Selling a home
Seller Disclosures in California: What You Tell the Buyer
The disclosures California home sellers give buyers, when they're due, and why telling more protects you.
What do you have to disclose when you sell a house in California?
California asks sellers to tell buyers what they know about the home. Some of that goes on set forms. Some of it is a broader duty. You disclose any fact you know that materially affects the home's value or desirability.
The main pieces on a typical sale:
- The Transfer Disclosure Statement (TDS)
- A seller questionnaire with more detailed questions
- The Natural Hazard Disclosure
- Lead-based paint disclosure for homes built before 1978
- The Megan's Law database notice
- Smoke alarm, carbon monoxide and water heater statements
- HOA documents, if there's an HOA
This page is general information, not legal advice. Your situation may call for an attorney, especially in a probate, trust or divorce sale.
What is the Transfer Disclosure Statement (TDS)?
The TDS is the core disclosure form. California Civil Code section 1102 requires it on most sales of homes with one to four units. Section 1102 also says any waiver of these requirements is void.
On the TDS you list what comes with the home and whether it works. You also note defects you know about in the roof, walls, foundation, plumbing, electrical and other parts. Then you answer questions about things like additions without permits, flooding, soil problems, neighborhood noise and HOA issues. Your agent and the buyer's agent each add what they saw on a visual inspection.
Some sales are exempt from the TDS form. Section 1102.2 lists court-ordered transfers and many sales by an executor or trustee. Even then, known material facts generally still must be disclosed. Our probate and trust page explains the exception for some revocable trusts.
What is the Seller Property Questionnaire?
The TDS form is set by law and its questions are broad. Many California sales also use a seller questionnaire from the California Association of REALTORS®. It asks more pointed questions about past repairs, insurance claims, pets, leaks, neighbor disputes, lawsuits and more.
Whether you use it depends on your purchase contract. When it's used, answer each question from what you know. "I don't know" is a fair answer when it's true. A guess that turns out wrong is worse than saying you don't know.
What does the Natural Hazard Disclosure cover?
Civil Code section 1103 requires sellers to disclose whether the home is in certain mapped hazard zones. There are six:
- A FEMA special flood hazard area (Zone A or V)
- An area of potential flooding from a dam failure
- A very high fire hazard severity zone
- An earthquake fault zone
- A seismic hazard zone
- A state responsibility area for wildland fire
Most sellers order a Natural Hazard Disclosure report from a company that checks the maps for the parcel. Escrow usually orders it. Your contract says who pays.
A zone on the report can affect the buyer's insurance and loan. Our guides on flood zones and flood insurance and homeowners insurance and wildfire explain what buyers will ask.
What other disclosures are required: lead paint, Megan's Law, smoke alarms and water heaters?
Lead-based paint. For homes built before 1978, the EPA says sellers must give the buyer its lead pamphlet and disclose what they know about lead paint (page updated May 27, 2026). Sellers also hand over any reports they have and include a Lead Warning Statement in the contract. Buyers get 10 days to test, unless they agree in writing to change or waive it. Sellers keep a signed copy for three years.
Megan's Law notice. Civil Code section 2079.10a requires sale contracts for one to four units to include a notice about the state's online sex offender database. Once that notice is given, the seller and brokers generally don't have to give more information about nearby registrants.
Smoke alarms. Health and Safety Code section 13113.8 says a one- or two-unit home sold must have an operable smoke alarm. The seller gives the buyer a written statement that the home complies.
Carbon monoxide. Health and Safety Code section 17926 requires carbon monoxide devices in homes with a gas appliance, a fireplace or an attached garage. The TDS form asks about them.
Water heater. Health and Safety Code section 19211 requires water heaters to be braced or strapped for earthquakes. The seller certifies that in writing to the buyer.
Do you have to disclose a death in the house in California?
Civil Code section 1710.2 says a seller and agents don't have to disclose a death on the property that happened more than three years before the buyer's offer. That includes how the death happened. It also says no one has to disclose that a past occupant had HIV or died of AIDS-related causes.
