California Real Estate Disclosures for Home Sellers

California home sellers generally must disclose known material defects and deliver the forms that apply to the transaction. For most one-to-four-unit residential resales, that includes a Transfer Disclosure Statement and Natural Hazard Disclosure, with a federal lead disclosure for most homes built before 1978.

Exemptions exist, and some properties trigger additional forms based on age, location, ownership, or condition. Complete the applicable forms from your actual knowledge and ask your agent or an attorney about anything that does not fit the standard packet.

What California Requires You to Disclose

Start by identifying which rules apply to your property and transfer. A standard packet is a starting point, not proof that every issue has been covered.

An exemption from one form does not remove every other disclosure duty. Have your agent or attorney check the specific exemption rather than assuming that a trust, inherited property or never-occupied rental needs no disclosures.

The Transfer Disclosure Statement

The Transfer Disclosure Statement applies to covered transfers under Civil Code §1102. Certain transfers are exempt under §1102.2, but a seller’s lack of personal occupancy is not, by itself, a blanket exemption. Have the transaction reviewed before omitting the form.

Work through the TDS one subject at a time:

• Systems and condition: Answer the questions about the home’s equipment, structural components and known defects. Explain known repairs or recurring issues where relevant.
• Site and neighborhood: Address the questions about easements, associations, nuisances and other conditions affecting the property.
• Alterations: Describe known additions, improvements and permit issues rather than assuming older work was approved.
• Supporting details: Attach a clear explanation or available report when a checkbox cannot adequately describe a material fact.

Answer from actual knowledge. If you don’t know whether a repair solved the underlying problem, describe the repair and that uncertainty instead of promising a permanent fix.

Agents in covered transactions have their own visual-inspection and disclosure duties. An Agent Visual Inspection Disclosure can document observations, but it does not replace the seller’s disclosure or an appropriate specialist inspection.

The Natural Hazard Disclosure Statement

The Natural Hazard Disclosure addresses specified hazard zones under Civil Code §1103 and related provisions. Its scope and exemptions should be checked separately from the TDS.

A third-party report can help identify mapped flood, fire, and seismic zones for the parcel. Check the correct address and parcel, review the report, and disclose other known material hazards; a map designation is not a complete inspection of the property.

Fire-zone paperwork can go beyond the hazard report

• Older homes in covered zones: For a covered home built before January 1, 2010 in a high or very high fire hazard severity zone, §1102.6f requires additional fire-hardening information. Ask which notice and known vulnerability disclosures apply.
• Defensible space: Civil Code §1102.19 may require documentation of compliance with vegetation-management rules. The applicable local ordinance and availability of a qualifying inspection affect the requirement.
• If documentation is missing: The statute can permit a written buyer-responsibility agreement. Its deadline follows the applicable local rule or, where allowed, is within one year after closing. Have the agent or attorney confirm the correct route before using it.

Lead-Based Paint Disclosure

Most homes built before 1978 have a separate federal packet. Under the HUD and EPA rules, before the buyer becomes obligated, provide:

• Known lead-paint or lead-hazard information and available records or reports.
• The EPA lead-safety pamphlet.
• The required contract warning and disclosure acknowledgments.
• A 10-day opportunity for a lead inspection or risk assessment, unless the parties agree in writing to another period or the buyer waives the opportunity.

If you have no reports or records, say so; that does not establish that the home is lead-free. Keep the signed disclosure for at least three years after the sale.

Testing may lead to a repair, credit or as-is negotiation. Those choices do not replace the federal requirements or any other applicable duties.

For sellers working through the disclosure and repair decision before listing, we walked through what the as-is path typically looks like at selling a house as-is in California, including where the lead paint disclosure fits in that conversation.

Other Disclosures California Sellers Commonly Need

Match the additional documents to the property instead of treating every form as interchangeable:

• Supplemental condition questions: A Seller Property Questionnaire may ask for detail beyond the TDS, including water intrusion or roof history. Answer each question and explain where needed.
• Special taxes and assessments: A Community Facilities District or other assessment can trigger additional notices. Use the current tax bill and applicable documents to confirm the amount and terms.
• HOA property: Obtain the applicable §4525 package, including governing documents, financial and assessment information, insurance and specified litigation disclosures. The 2026 requirements also include the most recent required exterior-elevated-element inspection report, where applicable.
• Safety equipment: Check water-heater, smoke-alarm and carbon-monoxide installation, certification and disclosure requirements for the transfer.
• Recent renovations and other local conditions: Ask whether a recent resale, unpermitted work, industrial nuisance or local ordinance requires additional information.

For homes in Los Angeles wildfire ZIP codes covered by AB 851, a sale before January 1, 2027 can also require a signed buyer/seller attestation about prohibited unsolicited offers. Have escrow or counsel check the address-specific requirement. The DRE’s enacted-law summary explains this and the HOA update.

Deaths on the property

California Civil Code § 1710.2 says an occupant’s death more than three years before an offer is not a material fact that must be disclosed. The statute does not create a blanket written-disclosure rule for every death within three years, so ask a California real estate attorney or licensed agent whether the particular death is material and must be disclosed.

