Selling a House in California: Required Seller Disclosures

When you sell a California home you must give the buyer a Transfer Disclosure Statement and, where applicable, a Natural Hazard Disclosure, and disclose any known condition that materially affects the property's value. Sales by an executor or trustee of an estate are generally exempt from the TDS.

California is a strong disclosure state: a home seller’s main legal obligation is to tell the buyer what they know about the property.

The Transfer Disclosure Statement (TDS)

For most sales of residential property, the seller must complete a Transfer Disclosure Statement (Civil Code §1102 et seq.) describing the home’s condition and any known defects. The duty is mandatory — any attempt to waive the TDS is “void as against public policy” (§1102(c)). It must be delivered to the buyer as soon as practicable before transfer of title.

The duty to disclose material facts

Beyond the form, California law preserves the seller’s duty to disclose any fact that materially affects the value or desirability of the property (§1102.1). Selling “as-is” does not erase this — it signals you won’t make repairs, but you still can’t conceal known problems.

Natural Hazard Disclosure

If the property lies in a designated hazard area, the seller also provides a Natural Hazard Disclosure Statement (Civil Code §1103) covering flood, fire, and seismic zones.

The estate / trust exemption

This matters for our readers: sales by a fiduciary in a probate or trust administration are generally exempt from the TDS (§1102.2), as are transfers ordered by a probate court. So an executor selling a home as part of settling an estate usually doesn’t complete a TDS — although an exemption may not apply to a trustee who actually lived in the home. See selling inherited or probate property.

Disclosure mistakes are a common source of lawsuits. To get help from a local attorney, connect with a lawyer.

Frequently asked questions

What is a Transfer Disclosure Statement (TDS)?

A statutory form (Civil Code §1102 et seq.) in which the seller of residential property discloses the property's known condition and defects. The duty to disclose can't be waived — a waiver is void as against public policy (§1102(c)).

Can I sell a house 'as-is' and skip disclosures in California?

No. Selling 'as-is' does not eliminate the duty to disclose known material defects, and the TDS waiver is void. 'As-is' mainly signals you won't make repairs — it doesn't excuse hiding problems.

Does an executor selling estate property have to give a TDS?

Generally no. Transfers by court order in a probate administration, and sales by a fiduciary administering a decedent's estate or trust, are exempt from the TDS (Civil Code §1102.2) — though a fiduciary who actually lived in the home may not qualify.

What is a Natural Hazard Disclosure?

A statement (Civil Code §1103 et seq.) disclosing whether the property sits in a designated flood, fire, or seismic hazard zone.

Related guides

California Evictions: The Process & Tenant Protections A California landlord can't evict by self-help — only a court can, through an 'unlawful detainer' lawsuit that starts with a written notice. For covered units, the Tenant Protection Act requires just cause to evict after 12 months and caps annual rent increases at 5% plus regional inflation, up to 10%.

California Security Deposit Rules As of 2026, California caps most residential security deposits at one month's rent (under AB 12, effective July 1, 2024), and the landlord must return the deposit with an itemized statement within 21 days after move-out. A qualifying small landlord may charge up to two months.

How to Hold Title to California Real Estate How you hold title decides what happens to California real estate when you die. Survivorship forms — joint tenancy and community property with right of survivorship — pass to the co-owner outside probate, while sole ownership and tenancy in common can send the property through probate.

Selling Inherited or Probate Property in California How you sell inherited California real estate depends on how it was held. Property in a trust or held with right of survivorship can be sold without probate; property in a probate estate is sold by the court-appointed personal representative, sometimes with court confirmation. Inherited property generally receives a stepped-up tax basis.

Selling a House in California: Required Disclosures