1. Objective

This SOP defines how a Virtual Assistant (VA) tracks and verifies that every required disclosure is collected, signed, and delivered on every transaction. Disclosure compliance is a body-of-rules problem: different states require different documents, different timing, and different acknowledgment patterns. The VA's job is not to interpret the content — it is to make sure the documents exist, are signed by the right parties, are delivered within the required window, and are filed in the transaction record.

Failure to disclose is one of the most common causes of post-closing litigation in real estate. Most of these failures are not about concealment — they're about a document that existed but was never signed, or was signed but never delivered, or was delivered but never acknowledged. Systematic tracking closes those gaps.

Where this SOP starts: A transaction goes under contract (or in some states, when a listing goes active — disclosure timing varies).
Where this SOP ends: Every required disclosure has been collected, signed by the required parties, delivered to the other side, acknowledged in writing, and filed in the transaction record. The closing can proceed without a disclosure gap.

Success looks like: Closing day arrives with zero disclosure surprises. Every required document is in the transaction file with the right signatures, dates, and acknowledgments. If a question comes up three years after closing, the audit trail is complete.

---

2. Your Role & Boundaries

2a. What you handle independently

• Maintaining the state-specific disclosure matrix for each agent (Section 4b)
• Sending disclosure request packages to sellers per approved templates
• Tracking delivery, signature, and acknowledgment of every required disclosure
• Filing signed disclosures in the transaction management system (TMS) with the correct naming convention
• Sending reminders to sellers, buyers, and cooperating agents when a disclosure is overdue
• Escalating any unreceived or unsigned disclosure that threatens the transaction timeline
• Confirming disclosure compliance is complete before each deadline in the transaction

2b. What requires agent approval before acting

• Any interpretation of whether a specific disclosure applies to a specific property or situation (e.g., "is this property really pre-1978 for lead-based paint purposes?")
• Any deviation from the agent's standard disclosure package (adding a disclosure not normally included, omitting one)
• Any communication with the seller, buyer, or cooperating agent that goes beyond standard delivery, reminder, or acknowledgment templates
• Handling an unexpected disclosure content (e.g., seller reveals a material defect the agent needs to know about) — the VA routes it to the agent, never responds to the seller about it
• Working with the closing attorney or escrow officer on disclosure-related tasks — attorney states require agent-coordinated workflows (see Section 7)

2c. What you never do

• You never negotiate on the agent's behalf under any circumstances.
• You never provide pricing, legal, or strategic opinions to any party.
• You never sign or initial any document on behalf of the agent, client, or any party.
• You never communicate directly with the other party's client.
• You never interpret the legal meaning or sufficiency of a disclosure — that's a legal question for the agent, the brokerage, or the attorney
• You never advise the seller on what to disclose or how to word a disclosure — the seller fills it out themselves based on their own knowledge
• You never send an unsigned disclosure as if it were signed, or deliver a disclosure with missing pages
• You never decide whether a disclosure's deadline can slip — every deadline is a hard gate until the agent says otherwise

When in doubt: Collect the document, log the timing, flag the gap to the agent. If a disclosure's content raises a question, that question is for the agent — not for you to answer on the seller's or buyer's behalf.

---

3. Schedule & Trigger

Trigger (listing side): Listing agreement is executed (Listing Agreement Review & Filing completes). Most states require seller disclosures to be prepared during the listing period, not waited for until a contract is executed. Confirm with agent which disclosures must be ready before the listing goes live vs. which can be delivered post-contract.

Trigger (buyer side): Offer is accepted and contract is executed. Buyer-side disclosures (agency, natural hazard in applicable states, etc.) are typically delivered with or immediately after the purchase agreement.

Expected turnaround:

• Seller disclosure request package: Delivered to seller within 48 hours of listing agreement execution
• Delivery to buyer side: Within the window specified in the contract or state law (typically within 3–7 days of contract execution)
• Acknowledgment tracking: Log every signed/received disclosure within 1 business day of receipt

Sequence context: This SOP runs in parallel with Seller Disclosure Request & Document Collection — Seller Disclosure Request & Document Collection is the listing-side workflow for collecting disclosures from the seller; this SOP (COMP-03) is the compliance-tracking framework that ensures all required disclosures (from any source, in any state) are accounted for. For buyer-side transactions, this SOP picks up after Transaction Coordination Kickoff. Attorney-state considerations are handled via Section 7 and connect to Title Review.

