What Do You Have to Disclose When You Sell a Home in California?
When you sell a house, a condo or another one-to-four unit home in California, you have to tell the buyer in writing what you know about the property. The core documents are the Transfer Disclosure Statement (TDS), the Natural Hazard Disclosure (NHD) and, for homes built before 1978, a lead-based paint disclosure. Most South Bay sales also include a Seller Property Questionnaire, a preliminary title report and any inspection reports the seller has. The working rule is simple: if you know about something that could affect the value or desirability of the home, disclose it. I'm Brenda Vega, a REALTOR® with Real Broker (DRE #02196981), and this guide explains what goes in the package. It is general information, not legal advice.
Which Disclosures Does a California Seller Provide?
| Document | What it covers | Who completes it |
|---|---|---|
| Transfer Disclosure Statement (TDS) | What you know about the condition of the home: systems, appliances, structure, known defects and problems | The seller. Each agent adds their own visual inspection section |
| Natural Hazard Disclosure (NHD) | Whether the property is in a mapped flood, fire, earthquake fault or seismic hazard zone | Usually prepared by a disclosure company from public maps, then signed by the seller |
| Seller Property Questionnaire (SPQ) | More detailed questions about repairs, water intrusion, alterations, neighborhood conditions and disputes | The seller |
| Lead-based paint disclosure | Known lead-based paint or hazards, for homes built before 1978 | The seller, under federal law |
| Preliminary title report | Liens, easements and other items recorded against the property | The title company |
| HOA documents, if there is an association | Governing documents, dues, financial statements and rules | The homeowners association, at the seller's request |
| Inspection reports you already have | Findings from home, pest, roof or other inspections | The inspectors. The seller passes the reports on |
This list is not exhaustive. Depending on the property and the city there can be others, and your listing agent and the escrow and title officers will tell you which ones apply.
What Counts as Something You Have to Disclose?
Known facts that matter to a buyer. That includes past problems as well as current ones: a roof leak that was repaired, a room added without a permit, a drainage problem in heavy rain, a dispute with a neighbor over a fence line. The forms ask about most of these directly. When you are unsure whether something belongs, the safer course is to disclose it and attach whatever documentation you have, such as invoices or permits.
You are disclosing what you know. You are not expected to be an inspector, which is one reason many sellers order inspections before listing.
Who Fills Out the Forms: You or Your Agent?
You do. The TDS and the SPQ are the seller's own statements, so they have to be completed by the seller, in the seller's words. Your agent can explain what a question is asking, but should not answer it for you. Separately, agents have their own duty to do a visual inspection of the accessible areas of the property and note what they see.
When Does the Buyer Receive the Disclosures?
As early as possible. In the South Bay it is common for sellers to put the disclosure package and inspection reports together before the home goes on the market, so buyers can review everything before they write an offer. That leaves fewer open questions once an offer is on the table.
The timing has a legal side too. If the TDS is delivered after a buyer has already signed an offer, California law gives the buyer a short window to cancel: three days after delivery in person, or five days after delivery by mail. Delivering early removes that uncertainty.
Does Selling "As Is" Remove the Duty to Disclose?
No. "As is" means you are not agreeing to make repairs. It does not change what you have to tell the buyer. A seller who leaves out a known problem can face a legal claim after closing, which costs far more than disclosing it up front.
How Do I Help Sellers With Disclosures?
I'm Brenda Vega, a REALTOR® with Real Broker, California DRE #02196981, and I list homes in Campbell, San Jose, Los Gatos, Saratoga and the greater Bay Area. Disclosures and pre-sale inspections are among the things I go over with every seller before a home goes on the market. For legal questions about a specific situation, a real estate attorney is the right person to ask.
If you are thinking about selling, a first consultation is free. Book a time, or read how I work with sellers.
Related reading: Pre-Inspection: Why Smart Bay Area Sellers Pay for It First · 10 Things to Know Before Selling Your Home in Silicon Valley
Frequently Asked Questions
- Do I have to disclose a problem that has already been repaired?
- Yes, in most cases. The disclosure forms ask about past problems and repairs, not only current ones. Describe what happened and what was done, and attach invoices or permits if you have them.
- Is the Transfer Disclosure Statement the same as a home inspection?
- No. The Transfer Disclosure Statement is the seller's written statement of what they know about the property. A home inspection is a professional's examination of the home. Buyers usually rely on both.
- Who can help me with seller disclosures in Campbell, CA?
- Your listing agent explains the forms and what the package needs to include, and the title and escrow officers handle their parts. Brenda Vega, a REALTOR® with Real Broker (California DRE #02196981), lists homes in Campbell and the surrounding South Bay cities. For legal advice, consult a real estate attorney.
About Brenda Vega
Brenda Vega is a dedicated South Bay real estate agent specializing in Campbell, San Jose, Los Gatos, and Saratoga. With deep local knowledge and a client-first approach, she helps buyers and sellers navigate the Silicon Valley market with confidence.
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