What Do You Have to Disclose When Selling a House in California?

Published on August 26th, 2022

Selling a house can be complicated. It seems like there are endless amounts of paperwork to fill out when listing your home for sale with a local real estate agent. These documents related to the real estate transaction can include a disclosure statement and, in California, the California transfer disclosure statement required by California law.

You might be wondering, what do you have to disclose when selling a house in California? Your disclosure obligations as a seller in California may vary from other states you have lived in prior, so it's important to acquaint yourself with the California civil code, disclosure laws, and the California department of real estate agents before selling your home.

What You Need to Disclose About Your Property's Condition to Comply with California Real Estate Law

California home sellers are required to disclose material facts and defects about their residential property to a prospective buyer in a real estate transaction. Additional disclosures, including the Transfer disclosure statement or TDS form, are required.

The TDS form covers any defects that the seller might be aware of, such as if your home is in a special flood hazard area, near an earthquake fault zone, or is under a substantial forest fire risk. It is also the sellers legal responsibility in California to disclose if a death has occurred at the property to potential buyers.

Each local government in California might have additional disclosures that are required. It's best to check with your real estate agent, who is familiar with these additional disclosure statements and seller disclosures needed for prospective buyers.

Additional Disclosures and Seller Disclosure Requirements

In addition to the California-specific disclosure statement, sellers are required to disclose federally required information about their home during a home sale. Items that will be found on this residential real estate property disclosure form include the following:



• The existence of toxic substances such as lead based paint
• Information related to the public sewer system, if needed
• Information about current property taxes
• A brief statement about the current property's condition
• A natural hazards disclosure statement

• Information on neighboring registered sex offenders
• Any information about neighborhood noise problems
• Safety release mechanism information on window security bars
• Smoke detectors and appliance information
• Prior inspection reports, if you have them
• Sellers want to provide as much information as possible on these written disclosures to prevent future liability and to allow the buyer to make an informed decision.
  

While it seems like you have to provide every detail about a home during real estate transactions in California, there are things that a seller won't have to disclose to a buyer of their real estate.

• Who the prior occupant was
• If anyone living at the property in the past has acquired immune deficiency syndrome
  

If you're a seller in California, the best thing you can do is to work with an experienced listing agent who will know exactly what a buyer's agent and the prospective buyer will be looking for on a disclosure statement. Here are some tips for selling a fire-damaged house in CA:

1. Provide a buyer with a fully completed TDS form and other disclosure paperwork prior to entering a purchase agreement.
2. Work with an experienced listing agent familiar with fire-damaged properties in California.
3. Highlight any repairs or renovations done to address the fire damage.
4. Consider obtaining a fire damage inspection report to provide to potential buyers.
5. Communicate with buyers about any insurance claims or settlements related to the fire damage.
6. Showcase the potential of the property beyond the fire damage, such as location or unique features.
7. Price the house competitively, considering its fire-damaged condition.

These tips will help you navigate the process and increase your chances of selling a fire-damaged house in California successfully.

For more information about all things California real estate, please check out our blog.