Selling your home without a real estate agent can save money on commissions. But California law still requires certain disclosures and addenda, whether you have an agent or not. Missing a required form can delay closing and may create legal problems after the sale.
Property condition disclosures
California law requires sellers of most one- to four-unit homes to give buyers a Transfer Disclosure Statement, or TDS. Some sales are exempt, including court-ordered transfers, foreclosure sales and transfers involving government entities.
The TDS asks sellers to share known problems with the home. This can include structural issues, appliance problems and environmental hazards such as lead paint or mold. California law may hold a seller liable for failing to disclose known material defects that affect the home’s value or desirability.
Natural hazard and environmental disclosures
California law also requires sellers to disclose whether the property is in one or more of six natural hazard zones. These include a special flood hazard area, an area with the risk of potential flooding, a high fire severity zone, a wildland area that might contain significant wildfire risks, an earthquake fault zone and a seismic hazard zone. Sellers often meet this requirement by giving the buyer a natural hazard disclosure report.
Federal law also requires extra disclosures for homes built before 1978. Sellers must give buyers an EPA-approved lead paint hazard information pamphlet, disclose any known lead-based paint or lead-based paint hazards and give buyers a 10-day period to inspect for lead-based paint.
Some California homes may also have other environmental disclosure duties depending on the property’s history and condition.
Local ordinances and inspection documents
Some California cities and counties require extra disclosures or compliance documents beyond state law. These may cover smoke detectors, carbon monoxide alarms, water heater bracing and water-saving fixtures. Check with the local building or planning department to see whether any local rules apply to your sale.
Pest inspection reports are required for many FHA, VA or conventional loans. Roof certifications and general home inspections are optional by law, but buyers often ask for them.
Why the paperwork matters
Good documentation helps both sides avoid delays and disputes. If you are unsure which forms apply to your sale, a real estate attorney can review the paperwork and help you stay on track.