Overview
Disclosures are where a seller tells the buyer, in writing, what the seller knows about the home. They protect both sides. A careful, complete set, prepared before the home is listed, tends to make escrow calmer and leaves far less room for misunderstanding later.
For an older or architecturally significant home, disclosures also carry the home's history: the additions, the restorations, the original systems that remain and the ones that were replaced. Owners who have lived with a house for decades often know it more intimately than any inspector. The task is to set that knowledge down accurately.
This page is an overview, not legal advice. Each item below names the code section or agency page it comes from and says no more than that source does. Which items apply to your sale depends on the property, how the transfer happens and your purchase contract. Sidney is a licensed real estate agent, not an attorney. For questions about your own disclosure duties, speak with a real estate attorney.
What to have ready
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The forms
The Real Estate Transfer Disclosure Statement
- Scope. Under Civil Code section 1102, the transfer disclosure article applies, except as provided in section 1102.2, to transfers by sale, exchange and certain other arrangements of any single-family residential property. Section 1102.2 lists the exempt transfers, including certain court-ordered sales, foreclosure-related transfers and transfers by a fiduciary administering a trust, guardianship, conservatorship or decedent's estate.
- Delivery. Under section 1102.3, the seller delivers the completed statement to the prospective buyer, in the case of a sale, "as soon as practicable before transfer of title."
- The form. Section 1102.6 sets out the form, titled the Real Estate Transfer Disclosure Statement.
- Waivers. Section 1102(c) says "Any waiver of the requirements of this article is void as against public policy."
If a disclosure required by that article, or a material amendment to it, is delivered after the execution of an offer to purchase, section 1102.3 gives the buyer three days after delivery in person, five days after delivery by mail, or five days after electronic delivery where the parties agreed to transact electronically, to terminate the offer by written notice.
The Natural Hazard Disclosure Statement
Civil Code section 1103 applies to sales of single-family residential real property "only if the seller or his or her agent is required" to disclose the property's location within one or more hazard zones. The zones listed in section 1103(c) are:
- A special flood hazard area (any type Zone "A" or "V") designated by the Federal Emergency Management Agency
- An area of potential flooding
- A very high fire hazard severity zone
- An earthquake fault zone
- A seismic hazard zone
- A state responsibility area for wildland fire
Section 1103.2 sets out the form, titled the Natural Hazard Disclosure Statement. Many sellers order a report from a third-party provider to help identify which zones apply; ask Sidney about this when you list.
The Megan's Law notice
Under Civil Code section 2079.10a, every contract for the sale of residential real property of one to four dwelling units must contain a specified notice. For contracts entered into on or after April 1, 2006, it reads in part: "Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov."
Smoke alarm statement
Under Health and Safety Code section 13113.8, every single-family dwelling that is sold "shall have an operable smoke alarm," and the transferor delivers to the transferee "a written statement indicating that the transferor is in compliance." Section 13113.8(d) lists exempt transfers, including certain court-ordered transfers and transfers by a fiduciary administering a decedent's estate, guardianship, conservatorship or trust.
Water heater bracing certification
Under Health and Safety Code section 19211, water heaters must be "braced, anchored, or strapped to resist falling or horizontal displacement due to earthquake motion." The seller "shall certify to the prospective purchaser that this section has been complied with." The statute says this certification "shall be made in writing, and may be included in existing transactional documents," and lists examples including "the Homeowner's Guide to Earthquake Safety" and a real estate sales contract or receipt for deposit.
Carbon monoxide devices
Health and Safety Code section 17926 requires an owner to install a carbon monoxide device in each existing dwelling unit that has a fossil fuel burning heater or appliance, a fireplace or an attached garage, within the time periods the section sets. The section also addresses what happens when an owner does not comply. Ask Sidney how your contract documents this item, and ask a real estate attorney about its legal effect.
Lead-based paint, for homes built before 1978
The U.S. Environmental Protection Agency explains that federal rules require sellers to provide specific information about known lead-based paint and lead-based paint hazards before buyers sign a contract, and that the requirement applies to most pre-1978 private housing. Under the EPA's summary, sellers:
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The EPA lists exclusions, including foreclosure sales and housing built after 1977.
