What are seller disclosures?

Seller disclosures are legally required documents where sellers inform potential buyers about known issues or defects with the property. These disclosures ensure transparency and protect both parties in a real estate transaction.

What must be disclosed when selling a home in California?

California law requires sellers to disclose:

• Property defects (plumbing, electrical, foundation, roof)

• Past repairs or remodeling

• Water damage or mold issues

• Pest infestations or termite problems

• Environmental hazards (lead paint, asbestos, radon)

• Natural hazard zones (flood, fire, earthquake risks)

• HOA fees and restrictions (if applicable)

• Legal disputes related to the property

What is the Transfer Disclosure Statement (TDS)?

The TDS is a mandatory California form where sellers list known defects and issues with the property, including appliances, systems, and structural concerns. It’s one of the most critical disclosure forms in the sale process.

What is the Natural Hazard Disclosure (NHD) report?

The NHD report identifies whether a property is located in specific natural hazard zones, such as floodplains, fire zones, or seismic fault lines. Sellers are legally required to provide this report to buyers.

Are there additional disclosures for homes built before 1978?

Yes. Homes built before 1978 must include a Lead-Based Paint Disclosure form, informing buyers of the potential presence of lead-based paint, which can pose serious health risks.

Can sellers be held liable for failing to disclose issues?

Yes. If sellers intentionally fail to disclose known problems, they can face legal action, including being sued for damages after the sale. Full and honest disclosure helps avoid future disputes.

Do sellers need to disclose deaths on the property?

If a buyer finds that the seller knowingly withheld information, they may pursue legal remedies such as contract cancellation, financial compensation, or even a lawsuit for damages.

What happens if a buyer discovers undisclosed problems after the sale?

If a buyer finds that the seller knowingly withheld information, they may pursue legal remedies such as contract cancellation, financial compensation, or even a lawsuit for damages.

How can a real estate attorney help with seller disclosures?

An experienced real estate attorney ensures that all necessary disclosure forms are correctly completed and legally compliant, reducing the risk of legal disputes and protecting your interests throughout the sale process.