2026-10-28 · 4 min read · Orange County
What Do We Have to Disclose When We Sell Our Home in California?
The short answer
What do you have to disclose when you sell your home in California? Most sellers of a one-to-four-unit home must give buyers a Real Estate Transfer Disclosure Statement describing what they know about the home's condition, plus a Natural Hazard Disclosure Statement and several other required notices. If the home was built before 1978, federal lead paint rules apply too. The guiding idea is simple: share what you know that could affect the home's value or desirability, in writing, early in escrow.
Why Do Disclosures Matter So Much?
When you're selling to move up, your attention is on the next home. Disclosures are what protect this sale from problems later.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. I help families get their disclosures organized before the home goes on the market, so escrow runs on schedule.
Clear, complete disclosures help buyers feel confident. They also reduce the chance of a dispute after closing.
What Is the Transfer Disclosure Statement?
California Civil Code Section 1102 requires most sellers of residential property with one to four units to give the buyer a Real Estate Transfer Disclosure Statement, often called the TDS. It asks about the home's features, any known defects, and things like additions or repairs made without permits, neighborhood noise and HOA issues.
Answer every question based on what you actually know. Don't guess, and don't leave items blank. If you're unsure, say so.
Civil Code Section 1102.3 says the TDS should be delivered as soon as practicable before transfer of title. If the buyer receives it after signing the offer, the buyer has three days after delivery in person, or five days after delivery by mail, to cancel in writing.
The California Department of Real Estate (DRE) booklet on disclosures notes that some transfers are exempt from the TDS, such as certain sales by a court-appointed fiduciary. Most families selling their own home to move up are not exempt.
What Other Disclosures Are Required?
Beyond the TDS, common ones include:
- Natural hazards. Civil Code Section 1103.2 lists six mapped zones the seller must disclose, including flood, fire and earthquake zones. Many sellers order a report from a natural hazard disclosure company to prepare it. If the home is near the coast, see flood insurance in Huntington Beach.
- Lead-based paint. Under the federal lead disclosure rule, explained by the U.S. Environmental Protection Agency (EPA), sellers of most housing built before 1978 must disclose known lead-based paint and hazards, give the buyer an EPA-approved pamphlet, and generally offer a 10-day period for a lead inspection.
- Water heater bracing. Health and Safety Code Section 19211 requires a seller to certify that the water heater is braced, anchored or strapped.
- Smoke and carbon monoxide alarms. Sellers provide a written statement about required alarms.
- HOA documents, if the home is in a common interest development.
- A death on the property. Civil Code Section 1710.2 says a seller isn't liable for not disclosing a death that happened more than three years before the buyer's offer. Deaths within three years may need to be disclosed, and you should never misrepresent anything a buyer asks about directly.
Local areas can add more. In Huntington Beach, for example, old oil wells can come up, covered in this article on oil wells.
Does Selling "As-Is" Mean I Don't Have to Disclose?
No. An as-is sale means you aren't agreeing to make repairs. It doesn't remove your duty to disclose what you know.
If you've had a pre-sale inspection, termite report or repair invoices, share them. Buyers can read about relying on the seller's inspection report, and sellers benefit from the same openness.
How Can We Make the Disclosure Process Easier?
- Start early. Gather permits, repair receipts, warranties and HOA paperwork before listing.
- Walk the home with fresh eyes. Note past leaks, roof work, plumbing repairs and improvements.
- Check permits for this property with the city for any additions or remodels.
- Plan your timeline. If you're also buying, see what to plan for if you sell before you buy.
- Ask questions. If you're unsure whether something needs disclosure, the safer path is usually to disclose it and talk with a real estate attorney.
This is general information, not legal advice. For questions about your specific situation, talk with a real estate attorney.
Let's Start With a Conversation
If your family is getting ready to sell and move up, I'd love to help you plan the disclosures and the timeline together. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
Do I have to disclose repairs that were already fixed?
Generally, sharing past repairs and the paperwork is wise. It shows buyers what was done and when.
What if I didn't know about a problem?
The TDS asks what you know. You aren't expected to know about hidden issues, which is why buyers do their own inspections.
Can a buyer cancel after getting the disclosures?
If a buyer receives the TDS after signing the offer, they have three days after delivery in person or five days after delivery by mail to cancel in writing.
Does the lead paint rule apply to my home?
It applies to most homes built before 1978. Check your home's build year and talk with your agent early.