---

4. Universal and State-Specific Disclosures

4a. Universal disclosures (required in most U.S. states)

These are the disclosures most common across states. Confirm applicability with the agent for their specific state.

Disclosure	Required for	Typical timing	Who provides	Who signs
Seller's Property Condition Disclosure (or Statement)	Most transactions; some states exempt new construction or bank-owned	Must be delivered before offer is written (most states) OR within X days of contract (minority of states)	Seller completes; listing agent delivers	Seller signs; buyer acknowledges receipt
Lead-Based Paint Disclosure	Any residential property built before 1978	Must be delivered before buyer is obligated under contract (federal rule)	Seller completes; listing agent delivers	Seller and buyer both sign
Agency Disclosure / Relationship Disclosure	Virtually all states	At first substantive contact with client (not just the contract)	Agent provides to both sides	Each party signs their own
Consent to Dual Agency / Designated Agency (if applicable)	Dual-agency or designated-agency transactions	Before dual agency is created	Agent provides	Both parties sign
Wire Fraud Advisory	Not universally required but universal best practice	With the contract or at earnest money deposit	Agent or title/escrow provides	Buyer signs acknowledging

Lead-based paint rule (federal): The Lead-Based Paint Disclosure, paired with the EPA's "Protect Your Family from Lead in Your Home" pamphlet, is required for every pre-1978 residential sale. The buyer gets a 10-day inspection opportunity specifically for lead. This is federal law, not state law — no state exempts it.

4b. State-specific disclosure matrix (agent completes during onboarding)

Every agent has a state-specific matrix of required disclosures. During onboarding, build this matrix with the agent and keep it current. Template structure:

State: [STATE]
Date compiled: [Date]
Last verified with agent: [Date]

| Document Name | Required For | Timing | Who Provides | Who Signs | Source / Form Number |
|---|---|---|---|---|---|
| [State-specific seller disclosure] | All residential | Before offer | Seller | Seller signs; buyer acks | [Form number] |
| [Natural hazard / flood / earthquake disclosure] | Properties in specific zones | With contract | Seller/title | Seller signs | [Form] |
| [HOA documents] | HOA properties | Within X days of contract | HOA mgmt | Acknowledgment only | [As issued] |
| [Megan's Law disclosure] | All sales (in some states) | With contract | Agent/title | Buyer acks | [Form] |
| [Smoke detector / CO detector cert] | Specific states | Before close of escrow | Seller | Seller certifies | [Form] |
| [Property tax disclosure] | Some states | With contract | Seller/title | Buyer acks | [Form] |
| [Well / septic disclosure] | Well/septic properties | With contract | Seller | Seller signs | [Form] |
| [Water rights / mineral rights disclosure] | Western states | With contract | Seller | Seller signs | [Form] |
| [Coastal / flood plain / wildfire zone disclosures] | Property-specific | With contract | Seller/title | Seller signs; buyer acks | [Form] |
| [Foreign Investment in Real Property Tax Act (FIRPTA) affidavit] | Seller is not a U.S. person | Before closing | Seller | Seller signs | [Form] |

Fill in the matrix with the actual state-specific documents the agent uses. Update the matrix when:
- A new state or local form is released
- The agent expands to a new state or board
- A disclosure is re-issued by the state or agency with changes

---

5. Delivery Requirements

Disclosure timing matters as much as the disclosure itself. Different documents have different delivery windows.

5a. Before offer / listing-active requirements

Some states require specific disclosures to be delivered before a buyer writes an offer. The seller's property condition disclosure is the most common example. If the disclosure is not delivered before the offer, the buyer typically has a right to cancel the contract within a window after receiving it.

