CALIFORNIA REAL ESTATE DISCLOSURE REQUIREMENTS AND FORMS GUIDE

This Disclosure Requirements and Forms Guide summarizes the key disclosure obligations under California law for residential real estate transactions. It is intended as a reference for sellers, buyers, and real estate licensees. This Guide is not a substitute for legal advice or the actual forms. All disclosures must be provided in the form and timing required by statute and the California Department of Real Estate (DRE).

Transaction Type: [[Transaction Type]] (e.g., sale, purchase, refinance, lease)

Property Type: [[Property Type]] (e.g., single family, condo, multi-unit, manufactured)

Role of User: [[User Role]] (Seller / Buyer / Listing Agent / Buyer's Agent)

1. Agency Relationship Disclosure (AD Form) California law (Civil Code § 2079.13 et seq.) requires that the "Disclosure Regarding Real Estate Agency Relationships" (CAR Form AD or equivalent) be provided at the first substantive contact with a party.

• The agent must disclose whether they represent the seller, buyer, or both (dual agency).
• Written confirmation of the agency relationship must be obtained.
• Delivery timing: At first substantive contact; before the buyer or seller signs any offer or listing agreement in most cases.
• Failure to provide can result in disciplinary action and potential liability.

2. Transfer Disclosure Statement (TDS) Governed by California Civil Code § 1102 et seq. (and § 1102.6 for the statutory form).

• Required for most residential real property sales (1-4 units).
• Seller must disclose known material defects, including but not limited to: structural, roof, plumbing, electrical, HVAC, appliances, environmental hazards, neighborhood nuisances, HOA status, and any death on the premises within the prior 3 years (§ 1710.2).
• Form: Commonly the CAR TDS-14 or statutory equivalent.
• Timing: Seller provides to buyer as soon as practicable; buyer must receive before making offer or within statutory window.
• Exemptions: Certain probate sales, foreclosure, trustee sales, and transfers between co-owners or family in some cases.

3. Natural Hazard Disclosure (NHD) Required under Civil Code § 1103 et seq. for most transfers.

• Seller or agent orders an NHD report from a qualified provider covering:
• Special Flood Hazard Areas
• Earthquake Fault Zones (Alquist-Priolo)
• Seismic Hazard Zones
• High Fire Hazard Severity Zones
• Wildland areas
• The NHD is separate from the TDS.
• Timing: Provided to buyer before transfer of title; often delivered with TDS package.

4. Lead-Based Paint Disclosure (Pre-1978) Federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) + California requirements.

• For housing built before 1978.
• Seller must disclose known lead-based paint or hazards.
• Provide EPA pamphlet "Protect Your Family From Lead in Your Home".
• Buyer has 10 days (or other agreed period) to conduct inspection.
• Must be included in the purchase contract or as addendum.

5. Megan's Law Disclosure Civil Code § 2079.10a.

• Every purchase contract and TDS must contain the statutory notice regarding the Megan's Law database.
• Notice: Information about registered sex offenders is available at www.meganslaw.ca.gov.
• No duty on seller/agent to determine if offenders live nearby; the notice itself satisfies the obligation.

6. Smoke Detector and Carbon Monoxide Alarm Compliance Health & Safety Code §§ 13113.7, 17926, 17926.1.

• Seller must disclose that the property is equipped with required smoke alarms.
• For properties with fossil-fuel appliances, fireplaces, or attached garages: carbon monoxide alarms are required.
• Disclosure in TDS or separate statement. Working devices must be present at time of transfer.

7. Water Heater Bracing / Seismic Strapping Health & Safety Code § 19211.

• Seller must disclose whether the water heater is braced, anchored, or strapped as required for earthquake safety.
• Often included in TDS.

8. Military Ordnance Disclosure Civil Code § 1940.7.

• If the property is located within one mile of a former or current federal or state military ordnance location, Seller must disclose that fact.

9. Window Security Bars / Safety Release Civil Code § 1102.16 (and Health & Safety Code).

• Disclosure required if the dwelling has window security bars or grilles that may impede emergency egress.
• Must disclose whether they have safety release mechanisms.

10. Death on the Premises Civil Code § 1710.2.

• Seller must disclose if any death occurred on the property within the preceding three years.
• Applies even if not material to physical condition.

11. Mello-Roos and Special Tax Disclosures Civil Code § 1102.6b; Government Code.

• If the property is subject to a Mello-Roos community facilities district or other special tax assessment, Seller must disclose the existence, amount, and duration of the taxes.
• Often provided via the NHD or separate statement from the district.

12. SB 800 (Construction Defect) Notice (Newer Homes) For homes sold new after 2003 in many cases.

• Seller/developer disclosures regarding construction defect claims procedures under SB 800 (Civil Code §§ 895-945.5).
• Notice of the builder's right to repair before litigation.

13. Proposition 65 Warnings Health & Safety Code § 25249.6.

• If applicable to the property (e.g., certain building materials or proximity to listed chemicals), warning may be required.

14. Other Common Disclosures - Flood hazard status beyond NHD when locally required. - Earthquake Fault Zone and Special Flood Hazard Area maps references. - Shared utility metering or submetering (Civil Code § 1940.9). - Any known insurance claims history affecting insurability. - Solar panel leases or PACE assessments (must be disclosed and often paid off or assumed with consent).

15. Exemptions from Full Disclosure Requirements Certain transfers are exempt or have reduced requirements:

• Probate court sales and certain trustee sales
• Transfers by foreclosure or deed in lieu
• Transfers between spouses or domestic partners in dissolution
• Transfers to or from governmental entities
• Transfers of 1-4 unit properties where seller has not occupied in last year in limited cases (check current law)
• Even in exempt transfers, lead paint and some federal disclosures may still apply.

16. Role-Specific Obligations

Seller Obligations:
- Provide complete and accurate TDS and all supplemental disclosures in good faith.
- Deliver NHD report.
- Respond promptly to buyer requests for additional information or inspections.
- Disclose any material changes that occur after initial disclosure.

Buyer Obligations:
- Review all disclosures carefully.
- Conduct independent inspections within contingency periods.
- Deliver timely written notice of cancellation or requests for repairs.
- Acknowledge receipt of agency disclosures.

Agent / Broker Obligations (Listing and Buyer's):
- Provide AD form at first substantive contact.
- Ensure TDS, NHD, and all required disclosures are delivered timely.
- Disclose any known material facts not included in seller disclosures (Civil Code § 2079).
- Recommend professional inspections and NHD to clients.
- Maintain records of delivery of disclosures.

17. Timing Summary Table

18. Consequences of Non-Disclosure Failure to provide required disclosures can result in:

• Rescission of the purchase agreement by Buyer
• Liability for damages
• DRE disciplinary action against licensees
• Potential fraud claims

19. Best Practices - Use current CAR or statutory forms. - Keep copies of all signed disclosures and delivery receipts. - Update disclosures if new information becomes known before closing. - For agents: document delivery method and date. - Always advise clients that disclosures are not warranties and independent verification is essential.

20. Resources - California Civil Code §§ 1102, 1103, 2079 - California Department of Real Estate (DRE) website - California Association of Realtors (CAR) forms library (current versions) - Local city/county ordinances that may impose additional disclosure requirements, -

*This Guide is a template summary of California disclosure requirements for real estate transactions. Laws and forms change; references are current as of 2026-06. Always use the most recent official forms, verify with primary statutes and DRE guidance, and consult qualified legal counsel. This is not legal, tax, or professional advice. Complete all [[tokens]] and customize for the specific transaction.*