California Seller Disclosures: What Homeowners Should Prepare

Dec 12, 2026 · By Oanh Nguyen · Broker & Loan Officer · Selling

If you're selling a home in California, disclosures are one of the most important parts of the process. They're also one of the most misunderstood.

Some sellers worry that disclosing too much will scare buyers. In my experience, the opposite is usually true. Clear, complete disclosures build buyer confidence, reduce surprises in escrow and help protect you after the sale.

In this post, I'll explain the purpose of disclosures, the common forms many sellers complete, how to gather your property history, how to handle known issues and permits, when disclosures are due and when to get legal advice.

This post is general information, not legal advice. Disclosure rules can be complex, exemptions exist and every property is different. For legal questions about what you must disclose, talk with a real estate attorney.

Why Disclosures Matter

California law generally requires sellers to disclose known facts that materially affect a property's value or desirability. Disclosures give buyers the information they need to make an informed decision.

For you as a seller, good disclosures:

• Build trust. Buyers who feel informed are more confident.
• Reduce renegotiation. Fewer surprises during inspections.
• Lower your risk. Failing to disclose a known issue can lead to disputes after closing.
• Keep escrow on schedule. Late or incomplete disclosures can delay deadlines.

When in doubt, the safer path is usually to disclose and explain. But ask a real estate attorney about specific questions.

Common Disclosure Forms

Not every form applies to every sale, and some transfers are exempt from certain requirements. Common disclosures in California home sales include:

Transfer Disclosure Statement (TDS)

Required for many residential sales under California Civil Code section 1102 and following. You describe the home's features and condition and note known problems.

Natural Hazard Disclosure (NHD)

Under Civil Code section 1103 and following, sellers disclose whether the property is in certain mapped hazard zones, such as flood, fire or earthquake fault zones. Sellers often order a report from a third-party provider to complete it.

Seller Property Questionnaire

Many transactions using California Association of REALTORS® forms include a detailed questionnaire about the property's history, repairs, neighborhood conditions and more.

Lead-based paint disclosure

For most homes built before 1978, federal law requires sellers to disclose known lead-based paint and hazards, provide an EPA pamphlet, include a warning statement in the contract and give buyers an opportunity to inspect. The EPA explains these requirements.

Earthquake safety

California's Seismic Safety Commission publishes The Homeowner's Guide to Earthquake Safety. Sellers of certain older homes have specific requirements, and buyers often receive the guide. Water heater bracing is one item the guide notes for sellers.

Smoke and carbon monoxide detectors

Sellers often provide a statement about compliance with state rules for smoke alarms and carbon monoxide detectors.

Megan's Law notice

Purchase contracts typically include a notice about the California Megan's Law database, which buyers can check.

HOA documents

If the home is in an HOA, sellers provide governing documents, budgets, financial statements and other items.

Local disclosures

Some cities and counties have their own disclosure requirements or forms.

Your agent will help you identify which forms apply to your sale.

Gather Your Property History

Good disclosures start with good records. Before you list, gather:

• Purchase documents from when you bought, including the disclosures you received.
• Repair and remodel records, with dates and contractors.
• Permits and final sign-offs for any work.
• Inspection reports from past purchases, refinances or your own inspections.
• Insurance claims you've filed on the property.
• Warranties for roof, appliances, HVAC or solar.
• HOA records, if any.
• Notices from the city, HOA or neighbors about violations or disputes.

Known Issues

Think about everything you know about the property, including things that were fixed.

Common categories:

• Water: leaks, flooding, drainage, mold.
• Structure: foundation cracks, settling, roof problems.
• Systems: plumbing, electrical, heating, sewer.
• Pests: termites, rodents.
• Neighborhood conditions: noise, disputes, nearby construction you know about.
• Legal: boundary disputes, easements, liens, lawsuits.
• Past repairs: what was fixed, when and by whom.

Disclose repaired issues too, with details about the repair. A past leak that was fixed properly, with receipts, is far better disclosed than discovered.

If you're unsure whether something should be disclosed, ask your agent, and talk with a real estate attorney.

Permits

Permits matter for disclosures, appraisals and buyer confidence.

• Look up your permit history with the city's building department.
• List any work done without permits that you know about.
• Note additions, garage conversions or ADUs, and their permit status.

Unpermitted work doesn't always stop a sale, but it needs to be handled honestly. Sometimes the answer is to permit the work. Sometimes it's to disclose it and price accordingly. Talk with me early, and consult an attorney if needed.

Pre-Listing Inspections

Many sellers order inspections before listing, such as a home, pest or roof inspection.

Benefits:

• You learn about issues before buyers do.
• You can fix them, price for them or disclose them up front.
• Buyers can review reports before writing offers, which can lead to cleaner offers.

Remember: once you know about an issue from an inspection, it's part of what you know, and it should be disclosed.

Timelines

Your purchase contract sets the deadline for delivering disclosures, usually within a set number of days after acceptance. Buyers then have a period to review them.

Best practice: Prepare disclosures before you list. That way:

• Buyers can review them before writing offers.
• Your escrow starts on time.
• You have time to think through answers carefully instead of rushing.

