Seller's required disclosures.

December 10,2025 | Posted By Flavia Brown in Real Estate

Seller disclosures -- mandated and others in the purchase agreement. Required by all homeowners before selling a home in California:

+ Transfer Disclosure Statement (TDS) is the most important disclosure (CA Civil Code 1102)
+ Natural Hazard Disclosure (NHD)
+ Statewide Buyer & Seller Advisory (SBSA) (not always required)
+ Seller Property Questionnaire (SPQ)
+ Smoke Detector and carbon monoxide Disclosure Statements
+ Water Heater Disclosure Statement
+ Lead-based Paint Disclosure (if built earlier than 1978)
+ Environmental Safety and Earthquake Disclosure and booklet
+ Preliminary Title Report -- provided by the title company
+ Most cities require a pre-sale inspection report
+ For condo/townhouse owners and other PUDs: Entire HOA packet (CC&Rs, bylaws, reserves, financials, etc.).

An informative disclosures article: https://www.nolo.com/legal-encyclopedia/residential-home-sellers-california-your-disclosure-obligations.html

Tips for fsbos: Visit homesbyflavia.com and click “Blog.” Scroll down to three posts: Fsbo Marketing, For Fsbos – More helpful info, and Fsbos information.

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Required seller disclosures when selling a California residential real estate property -- state-mandated and other disclosures in C.A.R.’s Residential Purchase Agreement (RPA). Note: The purchase agreement is contingent upon buyer’s approval of seller disclosures.

All 1 to 4 units disclosures (California Civil Codes 1102 and 1103). Seller to give buyer: Transfer Disclosure Statement (TDS --- Most important. Scroll down for details), Seller Property Questionnaire (SPQ), Natural Hazard Disclosure Statement (NHD), Notice of or knowledge of release of illegal controlled substance, Notice of special tax and/or assessments, Mello-Roos disclosure if applicable, Knowledge of industrial use and military ordnance location if applicable, If property is in a designated high fire hazard area, City report.

Condo and Townhouse disclosures (California Civil Codes 1102 and 1103). Seller to give buyer: CC&Rs, Bylaws, Reserves statement, Financial report, Disclosure of any pending or anticipated claim or litigation by or against the HOA, A statement containing the location and number of designated parking and storage spaces, Copies of the most recent 12 months of HOA minutes for regular and special meetings, Names and contact information of all HOA officers governing the property, Pet restriction, Smoking restrictions, Seller’s itemized common interest (CI), disclosures received from the HOA and any CI disclosures in seller’s possession, Management company contact information.

The TDS explained:

When sellers get their homes ready to sell, they must be aware of their legal obligation to provide the required paperwork and documents to the buyers.

Section 1102 under the California Civil Code requires sellers of residential real estate to provide buyers with the Transfer Disclosure Statement (TDS) during the contract contingency period, which gives buyers enough time to cancel a contract and retrieve their earnest money deposit (EMD) with no penalties should the transaction fail to satisfy their requirements.

The contract contingency period is meant to protect buyers and minimize the financial risks of buying California real estate property.

The TDS is a document containing multiple pages. It conveys important information, including the major defects.

Any information stated in the TDS can affect the buyer’s decision to move forward with the sale. The document can also be used in court if the buyer sues for non-disclosure.

Only the seller is to complete the TDS form. Agents aren’t allowed to fill in the form, but they can help the seller.

In cases of a debilitating illness, disability, prolonged absences, or other circumstances in which the seller is unable to fill out the form, a trusted family member may do it.

If the buyer decides to cancel the Contract, he/she will have three days to cancel upon receipt of the TDS. If the seller mails the document to the buyer, that window may be extended to five days.

If there are developments in the sale of the home from the date the TDS is completed – like for example, the house sells – you must update the document as soon as possible.

What is included in the TDS:

Part I of the California Disclosures in Real Estate document has four sections:

Seller’s disclosures
Real estate agent’s requirements
Financing requirements
New residential subdivisions

It’s advisable to include the buyer’s inspection and pest control reports in the TDS by checking the appropriate boxes. You should also indicate whether or not you currently reside on the property.

Items, features, and defects

This covers appliances and systems on the property, as well as the property’s structure.
Sellers must indicate whether the property includes a dishwasher, gas or electric range, smoke detectors, a swimming pool, and other items. Also, sellers must indicate where these features are located and whether or not they comply with California laws and other government mandates.

The TDS will ask if water and gas are provided by the city, utilities company, or another source.

The form will also ask if the items listed are in working order – if they are not, you should state this in the form. The form also covers structural integrity. If you are aware of defects in the property, you should describe these defects. Also, sellers should disclose minor or insignificant defects, including raised concrete cracks in the patio and in the front walkway, a sagging section of the fence, and similar issues.

Hazardous materials and other circumstances

Section C of the TDS includes 16 questions about the following issues:

Hazardous construction materials (i.e. lead-based paint, asbestos, etc.)
Condition of the soil
Flooding and drainage
Shared property features (i.e. walls, fences)
Boundary dispute
Neighborhood noise
Additions to the property

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