What Do I Have to Disclose When Selling My House in California?

What Do I Have to Disclose When Selling My House in California?

By Tiffany Stock, Real Estate Agent, CA DRE #01466776

Tiffany Stock is a real estate agent in Danville, CA helping sellers (including move-up families, luxury sellers, and those navigating a divorce or probate sale) get their home sold, personally, start to finish. Call 925-989-2138 or visit www.tiffstock.com.

Short answer

In California, sellers generally have to disclose what they know that could affect a home's value or desirability. That includes past leaks, repairs, pest damage, neighborhood issues you know about, and more. Most of it goes on standard disclosure forms. When in doubt, disclose. Hiding something is far more expensive than being upfront about it.

This is general information, not legal advice. Ask your agent, and a real estate attorney for anything complicated.

The common forms

  • Transfer Disclosure Statement (TDS). The main state form covering the home's condition and features.
  • Seller Property Questionnaire. A more detailed questionnaire used in many California sales.
  • Natural Hazard Disclosure. Whether the property sits in certain mapped hazard zones, like flood, fire, or earthquake zones. Usually prepared by a third-party company.
  • Lead-based paint disclosure, for homes built before 1978.
  • Other local and statutory items, such as smoke and carbon monoxide detectors and water heater bracing.

Things sellers often forget

  • Old leaks that were repaired. Fixed doesn't mean it never happened.
  • Work done without permits.
  • Neighbor disputes, noise, or boundary issues you know about.
  • Insurance claims on the property.
  • HOA issues or upcoming special assessments.

How to do it right

  1. Start the forms early, before you list, while you have time to remember and find records.
  2. Gather receipts, permits, and reports for work you've done.
  3. Answer honestly and specifically. "Leak under kitchen sink in 2021, repaired by a plumber, receipt attached" beats "past leak."
  4. Ask when you're unsure. If you're debating whether to disclose something, that's usually your answer.

Divorce and probate sales

Some sellers, like certain court-supervised or estate sales, have different rules on which forms apply. An executor who never lived in the house can only disclose what they know, but they still have to disclose it. Ask your agent and attorney which forms apply to your sale.

FAQ

Can I sell as-is and skip disclosures?

Selling as-is usually means you won't make repairs. It generally doesn't remove your duty to disclose what you know.

What if I find out about a problem after I've signed the disclosures?

Tell your agent right away. Disclosures can be updated.

Want help getting your disclosures right the first time? Call Tiffany Stock at 925-989-2138 or visit www.tiffstock.com.

Related reading: Should I get a pre-listing inspection before selling in California? · How do you sell a house in probate in California?

Keller Williams Danville, CA. Equal Housing Opportunity.

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