What is a seller's disclosure in California?

California seller disclosures explained

California law requires sellers to proactively disclose known material facts about a property. Failing to disclose (even unintentionally) is one of the most common sources of post-closing real estate litigation in California. Here's what sellers are required to provide:

Transfer Disclosure Statement (TDS)

The TDS is the primary disclosure form. Sellers must disclose:

• Known defects in appliances, systems, roof, foundation, plumbing, electrical, HVAC
• Room additions or alterations (permitted or unpermitted)
• Neighborhood nuisances (noise, odors, traffic)
• Any legal actions involving the property
• Deaths on the property within the last 3 years (with exceptions)

Seller Property Questionnaire (SPQ)

An expanded companion to the TDS, the SPQ asks more detailed questions about the property's history, improvements, HOA status, and any known issues.

Natural Hazard Disclosure (NHD)

A third-party report disclosing whether the property is in a:

• Special Flood Hazard Area
• Fire Hazard Severity Zone (very relevant in Shasta County)
• Earthquake Fault Zone or Seismic Hazard Zone
• State Responsibility Area for fire

Additional California-specific disclosures

• Lead-based paint disclosure: required for homes built before 1978
• Megan's Law disclosure: informing buyers of the state sex offender registry database
• Smoke detector and carbon monoxide compliance: sellers must certify compliance
• Water heater bracing: sellers must certify the water heater is properly braced
• HOA documents: if applicable, the full HOA package including financials, rules, and pending litigation

The "as-is" myth

Selling "as-is" in California does not eliminate disclosure requirements. It means you won't make repairs. It does not mean you can hide known defects. Disclosure obligations remain fully in force regardless of the contract terms.

Timing

Disclosures are typically delivered within 7 days of an accepted offer. Buyers have 3 days from receipt (or 5 days if mailed) to cancel the contract based on disclosure review.

Have questions about disclosures on a specific property? We can walk you through the full package.