What do I have to disclose when selling a home in California | Search SoCal
All real estate questions

Selling

What do I have to disclose when selling a home in California?

Quick answer

California sellers must give buyers a written Transfer Disclosure Statement (TDS) covering known defects, unpermitted work, water or pest damage, and similar issues, plus separate natural-hazard and Mello-Roos disclosures. Selling 'as-is' does not remove the TDS duty, and hiding a known material problem can lead to a canceled sale or a lawsuit.

The full answer

More detail, straight from Julian Cesar

Under California Civil Code Section 1102, residential sellers must hand buyers a written Transfer Disclosure Statement before title transfers. The statutory form is a checklist of the property's condition: structural or foundation issues, leaks and water intrusion, pest or mold damage, unpermitted additions or remodeling, appliances included in the sale, and deaths on the property within the last three years. If a disclosure reaches the buyer after the offer is signed, they get three days (or five if mailed) to cancel. Separate disclosures are required for natural hazards like earthquake, flood, and fire zones, and for Mello-Roos special taxes. California also holds sellers to a common-law duty to reveal problems 'known only to them' that materially affect value, even if a buyer could discover them on their own. Selling 'as-is' does not waive the transfer disclosure. Probate, foreclosure, and transfers between family members are exempt from the TDS form, though the general anti-fraud duty can still apply. Your real estate agent completes the broker-inspection portion, and a seller who under-discloses risks the buyer rescinding the sale and seeking damages. Julian guides sellers through the disclosure package so it is thorough, honest, and compliant.

Still have a question?

Your situation has its own details. Ask Julian directly.

Every answer is free and pressure-free. Julian Cesar responds personally, by phone, email, or in person.

Julian Cesar, licensed Southern California real estate agent, in a dark suit with a blue tie

Julian Cesar

Licensed Agent, CA DRE #02015349