The 7 Disclosures California Sellers MUST Sign (Miss One and You're Liable)

California law requires home sellers to sign and deliver at least seven disclosure documents to the buyer before close of escrow. Failing to provide any required disclosure — or providing inaccurate information — exposes you to lawsuits, rescission of the sale, and financial liability that can exceed $100,000. This is not optional paperwork. It is your legal shield. Here is every disclosure you need to know, what it covers, and how to fill each one out without panic.

1. Transfer Disclosure Statement (TDS) — The Big One

The TDS (California Civil Code 1102–1102.17) is the most important disclosure form you will sign. It requires you to disclose every known material fact about the property's condition — structural issues, water damage, pest infestations, neighborhood nuisances, renovations done without permits, and anything else that could affect the buyer's decision. The form has checkboxes, but the real liability lives in the 'Additional Comments' section. Be thorough. Disclose generously. Courts have consistently ruled that 'I didn't know' is not a valid defense if you should have known. Your agent will review this with you line by line.

2. Natural Hazard Disclosure (NHD) — Third-Party Report

The NHD report identifies whether your property sits in a flood zone, fire hazard zone, earthquake fault zone, seismic hazard zone, or other natural hazard area. In the Antelope Valley, most properties are flagged for seismic hazard (we are near the San Andreas Fault) and some areas near the foothills are in fire hazard zones. Your agent orders this from a third-party company (cost: $75–$125, typically paid by the seller). You sign it, the buyer signs it, and it protects both parties.

3. Mello-Roos and Special Tax Disclosure

If your property is in a Community Facilities District (CFD), you must disclose the Mello-Roos special tax. Many newer developments in West Palmdale and North Lancaster carry Mello-Roos assessments of $1,500–$4,000 per year. Buyers have the right to know about this before making an offer. Failure to disclose Mello-Roos is one of the most common post-sale lawsuits in California real estate. Check your property tax bill — if you see a line item for 'CFD' or 'Special Tax,' you have Mello-Roos.

4. HOA Disclosures (If Applicable)

If your home is in an HOA, California law (Civil Code 4525) requires you to provide the buyer with a comprehensive HOA disclosure package: CC&Rs, bylaws, financial statements, reserve study, meeting minutes, pending litigation, and any pending special assessments. Your HOA management company compiles this package (cost: $200–$400, sometimes more). Request it early — it can take 10–15 business days to produce, and delays hold up escrow.

5. Lead-Based Paint Disclosure (Pre-1978 Homes)

Federal law (42 U.S.C. 4852d) requires sellers of homes built before 1978 to disclose known lead-based paint hazards and provide the EPA pamphlet 'Protect Your Family From Lead in Your Home.' The buyer gets 10 days to conduct a lead inspection at their expense. In the AV, homes in older Lancaster neighborhoods and some parts of East Palmdale built in the 1960s–1970s fall under this requirement. Even if you have never tested for lead, you must provide the disclosure form.

6. Smoke and Carbon Monoxide Detector Compliance

California requires working smoke detectors in every bedroom and on every floor, plus carbon monoxide detectors outside each sleeping area. As of 2024, all smoke detectors must be 10-year sealed-battery or hardwired (no replaceable-battery units). The seller must certify compliance at closing — meaning you may need to replace old detectors before the sale. Cost: $25–$50 per unit. Total for a 3-bed home: $125–$250. This is a small expense that prevents a big headache at final walkthrough.

7. Water Heater and Earthquake Strapping

California Health and Safety Code 19211 requires sellers to certify that water heaters are braced, anchored, or strapped in compliance with local building codes. In earthquake-prone areas (all of the AV qualifies), improperly secured water heaters are a fire and flood risk during seismic events. If your water heater is not strapped, a plumber can install earthquake straps for $75–$150. You must provide a written compliance statement at closing.

How to Fill Out Disclosures Without Stress

The best approach is simple: disclose everything you know, clearly and honestly. You are not expected to be a home inspector — you are expected to share what you know about the property's condition. When in doubt, write it down. Over-disclosure protects you legally. Under-disclosure exposes you. Your agent should sit with you and review each form section by section, translating legal language into plain English (or Spanish — hablamos tu idioma). Start the process by getting your home's current market value and net proceeds at /en/sell-my-home/#report so you know the full financial picture alongside your disclosure obligations.