What must a home seller disclose in California?

California imposes one of the broadest seller-disclosure regimes in the country.

1. The TDS — Civ. Code § 1102

Required for sales of 1-4 unit residential dwellings.

Seller must complete the Transfer Disclosure Statement identifying known defects in roof, plumbing, electrical, HVAC, foundation, drainage, and appliances.

Must be delivered "as soon as practicable" before transfer of title.

Buyer has a 3-day rescission right (5 days if mailed) after late delivery.

2. Natural Hazard Disclosure (NHD)

Civ. Code § 1103 requires disclosure of 6 statutory zones: special flood hazard, dam inundation, very high fire severity, wildland fire, earthquake fault, and seismic hazard.

Usually prepared by a third-party NHD service.

3. Other Mandatory Disclosures

Mold (Toxic Mold Protection Act, H&SC § 26147) — known mold conditions.

Megan's Law notice (Penal Code § 290.46).

Death on the property within 3 years (Civ. Code § 1710.2).

Lead-based paint under federal 42 USC § 4852d for pre-1978 homes.

Methamphetamine contamination if remediation order exists.

4. "As-Is" Limits

"As-is" sales do not waive the statutory TDS duty or fraud claims (Lingsch v. Savage, 213 Cal.App.2d 729). Sellers remain liable for concealed material defects they knew about.

5. Exemptions from TDS Form (but not from disclosure of known defects)

Court-ordered transfers, probate, foreclosure trustee sales, transfers between co-owners, and transfers to/from a spouse.

6. Statute of Limitations

3 years for fraud (CCP § 338(d)) from discovery.

2 years for negligence (CCP § 339).

This is legal information, not legal advice.