Other forms your contract may call for
Your purchase contract and brokerage may also use additional seller questionnaires and advisories that are not listed above. Sidney will walk through the ones your contract uses before you list.
Step by step
How to prepare your disclosures, step by step
- Gather records first. Assemble the documents listed above before you answer a single question.
- Walk the home. Go room by room and around the grounds with a notebook, noting anything you know about: past leaks, cracks, repairs, replaced systems, noise, drainage, trees near structures.
- Answer from knowledge. Answer what you actually know, not what you assume or hope. If you do not know, say so.
- Explain, briefly. Where a box is checked yes, add a short, factual explanation and the date, and refer to any report or receipt.
- Attach the paperwork. Provide the reports and records you have, as your contract and forms call for.
- Review with Sidney. Read the full set together before the home is listed, checking that answers are consistent across forms.
- Take legal questions to an attorney. If a question turns on how to describe something, ask a real estate attorney before you sign.
- Keep copies, and update. Keep a signed copy of everything you deliver. If something changes before closing, update in writing promptly.
In practice. When an owner hesitates over whether something is worth mentioning, the calmer path is usually to disclose it, explain it plainly and attach what documents exist. A known matter, candidly described, rarely unsettles a sale as much as one discovered later.
If this, then that:
- If an addition or conversion was never permitted, then say so plainly and ask a real estate attorney how to describe it.
- If a past problem was repaired, then disclose the problem and the repair, with the date and any invoice or permit.
- If you inherited the home and never lived in it, then say what you know and what you do not; read Selling an inherited or trust home and ask the attorney which forms apply.
- If the home was built before 1978, then follow the EPA steps above and keep signed copies.
When an owner hesitates over whether something is worth mentioning, the calmer path is usually to disclose it, explain it plainly and attach what documents exist.
Planning tool
Disclosure Preparation Tracker
Track each item this guide names, from gathering records to delivery. The tracker records your progress only; it does not decide which disclosures apply.
Real Estate Transfer Disclosure Statement
Civil Code section 1102
The guide notes the article applies “except as provided in section 1102.2,” which lists the exempt transfers. Ask a real estate attorney which forms apply to your sale.
Natural Hazard Disclosure Statement
Civil Code section 1103
Section 1103(c) applies the article “only if the seller or his or her agent is required by one or more of the following to disclose the property’s location within a hazard zone.” Ask a real estate attorney which forms apply to your sale.
Megan’s Law notice
Civil Code section 2079.10a
Smoke alarm statement
Health and Safety Code section 13113.8
Section 13113.8(d) lists exempt transfers. Ask a real estate attorney which forms apply to your sale.
Water heater bracing certification
Health and Safety Code section 19211
Carbon monoxide devices
Health and Safety Code section 17926
Lead-based paint, homes built before 1978
U.S. Environmental Protection Agency
Check if your home was built before 1978.
Other forms your contract may call for
Your purchase contract and brokerage
How to prepare your disclosures, step by step
0 of 8 complete
Where things stand
Not started: 8
Not yet delivered: Real Estate Transfer Disclosure Statement; Natural Hazard Disclosure Statement; Megan’s Law notice; Smoke alarm statement; Water heater bracing certification; Carbon monoxide devices; Lead-based paint, homes built before 1978; Other forms your contract may call for.
Steps still open: 1. Gather records first; 2. Walk the home; 3. Answer from knowledge; 4. Explain, briefly; 5. Attach the paperwork; 6. Review with Sidney; 7. Take legal questions to an attorney; 8. Keep copies, and update.
A tracker for your own preparation. It is not legal advice and does not decide which disclosures apply. Take legal questions to a real estate attorney.
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A note on older and architectural homes
Period homes often hold original materials and systems alongside later updates. Whatever you know about them belongs in your disclosures: the age of the roof and its underlayment, older wiring or plumbing that remains, the condition of the sewer line, chimneys and their last inspection, foundation work, and any restoration done to windows, plaster or tile. If the home is a designated landmark or sits in a historic district, include what you know and keep the designation documents with your records. A licensed inspector or contractor can tell you what is present; a real estate attorney can tell you how to describe it.
