The Disclosures Every New CA Listing Agent Needs to Explain to a Seller
By Jimi (James) Allyn · Founder, Verity NHD · a 37-year real estate professional
Your first listing appointment, a seller will ask: "What exactly do I have to disclose?" Answering with confidence — not a vague "your agent will handle it" — is what separates an agent a seller trusts from one they're just tolerating. Here's the core set.
Transfer Disclosure Statement (TDS)
The seller's own statement about the condition of the property — known defects, past repairs, and material facts. This is the seller's words, not the agent's or the inspector's. Explain to sellers up front that omissions here create real liability, even after closing.
Natural Hazard Disclosure (NHD) report
Required under Civil Code §1103 — a third-party report showing whether the property sits in a statutory hazard zone (flood, fire, earthquake fault, seismic, or a hazardous waste area). Unlike the TDS, this one isn't the seller's opinion — it's a factual determination from government maps. See what an NHD report covers so you can walk a seller through theirs before a buyer's agent does it for you.
Seller Property Questionnaire (SPQ)
A supplemental form, used by most California associations, that goes further than the TDS — neighborhood noise, insurance claims history, permit status on improvements. New agents sometimes treat it as optional boilerplate; it isn't, and a careless SPQ answer is a common source of post-closing disputes.
Lead-based paint and local ordinances
- Federal lead-based paint disclosure, required for any home built before 1978.
- Megan's Law notice, standard language in most purchase agreements.
- City- or county-specific disclosures — point-of-sale retrofit requirements, rent control notices, or local hazard ordinances that vary block to block.
Local ordinance requirements are the easiest category to miss because they don't show up in a generic forms packet. Check with your local jurisdiction, or your broker, for anything specific to the property's city.
Bottom line
A seller who understands what's being disclosed and why is a calmer client and a more defensible file. Walk every new listing through the TDS, NHD, and SPQ in plain language before escrow opens — not after a buyer's agent raises a question you can't answer.