Selling Your First Home in California? Here's What You Have to Disclose
Selling your first California home? Here are the main seller disclosures, from the TDS and natural hazard report to lead paint and Megan's Law notices.
Most first-time sellers spend their energy on the fun questions: What's my home worth? Should I paint? When should we list?
Then the disclosure packet shows up, and the questions change fast. "Do I really have to mention that?" "What if I don't know?" "Can't I just sell it as-is?"
California has some of the most detailed seller disclosure rules in the country. The good news: once you understand what they're for, they're very manageable. Here's a plain-English walk-through of the big ones.
1. The Transfer Disclosure Statement (TDS)
If you're selling a property with one to four homes on it, California law generally requires you to give the buyer a Transfer Disclosure Statement. This is where you describe the condition of the property as you know it: the systems, any defects, repairs, and anything else that affects value or desirability. Your agent also completes a section based on a visual inspection.
Some transfers are exempt, including court-ordered sales, foreclosures, and certain transfers by a trustee, executor or conservator. If you're selling as part of a probate or trust, ask about this early, because the rules can be different.
2. The Natural Hazard Disclosure (NHD)
You'll also need to tell the buyer whether the property sits in certain mapped hazard zones, including:
- A special flood hazard area
- A dam failure inundation area
- A very high fire hazard severity zone
- A wildland fire area (state responsibility area)
- An earthquake fault zone
- A seismic hazard zone (landslide or liquefaction)
Most sellers order a third-party NHD report that checks the official maps for you. Here on the Central Coast, fire and flood questions come up a lot with buyers, so having this report early helps everyone.
3. Lead-based paint (homes built before 1978)
If your home was built before 1978, federal rules require you, before the buyer is bound by the contract, to:
- Disclose any lead-based paint or lead hazards you know about
- Share any records or reports you have
- Give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home"
- Include the Lead Warning Statement
- Give the buyer 10 days to have the home inspected for lead (the buyer can agree in writing to change or waive this)
You don't have to test for lead or remove it. You do have to disclose what you know.
4. Megan's Law database notice
California purchase contracts include a notice telling buyers that information about registered sex offenders is available to the public at www.meganslaw.ca.gov. This is a standard notice in the paperwork, not something you research yourself.
5. Smoke detectors and water heater strapping
For a single-family home, you'll provide a written statement that the home complies with California's smoke detector law. If the property has a water heater, you'll also certify in writing that it's braced, anchored or strapped.
6. Special taxes and assessments (Mello-Roos and similar)
If your property is subject to a Mello-Roos special tax or certain assessment bonds, you must make a good-faith effort to get the official notice from the agency that levies it and pass it along to the buyer.
What happens if a disclosure arrives late?
Timing matters. If the buyer gets a required disclosure after they've already signed the purchase agreement, they can cancel within three days of in-person delivery, or five days if it was mailed. That's one big reason I like to get disclosures done early, before we're in the middle of a deal.
My honest advice: when in doubt, disclose
Disclosures protect you as much as the buyer. A buyer who knew about the old roof repair before closing is a lot less likely to be upset after closing. I always tell my sellers to think back through their years in the home: repairs, insurance claims, leaks, permits, neighbor issues. If you're not sure whether something matters, put it on the table and talk it through with me.
Thinking about selling?
If you're getting ready to sell your first home, I'll walk you through every form and help you get your disclosures organized before we ever hit the market, so there are no surprises in escrow. Call or text me at (805) 400-5543, email CentralCoastLiz@gmail.com, or reach out through my contact page.
Liz Anderson, Broker/Owner, Central Coast Premier Realty | DRE #01462145
General information, not legal advice. Disclosure rules change and every property is different, so talk with a real estate attorney about your specific situation.
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Liz Anderson
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