Apply
- Ala. Code §6-5-102: A seller who suppresses a material fact that he or she is under an obligation to communicate is liable for fraud or suppression.
- Sellers must disclose known latent defects that present a danger to health or safety (e.g., structural failures, severe water intrusion causing mold, defective electrical systems that create fire hazards).
- Sellers may not make affirmative misrepresentations or actively conceal defects (e.g., painting over water stains, hiding evidence of termite damage).
- If a buyer specifically asks about a condition, the seller must answer honestly.
- "As-is" language in a contract does not shield a seller who has knowingly concealed or misrepresented material facts.

Seller Acknowledgment of Duty
I, [[Seller Full Name(s)]], understand that while Alabama does not mandate a standard disclosure form, I have a duty to disclose known latent defects affecting health or safety and to respond truthfully to inquiries.

Initials: _______ / _______ Date: [[Disclosure Date]]

2. Known latent defects disclosure, roof, foundation, water intrusion, HVAC, electrical, plumbing

Seller discloses below all known latent (hidden) defects of which Seller has actual knowledge that could affect the health, safety, or structural integrity of the property. "Known" means actual personal knowledge, not constructive knowledge or what Seller "should have known."

Roof
- Age of roof (approximate): [[Roof Age in Years]] years
- Roof type/material: [[Asphalt Shingle / Metal / Tile / Other]]
- Known leaks, missing shingles, or damage: [[Yes, describe / No / Unknown]]
Details: [[Roof Defect Description or "None"]]
- Any roof repairs or replacements in last 5 years: [[Yes, date and scope / No]]

Foundation and Structural
- Known foundation cracks, settling, shifting, or movement: [[Yes / No / Unknown]]
Details: [[Foundation Issues Description]]
- Known structural repairs or engineering reports: [[Yes, attach reports / No]]

Water Intrusion and Moisture
- Known water intrusion, leaks, or flooding into basement, crawlspace, or living areas: [[Yes / No / Unknown]]
Details and locations: [[Water Intrusion Details]]
- Known mold or mildew growth (beyond ordinary bathroom surfaces): [[Yes / No / Unknown]]
Details and remediation: [[Mold Details]]

HVAC, Electrical, Plumbing
- Known HVAC system defects or failures (heating, cooling, ductwork): [[Yes / No]]
Details: [[HVAC Issues]]
- Known electrical problems (outlets, panels, wiring, GFCI/AFCI, aluminum wiring): [[Yes / No]]
Details: [[Electrical Issues]]
- Known plumbing problems (pipes, drains, water heater, septic or sewer): [[Yes / No]]
Details: [[Plumbing Issues]]

Other Known Latent Defects Affecting Health or Safety
[[Describe any other known defects not listed above or state "None"]]

3. Federal lead-based-paint disclosure (42 U.S.C. §4852d), required if built before 1978

Lead-Based Paint Disclosure (Target Housing Pre-1978)

If the property was built before 1978, federal law (Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §4852d) requires specific disclosures and the EPA pamphlet "Protect Your Family From Lead in Your Home."

Year Built: [[Year Built]]

Lead-Based Paint / Hazards Disclosure (required if pre-1978)
- Seller has actual knowledge of lead-based paint and/or lead-based paint hazards in the housing: [[Yes / No / Housing built 1978 or later, not applicable]]
- If yes, describe known locations and conditions: [[Lead Paint Locations and Details]]

Records and Reports
- Seller has provided the buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards: [[Yes / No / N/A]]
- List of records provided: [[List or "None"]]

Buyer Acknowledgment (Pre-1978 Housing)
Buyer acknowledges receipt of the EPA pamphlet, any records provided, and the opportunity to conduct a lead-based paint inspection or risk assessment before the end of the inspection contingency or purchase contract deadline.

Buyer Initials: _______ / ______ Date: _______

4. Common voluntary disclosure items, roof age, systems, water/septic, flooding, structural, environmental

Seller provides the following information to the best of Seller's knowledge to assist the buyer. These items are disclosed voluntarily even though not always legally required in Alabama.