Selling as-is does not remove disclosure duties. See Can you sell a house as-is in California? and, if something on title concerns you, Can I sell a house with title problems? The as-is sales service page explains how that path works.
Questions
Common pitfalls
Answering from memory alone.
Records correct memory; gather them first.
Inconsistent answers.
The same fact should read the same way on every form.
Minimizing.
Describing a recurring problem as a one-time event invites dispute.
Leaving disclosures until an offer arrives.
Late delivery gives the buyer a termination window under section 1102.3.
Forgetting updates.
A change before closing calls for a written update.
Questions to bring to a real estate attorney
- Which disclosures apply to this transfer, given how title is held?
- How should I describe a condition I know about but have not repaired?
- How should I describe unpermitted work?
- Does any exemption in section 1102.2 or 13113.8(d) apply to my sale?
Frequently asked questions
If I sell as-is, do I still need to make disclosures?
Selling as-is describes the condition you are selling in; it does not by itself remove disclosure duties. Civil Code section 1102(c) says any waiver of the transfer disclosure article's requirements is void as against public policy. Which disclosures apply depends on the property and the type of transfer. For a firm answer on your situation, ask a real estate attorney before you list.
Does a trust or estate sale use the same disclosures?
Not always. Civil Code section 1102.2 exempts certain transfers by a fiduciary in the administration of a trust, guardianship, conservatorship or decedent's estate, but the exemption does not apply where the trustee is a natural person who is a trustee of a revocable trust and is a former owner or recent occupant. Other statutes have their own rules. Ask the estate's or trust's attorney which apply.
What if I learn something new after the buyer has the disclosures?
Tell Sidney right away and put it in writing. Civil Code section 1102.3 addresses disclosures and material amendments delivered after an offer is executed and gives the buyer a period to terminate by written notice, measured from delivery. Delivering an update promptly keeps the record clear. If you are unsure whether something is material, ask a real estate attorney.
Do I have to hire someone to find out about natural hazards?
The law sets out what must be disclosed; it does not require you to use a particular company. Many sellers order a natural hazard report from a third-party provider to help identify which listed zones apply to the property. Ask Sidney about options and who pays under your contract. A real estate attorney can answer questions about your own duties.
When should the Transfer Disclosure Statement be delivered?
Civil Code section 1102.3 says that, in the case of a sale, the statement is delivered "as soon as practicable before transfer of title." If it, or a material amendment, is delivered after an offer is executed, the buyer has a period measured from delivery to terminate by written notice. Preparing the statement before listing avoids that window. Ask a real estate attorney about your timing.
My home was built before 1978. What changes?
Federal lead-based paint rules apply to most pre-1978 private housing. The EPA summary says sellers provide the EPA pamphlet, disclose known information on lead-based paint and hazards, provide available records and reports, include a Lead Warning Statement and give buyers an inspection period, and keep signed copies for three years. The EPA lists exclusions; ask an attorney if one may apply.
What if I do not know the answer to a disclosure question?
Say so. Disclosures are statements of what you actually know, and guessing can create problems later. If you inherited the home or rarely lived in it, it is reasonable to note the limits of your knowledge. Gather what records exist and attach them. If you are unsure how to phrase an answer, ask a real estate attorney before you sign.
Official sources
- Civil Code section 1102
- Civil Code section 1102.2
- Civil Code section 1102.3
- Civil Code section 1102.6
- Civil Code section 1103
- Civil Code section 1103.2
- Civil Code section 2079.10a
- Health and Safety Code section 13113.8
- Health and Safety Code section 19211
- Health and Safety Code section 17926
- U.S. EPA, Real Estate Disclosures about Potential Lead Hazards
Have a question about something you may need to disclose? Use the "Ask Sidney about your home" card on this page to send a private note.
When you would like a second set of eyes
If you would like to read your disclosure set together before you list, Sidney can review it with you and suggest where an attorney's view may help.
Sidney Manzo, licensed real estate agent, in real estate since 1990. CA DRE #01108914. RE/MAX Dream Properties (ASLG Inc), CA DRE #02142193.
