All the Disclosures Required When Selling a Home in California (2026)

Why California Has So Many Disclosures

California requires more seller disclosures than any other state — and it's not close. Where many states rely on a single property condition form, California mandates a stack of disclosures covering everything from natural hazards to tax assessments to environmental contamination. The framework is designed to ensure buyers have comprehensive information before committing to what is, for most people, the largest purchase of their lives.

The disclosure requirements come from multiple sources: state statutes (Civil Code §1102–§1103), federal law (lead paint), local ordinances, and contractual obligations through the standard California Residential Purchase Agreement (RPA). Missing a required disclosure doesn't just create legal liability — it can unwind a deal, delay closing, or result in post-sale litigation.

This guide covers every major disclosure California sellers need to know about in 2026, organized by type.

Transfer Disclosure Statement (TDS)

The Transfer Disclosure Statement is the foundational seller disclosure in California, required under Civil Code §1102. It's the document where the seller personally attests to the condition of the property — what they know about, what's been modified, and what defects or issues exist.

The TDS covers:

• Structural components — Foundation, roof, walls, floors, windows, doors, insulation, and any known defects or repairs.
• Systems and appliances — Plumbing, electrical, heating, cooling, water heater, built-in appliances, pool/spa equipment, and their working condition.
• Environmental and site conditions — Drainage issues, flooding history, grading problems, soil stability, environmental hazards, noise sources, and neighborhood nuisances.
• Legal and compliance matters — Room additions or alterations made without permits, homeowner association obligations, lawsuits affecting the property, and any other title or use restrictions.
• Agent visual inspection — Both the listing agent and the buyer's agent are required to conduct a visual inspection and disclose anything they observe that might affect the property's value or desirability.

The TDS is the seller's personal disclosure — it reflects what the seller actually knows. This is different from the NHD report, which is an independent third-party determination of hazard zone status. Both are required, but they serve different functions.

Natural Hazard Disclosure (NHD) Report

The Natural Hazard Disclosure report is required under Civil Code §1103 for residential sales of 1–4 unit properties. It discloses whether the property falls within any of six statutorily defined natural hazard zones:

• FEMA Special Flood Hazard Area — Federally mapped flood zones that may trigger mandatory flood insurance.
• Dam Inundation Zone — Areas at risk if an upstream dam were to fail.
• Very High Fire Hazard Severity Zone (VHFHSZ) — Areas designated by CAL FIRE as having very high wildfire risk.
• State Responsibility Area (SRA) — Wildland areas where CAL FIRE has primary firefighting authority.
• Alquist-Priolo Earthquake Fault Zone — Areas near mapped active faults.
• CGS Seismic Hazard Zone — Areas mapped for liquefaction or earthquake-induced landslide potential.

Most NHD providers — including Verity NHD — also report additional hazards beyond the statutory six, such as airport influence areas, military ordnance locations, former mining areas, and Mello-Roos Community Facilities Districts.

The NHD report is typically ordered by the seller or their agent from a qualified NHD company. The seller pays for it (in most regions), and it must be delivered to the buyer before or during escrow. The report is prepared by a third-party professional — the seller doesn't fill it out themselves.

Lead-Based Paint Disclosure

Federal law (42 U.S.C. §4852d) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead-based paint hazards. This applies nationwide, not just in California.

The disclosure includes:

• A lead warning statement in the purchase contract informing the buyer of the potential presence of lead-based paint.
• Any known information about lead-based paint or lead-based paint hazards in the home, including reports from prior inspections or risk assessments.
• A 10-day opportunity for the buyer to conduct a lead paint inspection or risk assessment (unless waived by the buyer).
• The EPA pamphlet "Protect Your Family From Lead in Your Home" must be provided to the buyer.

This disclosure is required regardless of whether the seller has any actual knowledge of lead paint. Sellers of homes built in 1978 or later are exempt.