Roof, Attic, Gutters, Siding
- Roof age and remaining life estimate: [[Roof Age / Remaining Life]]
- Known issues with gutters, downspouts, or drainage: [[Yes / No]] Details: [[Details]]
- Siding or exterior cladding known issues: [[Yes / No]] Details: [[Details]]

Water / Sewer / Septic / Well
- Water source: [[Municipal / Private Well]]
- Sewer / septic system: [[Municipal Sewer / Septic Tank / Other]]
- Septic system last pumped/inspected: [[Date or "Unknown"]]
- Known water quality or pressure issues: [[Yes / No]] Details: [[Details]]
- Known septic or sewer backups or failures: [[Yes / No]] Details: [[Details]]

Flooding and Drainage
- Property located in a FEMA-designated flood zone: [[Yes / No / Unknown]]
- Known history of flooding, standing water, or poor drainage: [[Yes / No]]
Details and dates: [[Flood History]]
- Flood insurance ever required or purchased: [[Yes, current or prior policy / No]]

Structural, Additions, Permits
- Any additions, renovations, or structural modifications without permits: [[Yes / No]]
Description: [[Unpermitted Work Description]]
- Known settling, cracks in walls/floors, or sagging: [[Yes / No]] Details: [[Details]]

Appliances and Systems Included
List of appliances and systems included in the sale and their general condition: [[List and Condition Notes]]

5. HOA / assessment disclosure

Homeowners Association / Condominium / POA
- Property subject to HOA, condominium association, or property owners association: [[Yes / No]]
- Association Name: [[HOA Name or "N/A"]]
- Monthly or annual assessments: [[HOA Dues Amount and Frequency]]
- Special assessments currently levied or planned: [[Yes, amount and purpose / No]]
- Known association violations, liens, or pending actions against the property: [[Yes, details / No]]
- Association documents (bylaws, CC&Rs, financials, minutes) provided or available: [[Yes / No]]

Other Assessments or Liens
- Any known municipal assessments, improvement district charges, or tax liens: [[Yes, details / No]]

6. Statement that buyer should conduct independent inspection

Buyer Inspection Advisory

This disclosure is based solely on the Seller's actual knowledge and is not a substitute for professional inspection. The property is being sold in its present "as-is" physical condition unless otherwise agreed in writing.

Buyer is strongly advised and expected to:
- Obtain a professional whole-house inspection by a qualified inspector.
- Obtain separate inspections for roof, foundation, HVAC, electrical, plumbing, septic/well, mold, termites/wood-destroying insects, and any other areas of concern.
- Review all HOA documents, surveys, flood determinations, and title exceptions.
- Conduct all desired due diligence within the time periods specified in the purchase contract.

Seller has not performed and does not warrant any inspections. Buyer acknowledges that Seller's disclosure of known conditions does not relieve Buyer of the duty to inspect.

Buyer Initials: _______ Date: _______

7. Property history (prior damage, insurance claims, deaths on premises per Alabama convention)

Property History, Prior Damage and Claims
- Any insurance claims filed in the last 5 years (wind, hail, water, fire, liability): [[Yes / No]]
Details (date, type, carrier, outcome): [[Insurance Claim Details]]
- Known prior significant damage (fire, flood, storm, structural): [[Yes / No]]
Details and repairs: [[Prior Damage Details]]
- Any repairs performed that required engineering or permits: [[Yes / No]] Details: [[Details]]

Deaths, Violent Crimes, or Stigmatized Events on Premises (Alabama Convention)
Alabama sellers are sometimes asked about deaths or other events on the property. While not always legally required to disclose unless directly asked or if it constitutes a latent defect, many sellers choose to disclose for transparency.

- Any known death on the premises (other than natural causes in the ordinary course of aging): [[Yes / No / Unknown]]
Details if any: [[Death on Premises Details or "None"]]
- Any known violent crime, suicide, or other event on premises that Seller believes a reasonable buyer would consider material: [[Yes / No]]
Details: [[Details or "None"]]

Prior Ownership and Use
- Seller has owned the property since: [[Year Acquired]]
- Prior use of property (rental, business, farm, etc.): [[Prior Use]]
- Known prior owners or occupants with special knowledge of condition: [[Yes, provide contact if possible / No]]

8. Environmental / hazardous materials checklist

Seller discloses known presence or prior use of the following on the property:

Environmental Reports or Assessments
- Any Phase I or Phase II environmental site assessments performed: [[Yes, attach / No]]
- Any known violations or cleanup orders: [[Yes, details / No]]

9. Signatures, date, and acknowledgment block

Seller Certification and Signature

I/We, the undersigned Seller(s), certify that the information provided in this Alabama Property Disclosure Statement is true and complete to the best of my/our actual knowledge as of the date signed. I/We understand that this disclosure is not a warranty and that I/we have a duty to update this disclosure if new information becomes known before closing.

Seller 1 Signature: _______________________________ Date: [[Disclosure Date]]
Printed Name: [[Seller Full Name]]

Seller 2 Signature (if applicable): _______________________________ Date: [[Disclosure Date]]
Printed Name: [[Seller Full Name]]

Buyer Acknowledgment

Buyer acknowledges receipt of this disclosure statement. Buyer understands that the information is based on Seller's actual knowledge only and that Buyer has the right and duty to conduct independent inspections and due diligence. Buyer has received copies of any reports or records referenced above.

