California has the most demanding seller disclosure regime in the country. A standard residential resale generates 50-plus pages of statutory and contractual disclosure: TDS, SPQ, NHD, Megan's Law, lead paint, Mello-Roos, death on the property, CC&Rs, and more. I'm Brian Cooper, REALTOR(R) at eXp Realty (DRE# 01434286). I prepare disclosure packages on every listing and audit them on every buyer-side offer. Here's the full taxonomy with statute citations, what's mandatory, what's optional, and what voids a transaction if you miss it.
Quick Answer
California seller disclosure is layered. At the bottom you have the statutory floor — disclosures the legislature requires on every 1-4 unit residential transfer. The Transfer Disclosure Statement (TDS) under Civil Code 1102 et seq. is the central document. Layered on top are the Natural Hazard Disclosure Statement (NHD) under CC 1103, Megan's Law notice under CC 2079.10a, Mello-Roos disclosure under CC 1102.6b, death-on-property disclosure under CC 1710.2, lead-based paint under 24 CFR 35 for pre-1978 homes, and HOA documents under CC 4525 for common-interest developments.
Above the statutory floor sit contractual forms — most commonly the C.A.R. Seller Property Questionnaire (SPQ), Agent Visual Inspection Disclosure (AVID), and any property-specific addenda. These are not required by statute but are standard in every CAR-form transaction. The buyer has a 3-day (personal delivery) or 5-day (mail) right of rescission under CC 1102.13 if disclosures are amended materially after the contract is signed. Failure to disclose a known material fact creates damages exposure that survives closing.
1. TDS — Transfer Disclosure Statement (CC 1102)
The TDS is California's central seller disclosure form, required by Civil Code 1102 through 1102.17 on every transfer of a 1-4 unit residential property. The form is statutory; the legislature wrote the exact language and the C.A.R. Form TDS reproduces it.
The TDS asks the seller to disclose, to the best of the seller's actual knowledge, material defects affecting the property's value or desirability. It covers built-in appliances, structural systems, roof leaks, prior insurance claims, neighborhood noise, drainage and grading, soil and geological conditions, shared facilities, HOA, and many other categories. The form is signature-required by every seller and every cooperating agent.
Critical: TDS is a knowledge-based disclosure, not an inspection report. The seller discloses what the seller actually knows. Real estate licensees on either side must also conduct a reasonably competent and diligent visual inspection of accessible areas and disclose to the buyer all material facts that such an inspection reveals (Easton v. Strassburger, 1984; codified at CC 2079). That's the AVID.
Exemptions to the TDS
Not every transfer requires a TDS. CC 1102.2 exempts: (a) court-ordered transfers (probate, judicial sale, bankruptcy); (b) trustee's deed transfers and foreclosure-related transfers; (c) transfers between co-owners; (d) transfers between spouses incident to divorce; (e) certain trust-to-beneficiary transfers; (f) transfers from one government entity to another; and (g) transfers in which the buyer is the same person as the seller of a separate interest in the same parcel.
REO and probate sales frequently invoke the exemption, but exempt sellers often still complete an Exempt Seller Disclosure (CAR Form ESD) acknowledging that they have no personal knowledge of the property. Don't assume that 'exempt' means 'no disclosure' — Megan's Law, NHD, lead paint, and the C.A.R. contractual disclosures often still apply.
2. SPQ — Seller Property Questionnaire
The SPQ (CAR Form SPQ) is not in statute. It's a C.A.R.-form contractual disclosure introduced to capture material facts the TDS doesn't ask about — neighborhood conditions, prior litigation, work without permits, environmental concerns, planned development nearby, and other items that come up in litigation again and again.
Because the SPQ is contractual rather than statutory, it's only required when the purchase contract says it is. The C.A.R. Residential Purchase Agreement (CAR Form RPA) standardly requires SPQ delivery. In practice, every CAR-form transaction includes one.
I treat the SPQ as the place where sellers are most likely to under-disclose. The TDS questions are well-known and sellers usually answer carefully. The SPQ asks more open-ended questions — 'Are you aware of...' followed by 30+ items — and seller fatigue leads to undocumented 'no' answers. I push sellers to treat every question deliberately.