Two limits matter:
- A death within the last three years isn't covered by that rule. If it would matter to a buyer, disclose it. Ask your attorney if you're unsure.
- If a buyer asks you directly about deaths on the property, the law doesn't protect an intentional misstatement. Don't lie.
The section also doesn't change the duty to disclose the home's physical condition. If a death left damage, that damage gets disclosed. For a parent's home, our inherited home checklist helps you gather what you'll need.
What HOA documents does a seller have to give the buyer?
Civil Code section 4525 lists the HOA documents a seller provides as soon as practicable before closing. They include:
- The governing documents, such as the CC&Rs, bylaws and rules
- The budget and reserve information
- A statement of current dues, special assessments and any unpaid amounts or fines
- Notices of unresolved violations
- Any approved increases not yet due
- Any rule that limits renting
- Board minutes from the past 12 months, if the buyer asks
The association prepares most of them, and Civil Code section 4530 lets it charge the seller a reasonable fee based on its actual cost. Order them as soon as you list. Our HOA guide has more.
When are disclosures due, and can the buyer cancel?
Civil Code section 1102.3 says the TDS goes to the buyer as soon as practicable before title transfers. Your purchase contract usually sets a deadline in days after acceptance.
If the TDS, or a material change to it, arrives after the buyer's offer, the buyer can cancel in writing. Section 1102.3 gives them three days after delivery in person. They get five days after it's mailed, or after electronic delivery if both sides agreed to sign electronically.
That's why we prepare disclosures before the home goes live. A buyer who reads everything before writing an offer has nothing new to cancel over later.
Why does telling the buyer more protect you?
Many disputes after a sale come down to one question. Did the seller know about the problem and not say so?
When you disclose it, the buyer can't later say they didn't know. They can price it into their offer, inspect it or walk away before closing. Any of those is better than a claim after you've moved.
A few habits that help:
- Write down past repairs, leaks, claims and permits before you fill out the forms.
- Attach reports you have, such as old inspections or a roof bid.
- If you aren't sure whether something matters, disclose it.
- Update the buyer in writing if something changes during escrow.
Do you still have to disclose if you sell as-is?
Yes. Selling without repairs means the buyer takes the home in its current condition. It doesn't mean the buyer takes it without knowing what you know.
California Civil Code section 1102.1 says delivery of the TDS can't be waived in an as-is sale. Your duty to disclose known material facts stays in place too. Our selling without repairs page compares your choices side by side.
How do you get started on your disclosures?
We sit down with you before the home is listed and go through every form in plain words. You tell us what you know. We help you put it on paper clearly and gather the reports that back it up.
Send us a note or call Maggie at (916) 549-3131. Our guide to inspections when selling pairs well with this one. The free Home Seller's Guide covers the whole process.
Frequently Asked Questions
Can a buyer waive the Transfer Disclosure Statement?
No. California Civil Code section 1102 says a waiver of these requirements is void, and section 1102.1 says the TDS can't be waived in an as-is sale.
Do I have to disclose a death in my house?
California Civil Code section 1710.2 says you don't have to disclose a death that happened more than three years before the offer. It doesn't protect an intentional misstatement if a buyer asks directly, and it doesn't excuse disclosing physical damage.
Do probate and trust sales need disclosures?
Many are exempt from the TDS form under Civil Code section 1102.2, with an exception for some revocable trusts. Known material facts generally still must be disclosed. Ask the estate's attorney what applies.
How long does a buyer have to cancel after getting disclosures?
Under Civil Code section 1102.3, if the TDS arrives after the offer, the buyer has three days after delivery in person, or five days after mailing or agreed electronic delivery, to cancel in writing.
Is lead paint disclosure required on every home?
It applies to homes built before 1978. The EPA requires the seller to give its pamphlet, disclose what they know, provide any reports and give the buyer 10 days to test unless the buyer agrees otherwise.
Who orders the Natural Hazard Disclosure report?
Escrow usually orders it from a company that checks the state and federal hazard maps for your parcel. Your purchase contract says who pays.
What if I don't know the answer to a disclosure question?
Say you don't know. Disclose what you do know, attach any reports you have and avoid guessing.
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