VA task:
- Confirm pre-offer disclosures are ready before the listing goes live (Seller Disclosure Request & Document Collection should deliver these)
- Make them available to cooperating agents requesting a disclosure package
- Log delivery date for each party who requests the package

5b. With-contract requirements

Some disclosures are delivered as part of the offer package or within a specified window of contract execution (typically 3–7 days).

VA task:
- Assemble the with-contract disclosure package within the required window
- Deliver via e-signature platform or the state/board's required delivery method
- Track delivery confirmation

5c. Before-closing requirements

Some disclosures (e.g., smoke detector certification, septic certification, sewer lateral inspection in some municipalities) must be completed and delivered before closing escrow.

VA task:
- Track each before-closing disclosure on the transaction deadline tracker
- Escalate to agent 7 days before closing if any remains incomplete
- Confirm with title/escrow that every required disclosure is in their file before the closing is scheduled

5d. Disclosure tracking table

Maintain this table in the transaction file for every transaction:

Document	Required Y/N	Sent to Other Side	Delivery Date	Signature Received Y/N	Acknowledgment Received Y/N	Filed in TMS Y/N	Notes
Seller Property Disclosure	Y	[Date]	[Date]	Y	Y	Y
Lead-Based Paint Disclosure	Y (pre-1978)	[Date]	[Date]	Y	Y	Y
Agency Disclosure — Seller	Y	[Date]	[Date]	Y	—	Y
Agency Disclosure — Buyer	Y	[Date]	[Date]	Y	—	Y
[State-specific disclosure]	Y	[Date]	[Date]	Y	Y	Y
[etc.]

Update the table in real time as events occur. Do not batch updates.

---

6. Acknowledgment Signatures

Most disclosures require more than one signature event.

6a. Completion signature

The party responsible for the information (usually the seller) completes the disclosure and signs attesting the information is accurate.

6b. Receipt acknowledgment

The receiving party (usually the buyer) signs acknowledging they received the disclosure. Acknowledgment does not mean agreement — it means receipt within the required window so the disclosure cannot later be claimed as not delivered.

6c. Best practice: e-signature with timestamps

Use the agent's e-signature platform (see E-Signature Template Management) for all disclosure signatures. Platforms provide:
- Audit trail with timestamps
- IP address of signer
- Certificate of completion as a standalone PDF

This documentation matters if there is ever a question about when a disclosure was delivered. A PDF with handwritten signatures and no timestamp is weaker evidence than an e-signature certificate.

6d. If a disclosure is unsigned past the deadline

Follow this escalation pattern:

1. Day after deadline: Polite reminder via agent's preferred channel: "Quick follow-up on [Disclosure] — I haven't seen the acknowledgment come back yet. Let me know if you need a new link or help opening it."
2. Three days past: Second reminder + agent notification: "Per our records, [Disclosure] is 3 days past the acknowledgment deadline. Any issues?"
3. Five days past: Escalate to agent per Section 8.

---

7. Attorney States

In attorney states, the closing attorney often coordinates disclosure compliance as part of their closing workflow. The VA's role adjusts.

7a. Attorney-state list

Per Build Standards: Attorney states (confirm with agent; list may not be exhaustive):

• Massachusetts
• Georgia
• New York
• South Carolina
• Connecticut
• Vermont
• Delaware
• West Virginia
• Kentucky
• Louisiana
• New Hampshire
• Maine
• Rhode Island

Other states may require attorneys for specific functions (e.g., deed preparation) without being full attorney-closing states. Confirm with the agent exactly how their state operates.