3. NHD — Natural Hazard Disclosure (CC 1103)
The Natural Hazard Disclosure Statement is required by Civil Code 1103 et seq. It identifies whether the property lies within any of six designated hazard zones, each defined by a specific California or federal agency.
| Zone | Source agency / statute |
|---|---|
| Special Flood Hazard Area (Zone A or V) | FEMA — National Flood Insurance Program |
| Area of Potential Flooding (Dam Inundation) | Cal. Gov. Code 8589.5 — CalOES dam failure maps |
| Very High Fire Hazard Severity Zone | Cal. Gov. Code 51178 — CalFIRE |
| Wildland Fire Area | Cal. Pub. Resources Code 4125 — CalFIRE State Responsibility Area |
| Earthquake Fault Zone | Cal. Pub. Resources Code 2622 — Alquist-Priolo |
| Seismic Hazard Zone (liquefaction / landslide) | Cal. Pub. Resources Code 2696 — Seismic Hazards Mapping Act |
NHD reports are usually third-party
Sellers don't typically complete the NHD analysis themselves. They order a Natural Hazard Disclosure Report from a commercial NHD provider (JCP, Disclosure Source, MyNHD, First American, etc.) that researches all six zones and delivers a single PDF. The cost is typically $90-$150 per report, paid by the seller at the request of the listing agent.
The NHD report itself is statutory; the format is standardized. The buyer's review of the NHD is explicitly part of the buyer's inspection contingency period. Material misrepresentation triggers the same rescission and damages exposure as a TDS error.
4. Megan's Law (CC 2079.10a)
Civil Code 2079.10a requires every California residential purchase contract to include a specified Megan's Law notice. The statute directs buyers to the California Department of Justice's registered sex offender public database at meganslaw.ca.gov.
The seller does NOT have to research or disclose specific registered offenders near the property. The statute is satisfied by including the prescribed notice text in the contract. Agents and sellers are explicitly NOT required to provide information obtained from the database to a prospective buyer.
What this means practically: the Megan's Law line in the purchase contract is the entire disclosure. The buyer is responsible for searching the database themselves. Don't let buyers think you owe more than the statutory notice — you don't, and providing specific information from the registry could create liability exposure.
5. Lead-Based Paint (24 CFR Part 35)
Federal law — the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) — requires lead-based paint disclosure on every transfer of housing built before 1978. The disclosure is delivered on the federal Lead-Based Paint Disclosure form (HUD/EPA) with an attached EPA pamphlet 'Protect Your Family from Lead in Your Home.'
The buyer receives a 10-day inspection opportunity to test for lead-based paint before becoming obligated to purchase, unless that period is mutually waived in writing. Failure to deliver the disclosure or the pamphlet exposes the seller and the listing agent to civil penalties up to three times damages plus attorney's fees under 42 USC 4852d.
Simi Valley, Thousand Oaks, and Conejo Valley housing stock skews newer, with significant inventory built after 1978. But large portions of Camarillo, Ventura, Santa Paula, Fillmore, and the older neighborhoods of Simi Valley and Newbury Park trigger lead paint disclosure. Confirm year built from the assessor record before assuming pre-1978 status.
6. Mello-Roos (CC 1102.6b)
Civil Code 1102.6b requires sellers to deliver a notice when the property is subject to a continuing lien securing the levy of special taxes under the Mello-Roos Community Facilities Act of 1982. The notice form identifies the Community Facilities District (CFD), the bond amount, the special tax calculation, payoff information, and uses of the funds.
The disclosure is obtained from the CFD administrator or a third-party Mello-Roos report provider. Many NHD providers bundle Mello-Roos lookup into the NHD report. Don't rely on tax-bill estimation — the statutory notice has to come from the district itself or its agent.
Newer Thousand Oaks tracts (post-2000 in Dos Vientos and Lang Ranch), new Moorpark inventory, parts of Camarillo new construction, and new Santa Paula tracts frequently carry Mello-Roos. Verify by APN on the Ventura County or LA County tax bill in addition to the statutory disclosure.
7. Death on the property (CC 1710.2)
Civil Code 1710.2 governs disclosure of deaths occurring on the property. The statute sets a three-year window: a seller (and agent) has a duty to disclose any death that occurred on the property within the three years preceding the buyer's offer.
There is one categorical exception: the death from HIV-related illness is not a fact that must be disclosed under CC 1710.2(b), and the statute explicitly prohibits liability for failure to disclose such a death.
Outside the three-year window, the seller has no affirmative duty to disclose deaths. However, if a buyer asks a specific direct question about death on the property, the seller cannot make a false answer — the protections of 1710.2 only apply to silence, not to misrepresentation. I always recommend disclosure of any known death even outside the three-year window, because the litigation risk of perceived misrepresentation exceeds the marketing cost of voluntary disclosure.
8. HOA / CC&Rs (CC 4525)
For common-interest developments (condominiums, planned developments under Davis-Stirling), Civil Code 4525 requires the seller to deliver a comprehensive set of HOA documents within 10 days of a buyer's request. The package includes the CC&Rs, bylaws, rules, current budget, reserve study summary, operating budget, statement of unpaid assessments, minutes of meetings of the board for the prior 12 months, age restrictions if any, and many more items.
The 10-day clock runs from the buyer's written request. In practice, the seller orders the document package from the HOA management company at listing, paying a fee that runs $150-$500 depending on the community. Delivery to the buyer is mandatory for any CID transfer.
