Blog > Reading a Silicon Valley disclosure packet like a Property Nerd
property nerd guide · buyers
A Silicon Valley disclosure packet can run to hundreds of pages. Here is what is usually inside, the red flags we look for first and when it's time to call a specialist before you write an offer.
By the Property Nerds® of the Boyenga Team at Compass · NextGenAgents™
the short version
The packet is the seller's story. Read it like an editor.
Disclosures tell you what the seller knows. Reports tell you what an inspector saw on one day. Your job is to find the gaps between them before you commit.
In much of Silicon Valley, the listing agent posts the packet before offers are due, so buyers can read it first and write cleaner offers. That makes the packet one of the most valuable things you will read during your search. We have reviewed these packets with buyers since 1996, and we read them in the same order every time.
transfer disclosure
hazard areas on the NHD
pest report findings
lead disclosure
what's inside
What a typical Silicon Valley packet contains
Not every packet has every item, and some depend on the property. Here are the documents we see most often and what we read for in each.
| Document | What it is | What we read for |
|---|---|---|
| Real Estate Transfer Disclosure Statement (TDS) | The state-required seller disclosure for single-family homes (Civil Code §1102 and following) | Every "yes," every explanation and anything left blank |
| Seller Property Questionnaire (SPQ) | A C.A.R. form that asks about repairs, claims, neighborhood issues and more | Past insurance claims, water intrusion, work done without permits |
| Natural Hazard Disclosure Statement (NHD) | The state form in Civil Code §1103.2; covers flood, dam inundation, fire hazard, wildland, earthquake fault and seismic hazard zones | Which zones apply, and what that means for insurance and future work |
| Wildfire disclosure | For homes built before 2010 in a high or very high fire hazard severity zone (Civil Code §1102.6f) | Vents, roof covering, plants within five feet of the house, any defensible space report |
| Agent Visual Inspection Disclosure (AVID) | A licensed agent's notes from a visual inspection of accessible areas | Stains, cracks or odors the agent noticed |
| Preliminary title report | A title company's report on recorded ownership, liens, easements and restrictions | Easements across the lot, recorded CC&Rs, anything that limits use |
| HOA documents | For condos, townhomes and planned developments (Civil Code §4525) | Rental rules, assessments, unresolved violations, recent board minutes |
| Pest and home inspections | Reports the seller ordered before listing | The date, the scope and what the inspector could not reach |
| Permit history | Records from the city or county building department | Whether the house you're touring matches the house on file |
red flags
Five things we always ask about
None of these is a reason to walk away by itself. Each is a reason to ask a question, get a number and decide with your eyes open.
- Unpermitted work. Compare the permit history with the floor plan. Enclosed garages, added bathrooms and converted atriums are common places for gaps, and they can affect insurance, financing and your own future remodel.
- Roof age and type. Ask when the roof was replaced and for any warranty. Low-slope roofs on mid-century homes need a roofer who knows them.
- Foundation. Look for notes about cracks, uneven floors, sticking doors or past repairs, and ask whether an engineer ever reviewed them.
- Sewer lateral. The private pipe that carries waste from the house to the public sewer can be costly to repair. Ask whether it was scoped with a camera, and check whether the city or sanitary district has its own lateral requirements.
- Drainage. Water stains in a crawl space, a sump pump or notes about ponding all point to a drainage question worth answering.
The pest report deserves its own read. California law requires it to separate infestation or infection that is evident from conditions likely to lead to it (Business and Professions Code §8516), often called Section 1 and Section 2 items. The first group usually carries more weight in a negotiation.
specialists
When to bring in a specialist
Structural engineer
For foundation cracks, past foundation work or a home on a slope. An engineer can tell you whether a crack is cosmetic or a project.
Roofer
For an older roof, a low-slope roof or any mention of leaks. Ask for remaining life and a replacement estimate.
Sewer and plumbing
For an older home, large trees near the lateral or a report that recommends a camera inspection.
Drainage or geotechnical
For hillside lots, crawl-space water or seismic and landslide zones noted on the NHD.
Mid-century systems
Many Eichlers were heated by hot water in the slab. A radiant heat specialist can pressure-test the system.
Lead and other materials
Pre-1978 homes come with a federal lead disclosure and, by federal rule, a 10-day testing window you can shorten or waive in writing.
property nerd note
Trust and estate sales are a team specialty, and they come with a twist. Civil Code §1102.2 exempts some fiduciary sales from the TDS, but not a natural-person trustee of a revocable trust who owned or lived in the home within the past year. A missing TDS is a reason to ask more questions, not fewer.
nextgenagents™
How the Boyenga Team helps
A guided read
We go through the packet with you page by page and turn it into a short list of questions that matter.
The right expert
When a report raises a question, we help you line up the specialist who can answer it before the offer deadline.
Answers into terms
As NextGenAgents™ we turn what you learn into price, credits or contingency choices, so the homework pays off.
talk to a property nerd
Have a packet you want a second set of eyes on?
Send us the listing. We'll read the disclosures and reports with you and flag what needs a closer look.
faq
Silicon Valley disclosure packets: FAQ
Is the seller's inspection report enough?
It's a strong start, but the seller chose the inspector and the scope. If a report recommends further evaluation, that's your cue to bring in a specialist.
What is the difference between the TDS and the SPQ?
The TDS is the disclosure form required by state law for most single-family sales. The SPQ is a C.A.R. questionnaire that asks the seller about many more topics, from past repairs to neighborhood noise.
What does the Natural Hazard Disclosure cover?
Whether the property is in a FEMA special flood hazard area, a dam inundation area, a high or very high fire hazard severity zone, a wildland fire area, an earthquake fault zone or a seismic hazard zone.
How do I find out if work was permitted?
Ask the city or county building department for the permit history and compare it with the home as it stands today. We can help you request it.
Sources: California Civil Code §§1102, 1102.2, 1102.6f, 1103.2 and 4525 · Business and Professions Code §8516 · California Association of REALTORS® list of standard forms (car.org) · U.S. EPA lead disclosure rule (epa.gov) · Eichler Network on radiant heating (eichlernetwork.com). General information, not legal advice.