7b. VA adjustments in attorney states

• Disclosure-related communications often go to the closing attorney, not directly to the title or escrow company
• Confirm with the agent during onboarding: which disclosures does the attorney handle, and which does the VA handle?
• Typical split:
• VA handles: Seller property disclosure, lead-based paint disclosure, agency disclosure, state-specific disclosures that live in the purchase agreement package
• Attorney handles: Title-related disclosures, deed preparation, closing documents, some state-specific disclosures that the attorney prepares

7c. Attorney communication protocol

• VA's point of contact is the attorney (or their paralegal/assistant), not directly the other side's client or counsel
• Confirm with the agent how attorney communications should be routed — many agents prefer all attorney contact go through them
• Log attorney-delivered disclosures in the transaction tracking table even if the attorney collected them

---

8. Escalation — When to Escalate Immediately

Disclosure compliance gaps can jeopardize a transaction. Escalate to the agent immediately if:

• A required disclosure is past its delivery deadline and the VA's reminder attempts have not resulted in action
• A disclosure reveals content the agent needs to know — a material defect, an unexpected party (POA, trust), or a claim that contradicts the agent's understanding of the property
• A signature fraud or forgery concern — a signature appears irregular, or a party denies signing a disclosure that shows as signed
• State-law deadline conflict — the contract specifies a delivery deadline that doesn't match state law's required window
• Attorney non-responsiveness — in an attorney state, the attorney is not responding to disclosure coordination requests and closing is approaching

Use this escalation template:

Hi [Agent Name] — disclosure compliance issue on [Property Address]:

Issue: [One sentence — e.g., "Seller's Property Condition Disclosure has not been acknowledged by the buyer within the 5-day contract window; today is day 7."]
Impact: [Specific — e.g., "Buyer may claim the acknowledgment deadline was missed; this could affect the buyer's cancellation rights."]
Steps taken: [Brief list — e.g., "Sent reminder to buyer's agent on day 3 and day 5; left voicemail today."]
What I need from you: [Specific direction — e.g., "Can you reach out to the buyer's agent directly to confirm the delay?"]

Tracking table updated with timestamps.

[VA Name]

If agent is unreachable within 2 business hours on an urgent disclosure gap near a deadline:
1. Continue to document every contact attempt with timestamps
2. Do not take unilateral action to "fix" the gap (e.g., do not re-send, re-sign, or back-date anything)
3. Log the issue with full context so the agent has a clean audit trail when they respond

---

9. Completion Checklist

State matrix (onboarding or annual)
- ☐ State-specific disclosure matrix built and signed off by agent
- ☐ Attorney-state role confirmed (or confirmed not applicable)
- ☐ Disclosure forms linked to e-signature templates (per E-Signature Template Management)

Per-transaction — listing side
- ☐ Pre-listing disclosures prepared before listing goes active
- ☐ With-contract disclosure package assembled within required window
- ☐ Every disclosure logged in the disclosure tracking table
- ☐ Every disclosure filed in the TMS with correct naming
- ☐ Every acknowledgment received and logged
- ☐ Before-closing disclosures tracked on transaction deadline tracker

Per-transaction — buyer side
- ☐ Agency disclosure signed and filed
- ☐ Receipt acknowledgments returned for every seller-provided disclosure
- ☐ Any buyer-provided disclosures (pre-approval letter, etc.) filed
- ☐ Buyer acknowledgments for lead-based paint, state hazards, etc.

Pre-closing verification
- ☐ Every row in the disclosure tracking table shows Filed = Y
- ☐ No acknowledgment is outstanding within 5 business days of closing
- ☐ Before-closing disclosures (smoke detector, septic, etc.) complete
- ☐ Attorney (if applicable) has confirmed no outstanding disclosure issues

Post-closing
- ☐ Complete disclosure package retained per brokerage retention policy
- ☐ Disclosure tracking table finalized and archived with the transaction

---

10. Tools & Access

Item	Details
State-specific disclosure matrix	[Stored in operations folder — [State] Disclosure Matrix.md; confirm during onboarding]
E-signature platform and templates	Per E-Signature Template Management
Transaction management system	[Confirm per Transaction Management System Setup]
Disclosure tracking template	[Shared template in operations folder; confirm location during onboarding]
Agent's state association forms library	[Confirm during onboarding — CAR, NVAR, TREC, etc.]
Local MLS board forms	[Confirm during onboarding]
Closing attorney contact (attorney states)	[Confirm during onboarding for attorney-state transactions]
EPA lead-based paint pamphlet	["Protect Your Family from Lead in Your Home" — current PDF in operations folder]
Agent's preferred urgent channel	[Confirm during onboarding]