California Seller Disclosures: What San Diego Home Sellers Must Tell Buyers

by Trevor Landress

California seller disclosures are the written statements you give buyers about your home's condition and surroundings, and for most San Diego sellers of one-to-four unit homes the main form is the Transfer Disclosure Statement, usually called the TDS. The rules come from the California Civil Code, and the part that surprises sellers most is timing: if buyers get the paperwork after they have already made an offer, they get a window to cancel. I checked the official code pages on October 14, 2026, and this guide walks through what you sign, when it goes out and how to avoid a late delivery.

The short answer

Most sellers give buyers a Transfer Disclosure Statement, a Natural Hazard Disclosure Statement and a few add-on notices.
Deliver them early. If they arrive after an offer is made, the buyer has 3 days to cancel after hand delivery or 5 days after mail or electronic delivery.
Selling "as is" does not erase the duty to disclose. The code says the TDS cannot be waived in an as is sale.
Answer from what you actually know. When a question is unclear, ask your agent or a real estate attorney before you sign.

The forms most San Diego sellers sign

Think of disclosures as a packet. Your agent will usually pull the packet together, but you are the one who answers the questions and signs, so it helps to know what is in it.

Form	What it covers	What to know
Transfer Disclosure Statement (TDS)	The condition of the home, its systems and known problems	You fill out sections about what you know. Your agent completes a separate section about what they saw.
Natural Hazard Disclosure Statement	Whether the home sits in certain mapped hazard zones, such as flood, high fire hazard and earthquake fault zones	Usually prepared with the help of a report company. Zone maps change, so use a current report.
Lead-based paint disclosure	Known lead paint hazards in homes built before 1978	A federal notice that applies on top of California rules.
Water-conserving plumbing notice	Whether the property has plumbing fixtures that do not meet California's water-saving standards	Civil Code Section 1102.155 requires this for single-family homes.
Seller property questionnaire	Extra questions about repairs, neighbors, noise, HOA matters and past work	Not required on its own, but it is the form where many sellers share more detail.

Condo and HOA sellers also deal with association documents. Those are a separate stack, and your escrow or HOA management company can tell you what is needed.

When buyers must receive them

The code says you must deliver the statement as soon as practicable before transfer of title. In plain terms, that means early, and in practice it means before the buyer is locked into a contract.

Here is the rule that matters most. If any disclosure, or a material change to one, is delivered after an offer was made, the buyer has 3 days to cancel after delivery in person, or 5 days after delivery by mail. The code also gives 5 days for an electronic record when both sides agreed to use electronic delivery. That is in Civil Code Section 1102.3.

A hypothetical shows why it matters. Say you accept an offer on a Monday and your agent hands the packet to the buyer's agent on Thursday. The buyer now has 3 days from Thursday to cancel for any reason tied to that late delivery, even if the packet says nothing alarming. You can avoid that stress by having the packet ready the day you list.

If you already read my guide to preparing your home to sell, you know I suggest gathering paperwork about a month before listing. Disclosures are a big reason why.

"As is" does not mean "no disclosures"

Many sellers think an as is sale lets them skip the form. It does not. Section 1102.1 of the Civil Code states the legislature's intent that delivery of the TDS cannot be waived in an as is sale. An as is clause can limit what repairs you agree to make. It does not cancel your duty to tell the truth about what you know.

Another section, 1102.8, adds that the list of items in the statute does not limit other disclosure duties that exist to prevent fraud, misrepresentation or deceit. So the form is a floor, not a ceiling. If you know about something that would matter to a buyer, ask your agent how to disclose it, even if the form has no neat box for it.

What counts as "known"

You are generally asked to disclose what you actually know, not to guess at hidden problems. If you have lived with a slow drain, a roof patch, a past leak or a noisy neighbor, the form asks about it. If you have never seen an issue and truly do not know, you can say so.