If a buyer asks directly about a death on the property, the seller and agent may not intentionally misrepresent the answer. Separate protections apply to a former occupant’s HIV or AIDS status.

Tobacco and nicotine history

Effective January 1, 2026, Civil Code §1102.6k requires a covered single-family seller to disclose in writing actual knowledge of tobacco or nicotine residue or a history of occupants smoking those products on the property. Smoking includes electronic cigarettes and vaping; the duty is not limited to a visible stain or current odor.

The Megan’s Law Database Notice

A contract for the sale of covered residential real property must carry a Megan’s Law notice. Under California Civil Code section 2079.10a, the contract includes statutory language telling the buyer that information about registered sex offenders is available through the state’s Megan’s Law database, which is searchable by address and ZIP code.

The notice directs the buyer to the database. It does not require the seller or agent to search the neighborhood for the buyer.

As-Is Sales Do Not Exempt You From Disclosures

An as-is term does not exempt a transaction from disclosure law. A covered seller must complete the TDS and disclose known material facts; a statutory exemption depends on the transfer, not on the words as-is. Repair obligations still depend on the agreement and applicable law.

What Happens If Something Is Missed

Deliver the completed California disclosure statement as soon as practicable before title transfers. Do not treat closing as the target delivery date: late delivery or a material amendment can give the buyer a right to terminate.

A dispute can arise after closing. Code of Civil Procedure §338(d) addresses a three-year period for fraud or mistake with a discovery rule. Other claims and deadlines can apply; neither closing nor a particular anniversary guarantees that liability has ended.

Keep a complete disclosure file

1. Gather the reports, invoices and notices behind your answers.
2. Confirm the applicable forms and resolve uncertain material facts with your agent or attorney.
3. Keep the completed packet, attachments and proof of delivery together.
4. If an answer changes, deliver the correction properly and check whether it changes the buyer’s review period.

Disclosure Coordination on an Arcadia Sale

The Ardendale Avenue sale shows why sellers need time to review a packet and question forms that may not fit the property. Sending the standard documents is not the same as confirming each answer.

If the Property’s Condition Is the Issue

Gather inspection reports, repair invoices and treatment records before completing the packet. Give the buyer a clear account of:

• The known problem and affected areas.
• The work performed and any available reports or invoices.
• What remains unresolved or uncertain.

A past repair is not a promise that the problem can never recur.

For condition-specific questions, see our guides to selling with mold history and water-damage disclosure. The relevant facts include the cause, affected areas, work completed, and any remaining uncertainty.

Keep termite inspection and treatment records available, and address title issues with escrow separately from physical-condition disclosures.

A direct buyer may accept a property without seller repairs, while a listing can also be offered as-is. Compare the written terms. Neither route removes applicable disclosure duties.

California Real Estate Disclosures: Common Questions

What disclosures are required when selling a house in California?

The forms depend on the property and whether a statutory exception applies. A typical residential resale may include:

• The Transfer Disclosure Statement.
• The Natural Hazard Disclosure.
• Applicable local or special-tax notices.
• Water-heater and detector certifications.
• An HOA package when the property is in an association.

A seller may also use supplemental forms to explain known conditions. Most pre-1978 housing is subject to separate federal lead-based-paint disclosure requirements.

Do you have to disclose a death on the property in California?

Not every death is automatically treated the same way. Civil Code section 1710.2 says an occupant’s death more than three years before the offer is not a material fact requiring disclosure, while a more recent death may require disclosure if it is material to the transaction.

A seller or agent may not intentionally give a false answer when a buyer asks directly. Because the statute does not impose a blanket written rule for every death within three years, get transaction-specific guidance if this issue applies.

Does selling as-is remove the disclosure requirement?

No. Listing as-is means the seller is not promising to make repairs, not that disclosure duties disappear.

A seller in a covered transaction still completes the Transfer Disclosure Statement accurately and discloses known material facts. The as-is term addresses condition and repair expectations; it does not authorize concealment.

Do you have to disclose registered sex offenders near the property?

The contract for a covered residential sale must include the Megan’s Law notice required by Civil Code § 2079.10a. That notice directs the buyer to California’s searchable database; it does not require the seller or agent to perform the search for the buyer.

What happens if a seller misses a disclosure?

A disclosure dispute can arise after closing. California Code of Civil Procedure § 338(d) generally gives three years for an action based on fraud or mistake, with the claim treated as accruing when the aggrieved party discovers the facts constituting the fraud or mistake.

Other claims and limitation periods may apply, so a seller should not use that rule as a deadline for disclosure. Ask a California real estate attorney how to describe a potentially material defect before listing.

Get a Cash Offer on Your California Home

We consider homes across Los Angeles, San Bernardino, Riverside, San Diego, and Orange counties. To discuss an offer, call (951) 331-3844 or use the site form. A direct sale still requires the disclosures applicable to your transaction.

I’m Andrea Van Soest, co-founder of SoCal Home Buyers and a licensed real estate agent (California DRE #01505854). We’ve completed over 400 transactions since 2008, and I’m happy to walk through what the disclosure situation looks like for your property before you decide anything.