Most of a home sale happens out loud: pricing, showings, offers. Disclosures happen on paper. If a required disclosure arrives after the buyer’s offer, the buyer gets three days to walk away, or five if it came by mail or electronically (California Civil Code section 1102.3).
I was licensed in 2009, right as the market crashed, and I’d rather a seller see this list months before listing than days before closing.
This is general information about California law, not legal advice. If your sale involves a trust, an estate or unpermitted work, ask a real estate attorney. For pricing and prep, see my guide to selling a Santa Clarita home for top dollar.
Key Takeaways
- Unless an exemption applies, a single-family home seller owes the buyer a transfer disclosure statement, even in an as-is sale.
- A disclosure delivered after the offer gives the buyer 3 days to terminate, or 5 if mailed or sent electronically (Civil Code section 1102.3).
- Since January 1, 2026, the packet adds an electrical inspection statement and known gas-appliance replacement rules.
Who has to give a transfer disclosure statement, and who is exempt?
A seller of a single-family home owes the buyer a real estate transfer disclosure statement (TDS) unless the sale fits an exemption (California Civil Code section 1102). The same section says “any waiver of the requirements of this article is void as against public policy.” Selling as-is doesn’t change that: delivery “may not be waived in an ‘as is’ sale” (California Civil Code section 1102.1).
Exemptions in California Civil Code section 1102.2 include:
- Court-ordered sales, “including, but not limited to, sales ordered by a probate court in the administration of an estate.”
- Sales by a fiduciary administering a trust, guardianship, conservatorship or decedent’s estate.
But the fiduciary exemption “shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and is a former owner of the property or was an occupant in possession of the property within the preceding year.” If that describes you, the fiduciary exemption doesn’t cover your sale.
Exempt from one disclosure isn’t necessarily exempt from the rest. Sales outside the natural hazard article “may be subject to other disclosure requirements” (California Civil Code section 1103.1). Selling through an estate or trust? See my probate and trust sale page.
When are seller disclosures due, and what happens if one arrives late?
In a sale, the seller delivers the statement “as soon as practicable before transfer of title” (California Civil Code section 1102.3). If a required disclosure, or a material amendment of one, is delivered after the execution of an offer to purchase, the buyer can terminate. The window is three days after delivery in person, or five days after delivery by mail or electronic record, and the buyer terminates by written notice to the seller or the seller’s agent.
So timing matters: a disclosure that surfaces mid-escrow, including a material amendment, opens a window to cancel.
What does the Natural Hazard Disclosure Statement cover?
The Natural Hazard Disclosure Statement (NHD) tells the buyer whether the property sits in mapped hazard areas listed in California Civil Code section 1103.2:
- A FEMA special flood hazard area (any type Zone “A” or “V”)
- A dam failure inundation area
- A high or very high fire hazard severity zone
- A wildland area that may contain substantial forest fire risks and hazards
- An earthquake fault zone
- A seismic hazard zone
The form says those maps “estimate where natural hazards exist” and are not definitive indicators of whether a property will be affected by a natural disaster. Where a fault, seismic, fire hazard or wildland fire map isn’t accurate or detailed enough for a reasonable person to tell whether the property is inside, the seller or seller’s agent “shall mark ‘Yes'” on the form.
The statement can rest on a report from “the independent third-party disclosure provider as a substituted disclosure” (section 1103.2). You can also check an address on the California Geological Survey’s EQ Zapp, and the Office of the State Fire Marshal notes that its maps “evaluate ‘hazard,’ not ‘risk.'”
What extra steps apply to a home in a fire hazard severity zone?
A home in a high or very high fire hazard severity zone can owe the buyer more, including a home-hardening notice for older homes and defensible-space documentation.
Homes built before 2010
Under California Civil Code section 1102.6f, the seller of a home in one of those zones provides a disclosure notice “if the home was constructed before January 1, 2010.” It flags features such as vents with openings over one-eighth of an inch, untreated wood shingle or shake roofs, and combustible landscaping within five feet of the home.
On or after July 1, 2025, it also lists low-cost retrofits and discloses which were completed during the seller’s ownership. Keep your receipts.
Defensible space
California Civil Code section 1102.19 has the seller provide documentation “that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances.” Without it, seller and buyer “enter into a written agreement” for the buyer to obtain it. Confirm the local process for the specific property.
What about remodels, electrical systems, gas appliances and smoking?
Each has its own written disclosure rule.
Selling within 18 months. Accept an offer within 18 months of taking title, and California Civil Code section 1102.6h has you disclose additions, alterations and repairs a contractor made since then, plus “a copy of the permit” for permitted work.
Electrical inspection. Since January 1, 2026, the seller or agent delivers a statement that an inspection of the electrical system by a qualified professional may be advisable (California Civil Code section 1102.6i). A building sold within three years of its certificate of occupancy is excluded.
