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What do I need to Legally Disclose in CA When I Sell My Home?

By
Real Estate Broker/Owner with Reputable Realty # 01804752
Thinking of selling your CA home?

In California, sellers are legally required to disclose certain information to buyers during a real estate transaction. These disclosures aim to inform the buyer about the property's condition and other relevant factors. Key disclosures include:

1. Transfer Disclosure Statement (TDS)

  • A comprehensive form where the seller provides detailed information about the property's condition, including:
    • Structural issues (e.g., roof, foundation, plumbing, electrical systems).
    • Past or present water damage, flooding, or drainage issues.
    • Known defects or malfunctions in the property.
    • Information about neighborhood nuisances (e.g., noise, odors).
    • Environmental hazards (e.g., asbestos, radon, lead-based paint, toxic mold).

2. Natural Hazard Disclosure Statement (NHD)

  • Discloses whether the property is located in a:
    • Flood hazard zone.
    • High fire hazard area.
    • Earthquake fault zone.
    • Seismic hazard zone.
    • Wildland fire area.

3. Lead-Based Paint Disclosure

  • For homes built before 1978, sellers must disclose the presence of any known lead-based paint or hazards and provide the buyer with the EPA pamphlet titled "Protect Your Family From Lead in Your Home."

4. Smoke Detectors, Water Heater Bracing, and Carbon Monoxide Detectors

  • Sellers must confirm compliance with state requirements for:
    • Properly installed smoke detectors.
    • Water heater bracing to prevent tipping during earthquakes.
    • Carbon monoxide detectors.

5. Death on the Property

  • Sellers must disclose if someone has died on the property in the last three years. This includes natural causes, accidents, or other events. If the death was due to an issue that might affect the property's value or desirability (e.g., a violent crime), disclosure may still be required beyond three years.

6. Pest and Wood-Destroying Organism Inspection Reports

  • Any reports or information related to termite damage, infestations, or structural wood damage must be disclosed.

7. Environmental Hazards

  • Disclosure of known hazards, such as toxic chemicals, soil contamination, or proximity to hazardous waste sites.

8. Homeowners’ Association (HOA) Information

  • If the property is part of an HOA, sellers must provide documents regarding:
    • CC&Rs (Covenants, Conditions, and Restrictions).
    • HOA fees, rules, bylaws, and financial health of the association.

9. Legal Issues or Encroachments

  • Sellers must disclose any:
    • Ongoing disputes or lawsuits involving the property.
    • Easements, encroachments, or zoning violations.

10. Mello-Roos and Special Assessments

  • If the property is subject to Mello-Roos taxes or special assessments, the seller must disclose this and provide detailed information.

11. Water-Conserving Plumbing Fixtures Disclosure

  • Sellers must indicate whether the property has water-conserving plumbing fixtures as required by California law.

12. Any Material Facts

  • California law requires sellers to disclose any "material facts" that could affect the property's value or desirability, even if not specifically required by other forms.

13. Supplemental Tax Disclosure

  • When you sell a home in California, the local assessor will reassess its value, and the property taxes will change. As a result, you are not required to disclose your current property tax payments to the buyer. However, you must provide the buyer with a document containing specific language informing them that they may be subject to a supplemental tax assessment.
    • The requirements for this disclosure are outlined in California Civil Code Section 1102.6c.

Failure to provide these disclosures can lead to legal consequences, including contract rescission or financial liability. It’s always best to consult with a real estate attorney or a REALTOR® to ensure compliance with disclosure laws.

Call me!  I can help.

Karen L. Sanchez 
Broker
Reputable Realty
#01804752
 
"Marketing your house like no one else will "
 
Cell (760) 684-0250

 

Show All Comments Sort:
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Great post and needless to say when it comes to Land there are a few more disclosures as well as when it comes to Condominiums:)Endre

Jan 06, 2025 10:23 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Thankfully, we have experts like this set us up for some good things May we all have a blessed new year?!!

Jan 06, 2025 10:47 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker
Great information, thanks for sharing.  I hope you have a great day.
Jan 07, 2025 03:05 AM