California · Seller disclosures

What you must disclose to a buyer in California.

California is the most disclosure-heavy state in the US. Civil Code §1102 and §1103 mandate the Transfer Disclosure Statement (TDS) plus the Natural Hazard Disclosure (NHD); federal law adds Lead-Based Paint for pre-1978 homes; state law also requires Megan's Law and (where applicable) Mello-Roos disclosures. Failure on any of these is grounds for buyer rescission after closing.

Legal note: California is the highest-litigation state for post-closing seller-disclosure suits. Buyer has 3 days after delivery of the TDS to terminate without penalty (5 days if delivered by mail). If you knowingly omit a material defect, the buyer can rescind for up to 3 years post-closing. When in doubt, write "unknown" and consult a California real-estate attorney before signing the TDS — the Sell & Connect pack includes a referral.

  1. 01 · Required

    Cal. Civ. Code §1102.6

    Real Estate Transfer Disclosure Statement (TDS) — Form TDS-14

    Issued by California Department of Real Estate (via C.A.R.)

    The cornerstone California disclosure. 3-page form asking the seller to itemise EVERY known material defect: foundation, roof, plumbing, electrical, drainage, room additions without permit, neighborhood noise/nuisance, and 30+ other categories. Statutorily required on the sale of any 1-4 unit residential property.

    Open the official form ↗
  2. 02 · Required

    Cal. Civ. Code §1103

    Natural Hazard Disclosure Statement (NHD)

    Issued by California Civil Code §1103 (commonly delivered via NHD report vendor)

    Discloses whether the property sits in any of six designated hazard zones: special flood, very high fire severity, wildland fire, earthquake fault, seismic, and Alquist-Priolo zones. Most California sellers buy this from a commercial NHD provider ($75–$125) — they pull the data from CalFire, DWR and CGS maps and certify the form.

    Open the official form ↗
  3. 03 · Required

    Cal. Civ. Code §2079.10a

    Megan's Law Disclosure

    Issued by California Department of Justice

    Standardised statutory paragraph that points the buyer to the public sex-offender registry. It is NOT the seller's job to research who lives nearby — only to deliver the statement. C.A.R. forms (RPA) embed this paragraph by default; for a FSBO sale, include it in the TDS or in a stand-alone notice.

    Open the official form ↗
  4. 04 · Required

    Cal. Gov. Code §53341.5

    Mello-Roos / 1915 Act Bond Disclosure

    Issued by California Streets & Highways Code §3110.5

    If the property is inside a Community Facilities District (Mello-Roos) or a 1915 Act assessment district, the seller must deliver a Notice of Special Tax with the annual tax amount, term and projects funded. The CFD tax appears on the property tax bill — request the most recent bill from the county to identify any line item beyond the base 1% assessment.

    Open the official form ↗
  5. 05 · Required

    42 U.S.C. § 4852d

    Lead-Based Paint Disclosure (federal)

    Issued by U.S. Department of Housing and Urban Development (HUD)

    Mandatory for any residential property BUILT BEFORE 1978. The seller must disclose known lead-based-paint hazards and provide the EPA pamphlet "Protect Your Family from Lead in Your Home". Buyer has a 10-day inspection window. Skip this and the sale can be unwound after closing — federal law trumps state.

    Open the official form ↗

Need a hand?

The Sell & Connect pack includes your state's full disclosure pack and a written step-by-step guide to the forms — general information, not legal advice — plus a referral to a licensed California real-estate attorney if your situation is more involved.

See Sell & Connect →

Important: YouSellSmart provides materials and process — not legal advice. The forms above are maintained by their issuing associations; verify the link is the current published version before you sign. State law updates annually.