Past leaks, flooding, pest problems or foundation repairs, even if they were fixed.
Work done without permits, or work where you are not sure about the permits.
Insurance claims or repairs after storms or fires.
Neighborhood noise, shared walls, shared driveways or boundary questions.
Any HOA disputes, special assessments or rule changes you know about.

If you are unsure whether something has to be disclosed, ask a real estate attorney. This guide cannot answer that for your home.

A simple disclosure checklist before you list

Ask your agent for the current versions of the forms. The state updates them, and an old copy can be wrong.
Walk the home and list every repair, leak, remodel and permit you know about.
Find permits, receipts and warranties for past work.
Gather HOA documents if the home is in an association.
Fill out the forms yourself, honestly, then review them with your agent.
Order the hazard report so it is ready when offers come in.
Deliver the full packet with the listing, so buyers see it before they write an offer.

If a buyer sends repair requests after an inspection, that is a different step, and I cover it in my guide on responding to inspection repair requests. Doing a seller inspection first can also help you fill out the forms with confidence, which I explain in my pre-listing inspection guide.

Important notice

Important notice: This guide is general information about California seller disclosures. It is not legal advice, and I am a REALTOR®, not an attorney. Laws and forms change and depend on your facts. Before you decide what to disclose or how to word an answer, talk with a licensed California real estate attorney.

My advice for San Diego sellers

Gather your disclosure packet before you list, not after you get an offer.
Use the current forms, and fill them out yourself from what you actually know.
When in doubt, share more detail rather than less, and ask an attorney about gray areas.
Keep permits, receipts and warranties in one folder so answers are easy to back up.
Never skip disclosures because you are selling "as is."

Call or text me at (619) 402-4614 or send me a message.

Call or text (619) 402-4614 Contact Trevor Landress

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Frequently asked questions

What are California seller disclosures?

They are written statements that tell buyers about your home's condition and surroundings. Most sellers of one-to-four unit homes give a Transfer Disclosure Statement, a Natural Hazard Disclosure Statement and a few related notices.

When do I have to give buyers the Transfer Disclosure Statement?

As soon as practicable before transfer of title, and ideally before the buyer makes an offer. If it arrives after an offer, the buyer has 3 days after hand delivery or 5 days after mail or electronic delivery to cancel.

Do I still have to disclose if I sell my house as is?

Yes. The Civil Code states the legislature's intent that the TDS cannot be waived in an as is sale. An as is clause may limit repairs, but it does not remove your duty to disclose.

What if I do not know about a problem in my house?

The form asks about what you know. If you have never seen or heard about an issue, you can say you are not aware of it. If you are unsure, ask your agent or an attorney before you answer.

Who fills out the disclosure forms?

You answer the seller sections, and your listing agent completes a separate section about what they observed. Review everything before you sign.

About the author

Trevor Landress is a San Diego REALTOR® with Coldwell Banker West (DRE# 02126901). He was born and raised in San Diego and has been licensed since 2021.

Trevor is part of the Campbell Group, a three-generation real estate team, and he and the Campbell Group consistently rank as a top producing team at Coldwell Banker West each month.

He helps homeowners sell, guides first-time buyers through the home buying process and assists investors with their next acquisition. His work includes negotiating offers, analyzing market trends, building pricing strategies and running marketing campaigns for his listings. He serves clients across San Diego County, from coastal communities like La Jolla, Del Mar and Carlsbad to neighborhoods inland.

He writes these guides to help San Diego buyers and sellers navigate an ever-changing market. To talk through your plans, call or text (619) 402-4614 or contact Trevor Landress.

How I help San Diego home buyers

I walk buyers through each step, from getting pre-approved and touring homes to writing offers, reviewing inspections and getting to the closing table. I explain the numbers in plain English so you know what you are agreeing to before you sign.

How I help San Diego home sellers

I help sellers price their home from recent sold comparables, plan prep and photos, review every offer beyond the price, and keep the sale on track through inspection, appraisal and closing.