What Is a Disclosure Statement?

finance investing

A disclosure statement is a statement written in plain language which is easy to understand. The statement provides disclosures of information which may be relevant or important. Disclosure statements are used in a wide range of contexts, from statements of bias provided by researchers when submitting material for publication in a scholarly journal to the disclosure statements which may be mandated by law when people open certain types of retirement accounts, such as IRAs. When a disclosure statement is provided, people should take the time to read it, because it is being provided for a reason, and failure to read the statement could expose someone to problems in the future.

In the financial world, disclosure statements are used to provide information to people who are about to embark on financial contracts so that they clearly understand what is involved in the contract. Classic examples of disclosure statements are those which are sent out before loans can be originated, and those which accompany the opening of retirement accounts. These disclosure statements must be issued before arrangements are finalized so that people have an opportunity to revoke or cancel arrangements if they learn about something important in the disclosure statement.

When disclosure statements are required by law, people may also be asked to sign forms indicating that they have read and understood the statement. It is important to carefully review a disclosure statement and to ask for clarification on any points which are confusing before signing such a release, even if someone is being pressured to sign the release and get the transaction over with. Failure to exercise due diligence may mean that people do not have legal recourse if problems related to the contract develop.

Disclosure statements are also used in real estate transactions. A property disclosure statement must be provided by a seller in many areas of the world when a property enters escrow. The seller must disclose any problems he or she is aware of in connection with the property, such as the presence of known toxins, faulty wiring, and other issues. If the seller does not disclose a problem and a buyer can prove that the seller was aware of the issue, there can be legal consequences.

In areas where a disclosure statement is required by law, it is typically printed out on a form. Using a form ensures that all of the legally required information is present, and helps people interpret the statement by presenting it in a standardized way.

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Written by S.E. Smith


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