Selling a house in California comes with a few responsibilities. One of which is to disclose any and all information about the property that could negatively impact the value or livability of the home.

The main reason for disclosure is to protect both the buyer and seller from any legal issues down the road. If, for example, there was a problem with the foundation that the seller was aware of but did not disclose, the buyer could come back and sue the seller for fraud.

Disclosure laws vary from state to state, so it’s important to consult with a real estate attorney or your real estate agent to ensure you are following all the rules.

What Is Disclosure In Real Estate?

Disclosure in real estate refers to providing information about a property to potential buyers. This can include issues like lead paint or flood zones.

Buyers should be fully informed about any risks or problems before purchasing. In most states, sellers are required to disclose any material defects that could impact the value or safety of the property.

What Are The Mandatory Real Estate Disclosures In California?

When you sell your house in California, you must provide certain disclosures by law. These help inform buyers about any issues with the property. Common mandatory disclosures include:

Seller’s Property Disclosure Statement: Provided within 10 days of receiving an offer, including known defects and legal issues related to the property.
Lead-Based Paint Disclosure (for homes built before 1978).
Natural Hazard Zone Disclosure.
Mold Disclosure (if applicable).

California Seller Disclosure Form

Click here to download the current and standard California Seller Disclosure Form

Does Seller Have To Disclose Previous Inspection?

Yes, sellers must disclose any previous inspection reports to the buyer within 10 days of receiving a purchase offer.

While sellers aren’t required to provide a new home inspection report, any existing one must be disclosed.

What Happens If Seller Does Not Disclose?

If a seller fails to disclose required information, the buyer can sue for fraud. In some cases, buyers may cancel the contract and recover their deposit.

The buyer must prove that the seller knowingly withheld information that impacted the home’s value.

Transfer Disclosure Statement California

The Transfer Disclosure Statement (TDS) is a mandatory form that outlines the property’s condition, including known defects or problems.

The TDS is not a substitute for a home inspection but gives buyers important insight into the property. Some sellers, like banks selling foreclosures or non-occupants, may be exempt. Consult a real estate attorney to confirm your obligations.

How To Make A Disclosure Statement?

Gather Information: Collect all facts about the property that could affect its value or safety, such as structural issues, plumbing problems, or hazardous materials.
Draft the Statement: Introduce yourself and your property, then list all material defects and hazards with relevant details (discovery dates, actions taken, etc.). Include any property use restrictions.
Have It Reviewed: Get the statement reviewed by a real estate attorney or agent to ensure legal compliance before giving it to buyers.

What Stops A House From Selling?

Some common reasons houses don’t sell include:

Asking price is too high.
The property needs significant repairs.
Poor staging and presentation.
Location in an undesirable area.

Proper pricing, staging, and repairs can help improve your chances of a quick sale.

Can You Sell A House That Needs Repairs?

Yes! If your house needs repairs but you don’t have the budget to fix it, Friendly Offer can help. We buy houses as-is and can close on your timeline.

We’ve helped many sellers in your situation and are committed to making the process easy. Whether your home needs minor updates or major renovations, we’ll give you a fair cash offer.

Friendly Offer buys any house in any condition. Call us today at (805) 422-7049 to learn more!