Mello-Roos and Special Tax Disclosures

If a property is within a Mello-Roos Community Facilities District (CFD), the seller must provide the buyer with a notice of the special tax obligation under Government Code §53341.5.

Mello-Roos taxes are levied by local governments to fund public infrastructure and services — schools, roads, parks, fire stations, water systems — typically in newer developments where these amenities didn't exist when the homes were built. Unlike regular property taxes, Mello-Roos assessments are a fixed annual amount that doesn't change with the property's assessed value. They can add $2,000–$8,000+ per year to a homeowner's tax bill.

The disclosure must include the current year's tax amount and a statement that the tax may be subject to an annual increase. Many buyers in new subdivisions are surprised by Mello-Roos taxes because they don't appear in the listing's estimated property tax — they're a separate line item on the tax bill.

Supplemental tax bills are another common surprise. When a property changes ownership, the county reassesses it at the purchase price (under Proposition 13). The difference between the old and new assessed value triggers a supplemental tax bill, prorated from the date of transfer. While not a formal "disclosure" in the same sense, experienced agents alert buyers to this so they're not caught off guard.

Additional Required Disclosures

Beyond the major disclosures above, California sellers may need to provide several additional documents depending on the property and its location:

• Smoke and carbon monoxide detector compliance — California law requires functioning smoke detectors and carbon monoxide detectors in all residential properties. Sellers must deliver a written statement confirming compliance (Health & Safety Code §13113.8 and §17926).
• Water heater and water conservation compliance — The seller must certify that the water heater is braced and strapped per code, and that the property has water-conserving fixtures (Civil Code §1101.4).
• Local ordinance disclosures — Many cities and counties have their own disclosure requirements. Examples include San Francisco's 3R report (building code compliance), Los Angeles's earthquake retrofit requirements for soft-story buildings, and Berkeley's energy audit requirements.
• HOA disclosures — If the property is in a common interest development (HOA, condo association, etc.), the seller must provide CC&Rs, bylaws, financial statements, reserve studies, minutes of recent board meetings, and any pending assessments or litigation (Civil Code §4525).
• AB 38 fire zone disclosure — For properties in Very High Fire Hazard Severity Zones, sellers must provide documentation of defensible space compliance and disclose fire-hardening features (or lack thereof).
• Military ordnance location — If the property is within one mile of a former military ordnance location, this must be disclosed.
• Airport influence area — Properties near airports may require disclosure of noise and safety zones.
• Williamson Act / farmland security zone — Properties under agricultural preserve contracts require specific disclosure.
• Industrial use disclosure — Commercial or industrial zoning within one mile of a residential property may require disclosure.

What Happens If You Don't Disclose

Failure to comply with California's disclosure requirements can have serious consequences:

A buyer who discovers an undisclosed material fact after closing can pursue legal remedies including rescission (undoing the sale), compensatory damages, and in some cases punitive damages. California courts have consistently held sellers liable for failing to disclose known defects and hazard zone status.

The statute of limitations for disclosure-related claims is generally three years from the date the buyer discovers (or should have discovered) the undisclosed condition. But some claims — particularly fraud-based claims — can have longer limitation periods.

Agents face their own liability. Both listing and buyer's agents have an independent duty to disclose material facts they observe or know about. An agent who fails to ensure proper disclosures are delivered can face disciplinary action from the California Department of Real Estate, E&O claims, and personal liability in litigation.

The NHD report provides a specific layer of protection for sellers. Under Civil Code §1103.4, a seller who provides a report from a qualified NHD provider is not liable for any error, inaccuracy, or omission in the report — the liability shifts to the NHD provider. This is one of the key reasons to use a professional NHD company rather than attempting to determine hazard zone status independently.

Get Your NHD Report

The NHD report is one of the most important disclosures in any California real estate transaction — and one of the easiest to get right. Verity NHD delivers AI-verified NHD reports with same-day turnaround, E&O coverage, and a free hazard preview for any California address. Check any property's hazard zone status now — no account required, no credit card, no commitment.