Gas appliances. Since January 1, 2026, the seller also discloses in writing any known “state or local requirements or restrictions relating to the future replacement of existing gas-powered appliances that are being transferred with the property” (California Civil Code section 1102.6j).
Smoking and vaping. A seller with “actual knowledge” of tobacco or nicotine smoking residue, or of occupants’ smoking history on the property, discloses it in writing, and smoking includes “the use of an electronic cigarette or vape device” (California Civil Code section 1102.6k).
Which shorter notices round out the disclosure packet?
Several shorter notices and certifications also apply:
| Item | What the law says | Source |
|---|---|---|
| Plumbing fixtures | The seller discloses whether the property includes any noncompliant plumbing fixtures | Civil Code 1102.155 |
| Mello-Roos or 1915 Act | The seller makes a good faith effort to obtain the local agency’s special tax disclosure notice | Civil Code 1102.6b |
| Supplemental tax bills | The seller or agent gives notice that the buyer “may receive one or two supplemental tax bills” | Civil Code 1102.6c |
| Smoke alarms | The seller delivers a written statement of compliance with the smoke alarm law | Health and Safety Code 13113.8 |
| Water heater | The seller certifies in writing that the water heater is braced, anchored or strapped | Health and Safety Code 19211 |
| Megan’s Law | Contracts for residential sales of one to four units contain a notice pointing to www.meganslaw.ca.gov | Civil Code 2079.10a |
| Former ordnance | A seller with actual knowledge of former federal or state ordnance locations within one mile gives written notice | Civil Code 1102.15 |
Deaths on the property. An occupant’s death more than three years before the buyer’s offer is not a material fact that requires disclosure, but the rule doesn’t protect “an intentional misrepresentation in response to a direct inquiry” (California Civil Code section 1710.2). If a buyer asks, answer truthfully. For a more recent death, ask your attorney.
What happens if a seller leaves something out?
The sale isn’t undone for that alone, but the seller can owe damages. No transfer is invalidated “solely because of the failure of any person to comply,” yet anyone who “willfully or negligently” fails to perform a disclosure duty “shall be liable in the amount of actual damages suffered by a transferee” (California Civil Code section 1102.13).
The forms aren’t the whole duty, either. The Legislature did not intend to affect existing obligations “to disclose any fact materially affecting the value and desirability of the property” (California Civil Code section 1103.8). If you’re unsure whether something rises to that level, ask a real estate attorney.
How I prepare a seller for the disclosure packet
I like to start disclosures before the listing goes live, because of the termination window above. The order I suggest:
- Write down what you know: repairs, leaks, smoking history, anything you’d want to know as the buyer.
- Gather the paper: permits, contractor invoices and fire-hardening receipts.
- Order the natural hazard report early, and check the address yourself.
- Check the smoke alarms and water heater strapping before signing statements about them.
- Flag hard questions for an attorney: a trust, a recent death, work done without a permit.
My view is simple: disclose early, in writing, and let the buyer decide with the full picture. Buying again? My Proposition 19 notes cover what to confirm with the Assessor. Still settling on a price? Start with what your home is worth.
Common questions about California seller disclosures
Can I sell as-is and skip the disclosure statement?
No. The Legislature’s stated intent is that delivery of a transfer disclosure statement “may not be waived in an ‘as is’ sale” (Civil Code section 1102.1), and section 1102 makes any waiver of the article’s requirements “void as against public policy.” Unless an exemption applies, the statement goes to the buyer.
Do I need a transfer disclosure statement if I’m selling as a trustee?
It depends. Civil Code section 1102.2 exempts sales by a fiduciary administering a trust or decedent’s estate, except where the trustee is a natural person serving as trustee of a revocable trust who is a former owner or was an occupant in possession within the preceding year. Other disclosures may still apply, so confirm with a real estate attorney.
How long does a buyer have to cancel after a late disclosure?
Three days after delivery in person, or five days after delivery by mail or as an electronic record (Civil Code section 1102.3). The window opens when a required disclosure, or a material amendment, is delivered after the offer to purchase is executed. The buyer cancels by written notice to the seller or the seller’s agent.
Does a fire or fault zone mean my home is at risk?
Not by itself. The Office of the State Fire Marshal says fire hazard severity zone maps evaluate “hazard,” not “risk,” and the Natural Hazard Disclosure Statement says its maps are not definitive indicators of whether a property will be affected by a natural disaster. The zone triggers the disclosure. It isn’t a prediction.
Where to start
California seller disclosures are mostly a timing exercise. Much of the list you already know or can look up, so start early and put it in writing.
Forms and rules change, so confirm the current forms with your agent at listing time. When you’re ready to talk through your sale, get in touch.
Marite Matassa, Pinnacle Estate Properties, (818) 605-1220. California DRE #01867409.