If you learn something new during escrow, tell your agent right away. Updated disclosures may be needed.

Accuracy and Honesty

• Answer every question. Don't leave blanks.
• Be specific. "Roof leak in 2022 near chimney, repaired by licensed roofer, receipt attached" is better than "past leak."
• Don't guess. If you don't know, say so.
• Don't downplay. Describe issues as they are.
• Attach documents that support your answers.

When to Get Legal Advice

Talk with a real estate attorney if:

• You're unsure whether something must be disclosed.
• There's a lawsuit, dispute or legal claim involving the property.
• You're selling as a trustee, executor or in another special capacity, where rules may differ.
• There's significant unpermitted work.
• A buyer raises a claim after closing.

I can help you organize your disclosures and explain the forms, but legal questions belong with an attorney.

Disclosures for Condos and Townhomes

If your home is in an HOA, buyers will receive a set of association documents. These often include:

• CC&Rs, bylaws and rules.
• Budget and reserve study summary.
• Financial statements.
• Insurance information.
• Information on pending special assessments or litigation.
• Notices of violations involving your unit.

Request these from your HOA or management company early. They can take time and may come with fees.

Disclosures When You Haven't Lived in the Home

If you're selling a rental, an inherited home or a property you haven't lived in recently, you may know less about its condition. That's okay. Disclose what you know, say what you don't and consider pre-listing inspections to give buyers more information.

Some transfers, such as certain sales by trustees or estates, may be exempt from specific forms but still have other duties. An attorney can explain what applies.

Talking With Buyers About Disclosures

When buyers have questions about your disclosures:

• Answer through your agent, in writing when possible.
• Be consistent with what's in your forms.
• Don't make promises you can't keep, like "it will never leak again."
• Update your disclosures if you learn something new.

Clear communication keeps trust high and helps the sale close smoothly.

Seller Disclosure Checklist

• ☐ Gather purchase documents and past disclosures.
• ☐ Collect repair, remodel and permit records.
• ☐ Look up permit history with the city.
• ☐ Gather inspection reports and insurance claims.
• ☐ Consider pre-listing inspections.
• ☐ Order the Natural Hazard Disclosure report.
• ☐ Check if lead-based paint rules apply (pre-1978 homes).
• ☐ Gather HOA documents, if any.
• ☐ Complete the TDS and questionnaire carefully and completely.
• ☐ Attach supporting documents.
• ☐ Ask an attorney about anything uncertain.

A Hypothetical Example

This example is made up to show the process. It is not based on any real home or client.

A seller has lived in their home for many years. Years ago, a pipe burst and was repaired. They also converted part of the garage into a home office, but they aren't sure it was permitted.

We gather their records. They find the plumber's invoice for the pipe repair. A permit search shows no permit for the garage conversion. We complete the disclosures carefully: the pipe repair with the invoice attached, and the garage conversion described as unpermitted.

They order a pre-listing inspection and share it with buyers. The buyer who wins the home writes an offer with full knowledge of both items, and escrow closes without renegotiation over surprises.

Key Takeaways

• Disclosures protect buyers and sellers.
• Gather records and permits before you list.
• Disclose known issues and past repairs, with details.
• Prepare disclosures early so buyers can review them before offering.
• Ask a real estate attorney when you're unsure.

Frequently Asked Questions

How I Can Help

I help sellers gather records, look up permit history, order reports and work through the disclosure forms before listing. When legal questions come up, I'll point you to a real estate attorney. Starting early gives you time to answer carefully and completely.

Can my agent fill out my disclosures for me?

No. The seller completes their own disclosures based on what they know. Your agent can explain the forms and has separate disclosure duties of their own.

The Bottom Line

California seller disclosures help buyers make informed decisions and help protect sellers. Gather your property history, disclose known issues and past repairs, check permits, consider pre-listing inspections and prepare disclosures before you list. Be complete and accurate, and get legal advice when you're unsure.

Getting ready to sell? Get help organizing your seller disclosures. I'll walk you through the forms and help you gather what you need before you list.

Sources

• California Civil Code §1102 and following (Transfer Disclosure Statement): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1102
• California Civil Code §1103 and following (Natural Hazard Disclosure): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1103
• U.S. Environmental Protection Agency, Real Estate Disclosures about Potential Lead Hazards: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards
• California Seismic Safety Commission, Homeowner's Guide to Earthquake Safety: https://ssc.ca.gov/forms_pubs/hog/
• California Department of Justice, Megan's Law: https://www.meganslaw.ca.gov/
• City of San José, About Building Permits: https://www.sanjoseca.gov/businesses/development-services-permit-center/about-building-permits

Get help organizing your seller disclosures. Call or text me at 408-780-1188, or email onrealtygroup@gmail.com.

Oanh Nguyen · Broker & Loan Officer · On Realty Group, brokered by LPT Realty · BRE #02133991 · NMLS 2020335

Equal Housing Opportunity.

Disclaimer: This post is general information only, not an appraisal or legal, tax or financial advice; data comes from the public sources linked above, is believed reliable but not guaranteed, and can change at any time.