California Seller Disclosure Requirements

California has some of the most extensive seller disclosure requirements in the country, and they exist for a reason: missed or incorrect disclosures are the single biggest source of lawsuits after a home sale. The good news is that the requirements are knowable, and complete, honest disclosure is your strongest protection against a claim. This guide covers what you must reveal when selling a California home in 2026.

The Transfer Disclosure Statement

The centerpiece of California disclosure is the Transfer Disclosure Statement, or TDS, required under Civil Code 1102 for sales of one-to-four-unit residential property. On it, you disclose the known condition of the home and its systems, appliances, structural elements, known defects, and more. You complete it based on what you actually know. Many sellers also complete the Seller Property Questionnaire, or SPQ, a more detailed companion form that asks deeper questions about repairs, insurance claims, and water damage, providing an extra layer of protection.

Importantly, both your listing agent and the buyer's agent must complete their own sections of the TDS based on a visual inspection, so red flags an agent notices get documented too. But your duty as the seller to disclose what you know is independent of what the agents observe.

The other required disclosures

Beyond the TDS, a California sale typically requires several more documents:

• Natural Hazard Disclosure (NHD): whether the property sits in flood, fire, seismic, or other designated hazard zones.
• Lead-based-paint disclosure: required for homes built before 1978.
• Megan's Law notice: a standard notice about the availability of sex-offender registry information.
• Preliminary title report, and depending on the property, well, septic, or other local disclosures.
• New 2026 rules: disclosure of digitally altered or AI-generated listing photos, and certain tobacco or smoke history.

Some locations add their own requirements, such as right-to-farm notices or airport-noise disclosures, so the exact packet depends on where the property is.

Material facts and the as-is myth

California courts interpret "material fact" broadly. If a reasonable buyer would consider something important in deciding whether to buy or how much to pay, it likely must be disclosed, even if it is not physical. That can include neighborhood nuisances like persistent noise, or a known death on the property within certain timeframes. When in doubt, disclosing is safer than not.

The most important myth to dispel is that selling "as-is" removes your duty to disclose. It does not. An as-is sale means you will not make repairs; it does not waive your obligation to reveal known material facts. Buyers can and do sue years after closing over conditions the seller knew about and hid. Complete disclosure is your best legal protection, not a risk.

Protecting yourself

The sellers who avoid disclosure trouble treat it as an opportunity for transparency rather than a hurdle. Deliver a complete, organized disclosure packet up front, consider pre-listing inspections so issues are documented by third parties, and disclose anything you are unsure about. Ashlar LDA can prepare your California disclosure documents at your direction, and Serve First Realty guides you through what your specific property and location require. This is general information, not legal advice; for complex situations, consult a real estate attorney.