What must a home seller disclose in California?

Is a disclosure form required by law?

Yes. Civil Code § 1102 applies to sales, exchanges, lease-options and similar transfers “of any single-family residential property.” The seller must deliver the completed Transfer Disclosure Statement (TDS) “as soon as practicable before transfer of title” (§ 1102.3(a)). Two rules make the form hard to avoid:

• No waiver. “Any waiver of the requirements of this article is void as against public policy” (§ 1102(c)).
• No “as is” exception. The Legislature stated that the TDS “may not be waived in an ‘as is’ sale” (§ 1102.1(a)).

The buyer’s cancellation clock starts only when the seller’s sections, and the agent’s inspection section if the seller has an agent, are completed and delivered (§ 1102.3).

The buyer’s right to cancel

If the TDS, the hazard statement, or a material amendment to either reaches the buyer after the offer is signed, the buyer may terminate the offer by written notice to the seller or the seller’s agent:

Example. Your offer on a Los Angeles house is accepted, then the seller mails you the TDS. You have five days after mailing to cancel in writing. Handed to you in person, it would be three days.

What the Natural Hazard Disclosure covers

The Natural Hazard Disclosure Statement (NHD), in the version of § 1103.2 in force since January 1, 2025, asks whether the property lies in:

• a FEMA special flood hazard area (any Zone A or V);
• an area of potential flooding on a dam failure inundation map;
• a high or very high fire hazard severity zone;
• a wildland area that may contain substantial forest fire risks;
• an earthquake fault zone;
• a seismic hazard zone (landslide or liquefaction).

The form warns that these hazards “may limit your ability to develop the real property, to obtain insurance, or to receive assistance after a disaster.” For coverage questions, see natural hazards and insurance in California and flood insurance.

Other disclosures California requires

The supplemental tax notice warns that those bills “are not mailed to your lender.” See California property tax.

Deaths on the property. A seller need not disclose a death, or its manner, that occurred more than three years before the buyer’s offer, nor that an occupant had HIV or died of AIDS-related complications (§ 1710.2(a)). The seller may not lie when asked directly about deaths (§ 1710.2(d)).

Exemptions

Section 1102.2 exempts, among others: new subdivision sales covered by a public report; court-ordered and probate sales; foreclosure sales and deeds in lieu; sales by a fiduciary administering an estate or trust; transfers between co-owners, to a spouse or a direct relative, or between spouses in a divorce; and sales to or from a government entity. The trust exemption does not cover a natural-person trustee of a revocable trust who is a former owner or lived there within the past year (§ 1102.2(d)).

What happens if a seller does not disclose?

A missed disclosure does not undo the sale. But a person who “willfully or negligently” fails to perform a duty is liable for the buyer’s actual damages (§ 1102.13; § 1103.13 for the NHD). The list is a floor: it does not limit any duty to disclose “in order to avoid fraud, misrepresentation, or deceit” (§ 1102.8). A seller is not liable for an error outside personal knowledge that came from a public agency or a licensed expert’s report, if ordinary care was used (§ 1102.4). For the smoke alarm and carbon monoxide rules, the only remedy is actual damages of up to $100, plus court costs and attorney’s fees (Health & Safety Code §§ 13113.8(g), 17926(d)). For disputes, see when to hire a California real estate attorney.

Federal lead-based paint rule (homes built before 1978)

For housing built before 1978, the EPA requires the seller, before the buyer signs, to:

• give the pamphlet “Protect Your Family From Lead In Your Home”;
• disclose known lead-based paint and hazards, with available reports;
• include a Lead Warning Statement in the contract.

The buyer gets 10 days for a lead inspection or risk assessment, unless the parties agree otherwise in writing or the buyer waives it. Sellers keep signed copies for three years. None of these forms replaces an inspection: see what a home inspection costs.