California Seller Disclosures, Explained in Plain English

Quick answer: When you sell a home in California, you have to tell the buyer what you know about the property's condition and certain outside risks. Most sellers fill out a Real Estate Transfer Disclosure Statement (TDS), receive a Natural Hazard Disclosure (NHD) report, and give a few other notices, such as the lead-based paint disclosure for homes built before 1978. Selling "as-is" doesn't remove these duties. The simple rule: if you know about it, disclose it, in writing.

Here's what each disclosure is, in plain English, and how to get them right.

1. The Transfer Disclosure Statement (TDS)

The TDS is the main disclosure form for most home sales in California (Civil Code Section 1102 and following; the form is in Section 1102.6). It's a checklist of the home's features and their condition, plus questions about things like:

• Roof leaks, water damage, mold, or flooding.
• Room additions, structural changes, or other work done without the necessary permits.
• Foundation, settling, or soil problems.
• Neighborhood noise or nuisances, and any lawsuits that affect the property.
• HOA membership and any shared areas, like walls or driveways.

Answer based on what you actually know. You don't have to hire inspectors to fill it out, but you can't leave out problems you're aware of. If you're unsure about an item, say so, and explain what you know.

Timing matters. If the buyer receives the TDS after they've signed the purchase agreement, they can cancel within 3 days of receiving it in person, or 5 days if it's mailed (Civil Code Section 1102.3). Getting your disclosures done early avoids a deal falling apart late.

2. The Natural Hazard Disclosure (NHD)

The NHD tells the buyer whether the property is in certain mapped hazard zones (Civil Code Section 1103 and following), including:

• A FEMA special flood hazard area.
• An area of potential flooding from dam failure.
• A very high fire hazard severity zone.
• A state fire responsibility area (wildland area).
• An earthquake fault zone or a seismic hazard zone.

You don't figure this out yourself. Most sellers order an NHD report from a third-party company, often through escrow. In and around Simi Valley, with its hillsides and open space, fire zone results are common, so expect buyers to ask about them.

3. Lead-Based Paint (Homes Built Before 1978)

If the home was built before 1978, federal law requires you to disclose any known lead-based paint or lead hazards, share any reports you have, give the buyer the EPA's lead safety pamphlet, and give them a chance (usually 10 days) to do a lead inspection. Many Simi Valley homes from the 1960s and early 1970s fall into this group.

4. Safety Items the Buyer Will Ask About

• Smoke and carbon monoxide alarms. California requires working smoke alarms and, in homes with a fuel-burning appliance or attached garage, carbon monoxide alarms. Sellers typically confirm compliance in writing (Health and Safety Code Sections 13113.8 and 17926).
• Water heater bracing. Water heaters must be braced, anchored, or strapped to resist falling in an earthquake, and sellers certify this (Health and Safety Code Section 19211).
• Earthquake safety. For many homes built before 1960, sellers give the buyer the state's Homeowner's Guide to Earthquake Safety and disclose known earthquake weaknesses.

5. Other Disclosures That Come Up

• HOA documents. If the home is in an HOA, you'll provide the governing documents, budget, and other records the law requires. Request them early; they can take time.
• A death on the property. California requires disclosure of a death on the property within the last three years (Civil Code Section 1710.2). Older events don't have to be volunteered, but never give a false answer if a buyer asks directly.
• Anything material. Beyond the forms, California sellers must disclose known facts that significantly affect the home's value or desirability. When in doubt, disclose.

6. Selling As-Is, a Trust, or an Inherited Home

Selling "as-is" means you won't make repairs. It doesn't mean you can skip disclosures. Buyers still need to know what you know.

Some sales by an executor, administrator, or trustee are exempt from the TDS form itself (Civil Code Section 1102.2), but other disclosures, like the NHD, usually still apply, and you still can't hide known problems. If you're settling an estate, see Inherited a house in Ventura County? Your first 30 days.

How to Make Disclosures Easy

1. Start early. Fill out disclosures before you list, not after you get an offer.
2. Gather records. Permits, repair invoices, warranties, inspection reports, and HOA documents.
3. Walk the house. Note anything you've fixed or noticed over the years. Disclosing a past repair, with the invoice, builds buyer trust.
4. Ask when unsure. We'll walk through every form with you, and for legal questions, talk with a real estate attorney.

Getting your home ready too? Start with our 30-day checklist to get your Simi Valley home ready to sell.

Frequently Asked Questions

What disclosures does a California home seller have to give?
Most sellers provide a Transfer Disclosure Statement, a Natural Hazard Disclosure, and other required notices, such as the lead-based paint disclosure for homes built before 1978 and confirmations about smoke and carbon monoxide alarms and water heater bracing.

Do I have to disclose if I'm selling as-is?
Yes. Selling as-is means you won't make repairs, but you still have to disclose what you know about the property.

What happens if a seller doesn't disclose a known problem?
A seller who hides a known problem can face claims from the buyer after the sale. Disclosing up front protects you.

Can a buyer cancel after getting the disclosures?
If the buyer gets the Transfer Disclosure Statement after signing the contract, they have 3 days (or 5 days if mailed) to cancel. Purchase contracts also usually give buyers time to review disclosures and reports.

Who prepares the Natural Hazard Disclosure?
Usually a third-party NHD company, ordered by the seller or through escrow.

Related Articles

• Get Your Simi Valley Home Ready to Sell: 30-Day Checklist
• Inherited a House in Ventura County? Your First 30 Days

Thinking About Selling?

We'll walk through your disclosures with you, line by line, before you list, so there are no surprises in escrow. No pressure. Schedule a call or call or text 805-424-6226.

Sources

• California Civil Code Sections 1102 to 1102.6 (Real Estate Transfer Disclosure Statement), 1102.2 (exemptions), and 1102.3 (delivery and cancellation).
• California Civil Code Section 1103 and following (Natural Hazard Disclosure).
• California Civil Code Section 1710.2 (deaths on the property).
• California Health and Safety Code Sections 13113.8, 17926, and 19211 (smoke alarms, carbon monoxide alarms, water heater bracing).
• U.S. EPA, Real Estate Disclosures about Potential Lead Hazards (homes built before 1978).

Steve Hise and Tricia Garcia, Real Estate Toolbox at eXp Realty
Steve Hise CA DRE #01702055 | Tricia Garcia CA DRE #02032007

This article is general information, not legal advice. Disclosure rules change and every property is different; talk with a real estate attorney about your situation.