Failure to deliver complete CC 4525 documents can void the buyer's removal of the inspection contingency and extend rescission rights. In Calabasas, Hidden Hills, Westlake, and most master-planned Conejo Valley tracts, this is a near-universal requirement.
9. Common mistakes that void disclosures
After 20+ years of listings I see the same disclosure errors repeatedly. The common ones.
- Signing the TDS in blue ink and then having an assistant fill in answers — courts treat assistant-completed boxes as not 'by the seller' and can void the form.
- Leaving the 'agent visual inspection' section blank — both agents must complete this; missing signatures void compliance with CC 2079.
- Listing the natural hazard zones the seller 'thinks' apply rather than pulling a current NHD report. The statutory disclosure is the report, not seller estimate.
- Treating Megan's Law as something the seller has to research — it's the contract notice text only.
- Ignoring lead paint on a pre-1978 home because 'the paint has been over-painted' — federal disclosure still applies regardless of physical condition.
- Failing to deliver CC 4525 HOA documents within 10 days of buyer request, then trying to remove the buyer's inspection contingency.
- Disclosing a death by saying 'someone died here' without dates — the statute is fact-specific. Be exact.
- Telling the buyer verbally about a defect but not writing it onto the TDS. Verbal disclosures aren't disclosures.
10. 1102.13 buyer's 3-day rescission right
Civil Code 1102.13 gives the buyer a powerful post-disclosure escape hatch. When the seller amends the TDS (or delivers a TDS late), the buyer has 3 business days after personal delivery of the amended TDS — or 5 business days after deposit in the mail — to terminate the offer or purchase contract in writing. The right exists even if the original inspection contingency has already been removed.
This rescission right is what makes seller disclosure in California so consequential. A material defect uncovered during escrow and added to the TDS supplement reopens the buyer's right to terminate for 3 to 5 days, regardless of how far along the transaction is. I've seen deals fall out on the day of signing because of a late TDS amendment.
The right is also why prompt, complete disclosure at listing is the right strategic move. Late surprises create rescission risk; early thorough disclosure neutralizes it. The same fact disclosed on day 1 of marketing doesn't trigger 1102.13 because there's no contract to rescind. The fact disclosed on day 30 of escrow does.
Frequently Asked Questions
What's the difference between the TDS and the SPQ?
The TDS (Transfer Disclosure Statement) is required by Civil Code 1102 — a statutory disclosure on every 1-4 unit residential transfer. The SPQ (Seller Property Questionnaire) is a C.A.R. contractual form required by the purchase contract, not by statute. Both ask the seller to disclose known material facts; the SPQ covers items the TDS doesn't reach.
Do I have to disclose a death that occurred on the property?
Yes if it occurred within three years before the buyer's offer (Civil Code 1710.2). No affirmative duty exists outside that window, with one exception: deaths from HIV-related illness are not required to be disclosed at any time under 1710.2(b). Direct questions from the buyer cannot be answered falsely regardless.
Is Megan's Law disclosure my responsibility as the seller?
The statutory notice required under CC 2079.10a is the notice text in the purchase contract, directing the buyer to the meganslaw.ca.gov database. The seller is not required (or permitted) to research and disclose specific registered offenders near the property.
How long do I have to deliver HOA documents to a buyer?
Ten calendar days from the buyer's written request, under Civil Code 4525. The package includes CC&Rs, bylaws, current budget, reserve study, board minutes for the prior 12 months, statement of unpaid assessments, and more. Most listing agents order the package from the HOA management company at listing.
What if I discover a defect during escrow?
Disclose it immediately on a TDS or SPQ amendment. Under Civil Code 1102.13, an amended TDS triggers a fresh 3-day (personal delivery) or 5-day (mail) rescission right for the buyer, even if the inspection contingency was already removed. Withholding a known defect to avoid the rescission window is fraud exposure.
Do REO and probate sales require a TDS?
No. CC 1102.2 exempts court-ordered transfers and trustee/foreclosure transfers from the TDS requirement. Sellers typically complete an Exempt Seller Disclosure (CAR Form ESD) instead. Other disclosures — Megan's Law, NHD, lead paint — often still apply.
Is the NHD report required even if I'm in a flat suburb?
Yes. The NHD report addresses all six designated zones regardless of perceived risk. Even a property in flat, non-flooding terrain receives a full NHD report indicating it's outside each zone. The statutory disclosure is the report itself.
What's the penalty for not delivering the lead paint disclosure?
Under 42 USC 4852d, civil penalties up to three times actual damages plus attorney's fees, on top of contract rescission. The federal Lead-Based Paint Disclosure form is required on every transfer of pre-1978 housing — delivery, signature, and the EPA pamphlet are mandatory.