Buyer 1 Signature: ______________________________ Date: _______
Printed Name: [[Buyer Full Name]]

Buyer 2 Signature (if applicable): ______________________________ Date: _______
Printed Name: [[Buyer Full Name]]

10. Alabama-specific professional-advice disclaimer

Alabama-Specific Disclaimer

This Alabama Property Disclosure Statement is a voluntary template. Alabama does not mandate a uniform seller disclosure form for most residential transactions. The legal framework is governed by:
- Ala. Code §6-5-102 (fraud and suppression)
- Common-law duties regarding latent defects
- Federal lead-based paint disclosure requirements (42 U.S.C. §4852d) for pre-1978 housing
- Any applicable local ordinances or HOA requirements

Sellers who have actual knowledge of latent defects affecting health or safety must disclose them. Active concealment or misrepresentation is prohibited. "As-is" clauses do not protect sellers from fraud claims.

Not Professional Advice

This form is provided for informational and organizational purposes only. It does not constitute legal, real estate, or professional advice. Every transaction is unique. Sellers and buyers should consult a licensed Alabama real estate attorney, a qualified home inspector, and other professionals as appropriate. Information and legal requirements may change; verify all statements against current law and obtain professional guidance before signing any contract or relying on this disclosure.

Flood Zone and Insurance Disclosure (Mandatory per task spec)

- Property is located in a FEMA-designated Special Flood Hazard Area (SFHA): [[Yes / No / Unknown]]
Flood zone designation (if known): [[Flood Zone Code e.g. AE, X, VE]]
- Seller has actual knowledge of prior flood damage or flood insurance claims on the property: [[Yes / No / Unknown]]
Details: [[Prior Flood Description or "None"]]
- Current flood insurance policy in place: [[Yes, carrier and amount / No / Unknown]]
- Buyer is advised that flood insurance may be required by lenders for properties in SFHA and that standard homeowners policies do not cover flood damage.

Receipt of Copy

Seller has provided a copy of this completed disclosure to the buyer or buyer's agent on [[Date Copy Provided]]., -

8. Environmental hazards and other material disclosures (voluntary but recommended)

Seller discloses known environmental conditions that could affect value, use, or health.

Environmental
- Known presence of asbestos-containing materials, lead paint (beyond pre-1978 disclosure), or PCB equipment: [[Yes, describe / No / Unknown]]
- Known underground storage tanks (fuel oil, septic, chemical): [[Yes, describe location and status / No / Unknown]]
- Known soil contamination, prior industrial use, or Phase I/II environmental reports: [[Yes, attach / No / Unknown]]
- Property located near landfill, superfund site, or high-radon area: [[Yes, describe / No / Unknown]]

Other Material Facts
- Any pending or threatened litigation, assessments, or special district charges affecting the property: [[Yes, describe / No]]
- Any HOA or condominium association with known special assessments, litigation, or material defects in common elements: [[Yes, describe / No / N/A]]
- Any agricultural, timber, or mineral rights that will not convey with the property: [[Yes, describe / No]]

9. Seller's duty to update and buyer inspection rights

Update Obligation
If, between the date of this disclosure and closing, Seller becomes aware of any new material latent defect or change in the information provided, Seller shall promptly disclose the new information to Buyer in writing.

Buyer Acknowledgment of Independent Duty
Buyer acknowledges that:
- This disclosure is based on Seller's actual knowledge only.
- Buyer has the right and is encouraged to obtain professional inspections (home, termite/WDI, radon, mold, structural, sewer scope, etc.) and to review all reports.
- "As is" contract language does not relieve Seller of the duty to disclose known latent defects that affect health or safety.
- Buyer is not relying solely on this disclosure and will complete due diligence appropriate to the transaction.

Buyer Initials acknowledging inspection opportunity: _______ Date: _______, -

References

• Ala. Code §6-5-102, Fraud; suppression of material facts
• 42 U.S.C. §4852d, Lead-Based Paint Disclosure requirements
• Alabama Real Estate Commission guidelines on seller disclosures
• HUD/EPA lead-based paint pamphlet requirements
• National Flood Insurance Program (NFIP) flood zone disclosure expectations

> ⚠️ Template only, not legal or professional advice. Alabama follows caveat emptor with important exceptions for known latent defects, fraud, and federal lead disclosures. This document helps sellers fulfill disclosure duties but is not a substitute for legal counsel, inspections, or professional advice. All `[[Token Name]]` fields must be completed accurately. Consult qualified Alabama professionals before use.

*Sources: Alabama Code §6-5-102; 42 U.S.C. §4852d; Alabama Real Estate Commission resources (as of June 2026).*