California Seller Disclosure Requirements: What You Must Disclose

Selling a house the traditional way in California means filling out a stack of legally required disclosure forms. Miss one detail and you could face a lawsuit years after the sale closes. Get something wrong and the buyer can back out or demand a price cut.

These requirements exist for good reason. But for sellers who want a simpler path, selling to a cash buyer like Acquily removes most of this stress. We buy as-is and handle our own due diligence, so the paperwork burden on you is dramatically lighter.

The Transfer Disclosure Statement (TDS)

In a traditional sale, California Civil Code 1102 requires you to fill out a Transfer Disclosure Statement. This is a multi-page form asking you to describe the condition of nearly every part of your property.

You have to answer questions about your roof, foundation, plumbing, electrical, HVAC, appliances, drainage, pest history, and more. Then your listing agent fills out their own section. Then the buyer's agent fills out theirs. If anything changes before closing, you have to update the form.

If you forget something or get it wrong, the buyer can cancel the deal. Or worse, they can sue you after closing for failing to disclose a known problem.

Foundation cracks, settling, or water damage
Roof age, leaks, and repairs
Plumbing, electrical, and HVAC condition
Mold, asbestos, lead paint, or radon
Boundary disputes, easements, or encroachments
Work done without permits
Past insurance claims on the property
Noise or nuisance issues in the neighborhood

Natural Hazard Disclosure (NHD)

On top of the TDS, you need a Natural Hazard Disclosure report. This tells the buyer whether your property sits in a flood zone, earthquake fault zone, fire hazard area, or other designated risk zone.

Most sellers pay a third-party company $75 to $150 to prepare this report. It is one more form, one more cost, and one more thing that can raise red flags for a nervous buyer.

The Rest of the Paperwork

The TDS and NHD are just the start. Depending on your property, you may also need to provide all of the following.

Lead-Based Paint Disclosure for homes built before 1978
Mello-Roos and Special Tax Disclosure if your property is in a special tax district
HOA documents including CC&Rs, budgets, and meeting minutes
Smoke and carbon monoxide detector compliance statements
Water heater strapping and earthquake safety compliance
Military ordnance location disclosure if applicable
Disclosure of any death on the property within the past 3 years

What Happens When You Sell to Acquily Instead

When you sell to Acquily, we handle our own inspections and due diligence. We do not ask you to fill out pages of condition reports. We do not renegotiate based on what we find. We make you an offer, you accept, and we close.

You still need to be honest about what you know. California law requires that in any sale. But the process is dramatically simpler because we are not a nervous first-time buyer looking for reasons to walk away. We buy houses in any condition, and we have seen it all.

No TDS negotiations. No buyer's agent writing up a list of demands. No deal falling apart because of a disclosure surprise.

Selling As-Is Does Not Mean Hiding Problems

We want to be clear. Selling as-is does not mean you can hide known defects. California law requires honesty in every transaction, regardless of how you sell.

The difference is what happens after you disclose. In a traditional sale, disclosures often trigger repair requests, price reductions, or cancellations. When you sell to Acquily, we already expect the property to need work. Disclosures do not change our offer.

Frequently Asked Questions

What happens if I forget to disclose something in a California home sale?

If you genuinely did not know about a problem, you are generally protected. But if a court decides you should have known or deliberately left it out, you could face a lawsuit and financial damages even years after closing.

Do I still need to disclose problems if I sell to a cash buyer?

Yes. California law requires honesty about known defects in every sale. The difference is that a cash buyer like Acquily does not use disclosures as leverage to renegotiate or cancel.

How many disclosure forms do I need in a traditional California sale?

A typical traditional sale involves 5 to 10 disclosure forms including the TDS, NHD, lead paint disclosure, and various compliance statements. The exact number depends on your property type and location.

Can I skip disclosures by selling to Acquily?

You cannot skip being honest about what you know. But selling to Acquily means you skip the extensive TDS process, the back-and-forth negotiations that disclosures trigger, and the risk of a buyer walking away over inspection findings.

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