What does a home seller have to disclose in California?

A California home seller must disclose, in writing, every material fact actually known about the property. Civil Code section 1102 requires a Real Estate Transfer Disclosure Statement for one-to-four-unit residential sales, plus a Natural Hazard Disclosure Statement under section 1103.2. "As is" clauses do not excuse concealment, and fraud claims run three years from discovery.

Everything material the seller actually knows — on statutory forms, in writing. For residential sales of one to four units, Civil Code section 1102 et seq. requires a Real Estate Transfer Disclosure Statement (TDS) covering the property's condition, defects, alterations, and neighborhood nuisances the seller knows about. A Natural Hazard Disclosure Statement (section 1103.2) must flag statutorily mapped flood, fire hazard severity, and earthquake fault zones. Additional statutes require disclosure of deaths on the property within three years (section 1710.2), and federal law adds lead-paint disclosure for pre-1978 homes. "As is" clauses do not excuse concealment: a seller (and a broker with knowledge) remains liable for fraud when known material defects are hidden, with claims running three years from discovery (Code of Civil Procedure section 338(d)). Buyers' agents owe their own duty of visual inspection and disclosure (section 2079). Remedies range from rescission to damages — and the disclosure paper trail usually decides who wins.

Authority: Cal. Civ. Code § 1102