California has some of the most detailed seller disclosure requirements in the country, and for good reason. Buyers are spending a lot of money, and they are entitled to know about material issues that affect a home’s value or desirability. Getting disclosures right protects you from canceled escrows and lawsuits after closing.
This is a general overview, not legal advice. For your specific property, talk with a real estate attorney or an experienced agent.
Table of Contents
Why Disclosures Matter
In California, sellers must disclose known facts that materially affect the value or desirability of the property. That duty applies whether you sell with an agent, by owner, or as-is. Incomplete forms are one of the most common sources of post-closing disputes.
The Main California Disclosures
- Transfer Disclosure Statement (TDS). A detailed form covering the home’s systems, features, and known defects. The California DRE publishes a consumer guide to disclosures.
- Seller Property Questionnaire (SPQ). Additional questions about repairs, neighborhood issues, and past problems, often used alongside the TDS.
- Natural Hazard Disclosure (NHD). Whether the property is in a flood zone, fire hazard zone, earthquake fault zone, or seismic hazard zone, which is especially relevant in the Santa Cruz Mountains and hillside areas.
- Lead-based paint disclosure for homes built before 1978.
- Smoke and carbon monoxide detector and water heater compliance statements.
- Death on the property within the past three years, with some exceptions.
- Local forms required by certain cities and counties.
Curious about selling your Bay Area home off-market?
All that hassle can add stress, months to the process, and in the end after paying the agent’s expensive fees, you may or may not be ahead of the game.
Request a Ballpark Offer!
Fill out this form to request a quick, no-obligation Ballpark Offer on your home – right over the phone. Get a price range for a quick off-market sale
- Get a ballpark offer over the phone or even via text message
- No visit to your home is required
- There’s absolutely no obligation
- Get a solid idea what you can sell for quick, quietly, off-market
Common Items Sellers Overlook
- Past water leaks or mold, even if repaired
- Unpermitted additions or garage conversions
- Neighbor disputes, easements, or shared driveways
- HOA issues or special assessments
- Pest damage or prior treatments
- Insurance claims or roof repairs
Disclosures When Selling As-Is
Selling as-is means the buyer accepts the home in its current condition, but it does not remove your duty to disclose what you know. In fact, thorough paperwork makes an as-is sale smoother because the buyer is not surprised later. Some transfers, such as certain trustee and court-supervised probate sales, are exempt from the TDS, but other forms still apply. If you are settling an estate, see selling an inherited house.
Tips for Getting Disclosures Right
Fill out each form carefully and honestly, gather repair receipts and permits, and consider pre-listing inspections so there are fewer unknowns. When in doubt, disclose. If you would rather avoid repairs altogether, our network buys homes as-is and handles the paperwork through a neutral title company.
Frequently Asked Questions
What disclosures are required when selling a house in California?
Common required disclosures include the Transfer Disclosure Statement, Natural Hazard Disclosure, lead-based paint disclosure for homes built before 1978, smoke and carbon monoxide detector and water heater compliance, and disclosures about deaths on the property within three years. Many sellers also complete the Seller Property Questionnaire.
Can I sell a house as-is without disclosures in California?
No. Selling as-is means you are not making repairs, but you still must disclose known material facts. Some transfers, like certain court-ordered or trustee sales, are exempt from the Transfer Disclosure Statement, but other disclosures may still apply.
What happens if I forget to disclose something?
Failing to disclose a known material defect can lead to the buyer canceling, demanding compensation, or suing after closing. When in doubt, disclose.
Do I have to disclose repairs I already made?
Often, yes. If a past problem could still matter to a buyer, such as prior water intrusion or foundation work, disclose it along with what was done and any permits or warranties.
Want to see what a fast, private sale could look like for your home? Request a Quick + Easy Offer or call us at (408) 413-3087. There is no obligation, and you choose the timeline.
