Understanding California Home Disclosures
A 2026 guide to California seller disclosures: the TDS, Natural Hazard Disclosure, SPQ, lead-based paint, and local requirements — and why full disclosure protects you.
California's Disclosure Rules
California has some of the strongest seller-disclosure laws in the nation. The guiding principle is simple: sellers must disclose known material facts that affect the value or desirability of the property. Understanding the paperwork protects both sides of the transaction.
The Core Documents
Transfer Disclosure Statement (TDS)
The foundational form where the seller discloses the condition of the home — appliances, systems, known defects, and issues. It cannot be waived in most standard residential sales.
Natural Hazard Disclosure (NHD)
Reveals whether the home is in a designated flood, wildfire, earthquake fault, or other hazard zone. Given California's fire and flood risk, buyers read this closely, and it can affect insurance costs.
Seller Property Questionnaire (SPQ)
A more detailed companion to the TDS covering neighborhood nuisances, past repairs, insurance claims, and more. Common in California transactions.
Lead-Based Paint Disclosure
Federally required for homes built before 1978. Sellers disclose known lead hazards and provide an informational pamphlet.
Local and Situational Disclosures
Depending on location you may also see disclosures for Mello-Roos and special assessment districts, transfer taxes, rent control, solar liens, and more. Homes in HOAs require delivery of governing documents and financials.
Why Full Disclosure Is Your Best Protection
It can feel counterintuitive to volunteer every flaw, but non-disclosure of a known material defect is the fastest route to a post-closing lawsuit. Thorough, documented disclosure dramatically reduces a seller's legal risk. Your Avonya agent will guide you through the full disclosure package so nothing is missed.
Frequently Asked Questions
What disclosures are required when selling a home in California?
California requires a Transfer Disclosure Statement (TDS), a Natural Hazard Disclosure (NHD), a Seller Property Questionnaire in many transactions, lead-based paint disclosure for pre-1978 homes, and various local and state advisories. Sellers must disclose known material facts affecting value or desirability.
What is a Natural Hazard Disclosure?
The NHD tells the buyer whether the property sits in a state-designated hazard zone — such as a flood, fire, seismic, or landslide area. Sellers typically buy an NHD report from a third-party company to satisfy this requirement.
Can a seller be sued for failing to disclose?
Yes. Failing to disclose a known material defect is one of the most common sources of California real estate lawsuits. Full, honest disclosure protects the seller far more than staying silent.
Ready to Take the Next Step?
Whether you're buying, selling, or just exploring your options, our expert Avonya agents are here to help you make the smartest move in California real estate.