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
California’s disclosure requirements go further than most states, and the forms that go out with a standard residential sale reflect that. The package I prepare starts with the Transfer Disclosure Statement and the Natural Hazard Disclosure.
Pre-1978 homes get a federal lead paint form added on top. Most of the forms in the stack come from California Civil Code, and a few come from federal law.
The Transfer Disclosure Statement
Most standard residential resales I handle start with the TDS. Under California Civil Code § 1102, sellers go through the property condition from their own knowledge and document what they’re aware of.
You go through the major systems of the house on the form, noting the condition of each one and anything that’s been repaired or had known issues while you owned the property.
There’s a neighborhood and site section on the same form too. If there’s an HOA or known easements on the property, those go in that section, along with any additions or improvements made to the house.
The statutory TDS does not contain a dedicated question labeled “mold” or a general question asking for every insurance claim. Known leaks, flooding, drainage problems, environmental hazards, defects, and other material facts still need to be addressed in the applicable questions or an attached written disclosure.
The key word on the TDS is “known.” Sellers get surprised sometimes to realize the form is only asking for their existing awareness of the property’s condition.
If the buyer’s agent or the listing agent spotted something during their visual walkthrough that wasn’t on the seller’s TDS, they fill out a form called the Agent Visual Inspection Disclosure. That goes to the buyer alongside the seller’s disclosure packet.
The Natural Hazard Disclosure Statement
Right alongside the TDS, I order a Natural Hazard Disclosure Statement on every sale I handle. Under California Civil Code § 1103, sellers are required to tell buyers whether the property sits in any state-designated hazard zones.
The parcel data drives the NHD rather than the seller’s personal knowledge, so flood zones, fire hazard severity zones, and earthquake fault designations show up based on what the map says about that specific parcel. I order it through a third-party disclosure company, usually bundled with tax and environmental disclosures.
If the property sits in a covered fire, flood, or earthquake hazard zone, that designation goes to the buyer through the applicable natural-hazard disclosure. For property in a high or very high fire hazard severity zone, California Civil Code § 1102.19 may require defensible-space compliance documentation.
If the seller has not obtained the documentation described in the statute, the seller and buyer may instead use a written agreement that makes the buyer responsible for obtaining it under the applicable local rule or, where the statute permits, within one year after closing. The exact requirement depends on the jurisdiction and whether a qualifying inspection is available.
Lead-Based Paint Disclosure
Homes built before 1978 come with a federal disclosure requirement added to the California stack. The HUD and EPA rules require sellers to disclose known lead-based paint information and provide buyers with the EPA pamphlet on lead in the home before the buyer becomes obligated under the sale contract.
Before becoming obligated under the contract, the buyer generally receives a 10-day opportunity to conduct a lead inspection or risk assessment, although the parties may agree in writing to a different period and the buyer may waive the opportunity. If the seller has no reports or records, the form should say that rather than guessing about whether lead is present.
Older paint may contain lead even when later coats cover it. When testing identifies lead, the parties can negotiate repairs, a credit, or an as-is sale, but the federal disclosure and buyer-opportunity requirements still apply.
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
Most standard transactions have several more forms beyond the TDS and NHD, and what gets added depends on the property itself and where it sits.
Most transactions also include a Supplemental Seller Property Questionnaire, which is a separate form from the TDS that goes into more detail on specific issues including water intrusion history, roof condition, and defects the seller is aware of. I’ve seen sellers treat it as redundant to the TDS and rush through it, which is where the liability exposure comes from, since the SPQ is often what the buyer’s attorney looks at first when a post-closing dispute involves something the seller should have known.
A Mello-Roos or special assessment disclosure may be required when the property sits in a Community Facilities District. The amount and remaining term are property-specific, so the seller and escrow should use the current tax bill and applicable disclosure documents.
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.
If the property is part of an HOA, the seller generally must provide the documents required by Civil Code § 4525. The package can include governing documents, financial information, assessments, insurance information, and specified litigation disclosures, while the contract and delivery date affect the buyer’s review rights.
California law also requires seller certifications concerning water-heater bracing and smoke and carbon-monoxide devices for covered residential transfers. A separate disclosure effective January 1, 2026 addresses a seller’s actual knowledge of tobacco or nicotine smoke residue in a residential property.
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 statutory notice directs the buyer to the database; it does not require the seller or agent to search the neighborhood for the buyer. The sales contract for covered residential property must contain the notice language required by Civil Code § 2079.10a.
As-Is Sales Do Not Exempt You From Disclosures
I get this question from sellers fairly regularly, and the short answer is that listing as-is means no repair commitment before closing, not that the disclosure requirement drops away. A seller going as-is still fills out the TDS with everything they know about the property’s condition, and the as-is designation is what they’re communicating about what they plan to do with that information, not whether they disclose it.
What Happens If Something Is Missed
I always tell sellers to fill the TDS out carefully, and I’ve had the post-closing calls that come out of leaving something off. If the TDS is delivered after the buyer signs the offer, Civil Code § 1102.3 generally gives the buyer three days after personal delivery or five days after delivery by mail to terminate, with electronic-delivery and contract terms requiring separate review.
I’ve walked sellers through situations where a defect surfaced two years after close and the buyer still had a live claim. Under California Code of Civil Procedure § 338(d), the fraud statute of limitations runs from when the buyer discovers the problem, not from the close date, and most sellers assume the opposite going in.
The sellers I’ve seen try to hedge on the TDS with vague language and expect that to hold up have generally found it doesn’t. If there’s any question about whether something rises to the level of a material defect, talking to an attorney before listing is considerably easier than working out the answer after escrow closes.
A Property We Bought in Arcadia
Ardendale Avenue, Arcadia
In September 2025, we bought Ardendale Avenue in Arcadia for $925,000. It was a long-held property with an owner living outside the area.
The 1957 build date put the federal lead paint disclosure on top of the standard California forms, and by the time we had everything together the package ran to six separate forms.
She asked to see blank copies of everything before signing, having never been through a formal sale and wanting to understand what she was putting her name on before she signed anything. We walked through the full package together rather than sending it cold, and the lead paint section took the longest.
She returned everything completed, with the Mello-Roos form marked not applicable, and we closed in September 2025.
If the Property’s Condition Is the Issue
Most sellers work through the TDS in a single sitting once I’m walking through it with them. What takes longer is sitting with the implications, because what goes on those forms shapes the buyer pool.
I’ve had sellers with mold history or water damage sit with that for a while before deciding how to characterize it, and once it’s disclosed they tend to see a narrower set of buyers willing to move forward. We put together a walkthrough on each of those situations at what mold history means for your sale and at navigating a water damage disclosure.
The questions about termite treatment records and title complications came up often enough in follow-up conversations that we put together dedicated pieces at how termite treatment history affects a sale and at title issues that can complicate a California closing.
On deals where the disclosed condition makes a traditional listing feel like the harder path, I’ve watched a lot of sellers end up in the cash buyer conversation. We buy properties in those situations regularly, and we’re one option among several.
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, Natural Hazard Disclosure, applicable local or special-tax notices, water-heater and detector certifications, and 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 buy homes directly from sellers across Los Angeles, San Bernardino, Riverside, San Diego, and Orange counties. If the disclosures on your property are making a traditional listing feel complicated, or you’d rather skip the listing process entirely, give us a call at (951) 331-3844 or fill out the form on the site.
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.
