buy + sellcalifornia disclosuresupdated for 2026boyenga team at compass

The Disclosure Decoder

What’s in a California disclosure packet, what each document means and which ones a home needs. Put in a few facts to see the list for a specific home, then read any document in plain English.

Packet checkerThe clockDecoderHazard formNew rules

  • disclosures due7 daysafter acceptance, by default
  • to cancel3 or 5 daysif the TDS arrives after you sign
  • hazard areas6on the Natural Hazard Disclosure
  • new in 20263disclosure rules

packet checker

What should be in this packet

Answer seven questions about the home to see what the law requires, what to check and what most packets also include. Tap any item to read it below.

property nerd note

A starting point, not legal advice. Each law has its own exemptions and details, and your contract sets the deadlines. Ask us to go through a packet with you.

the clock

The clock

The deadlines that come with disclosures. Your contract can change some of them, so check the dates in yours.

  • 7days
    Disclosures and reports due

    The default in C.A.R.’s purchase agreement, counted from acceptance.

    C.A.R. purchase agreement
  • 3 or 5days
    To cancel after a late TDS

    If the TDS arrives after you sign: 3 days from in-person delivery, 5 from mailing or agreed electronic delivery. Cancel in writing.

    Civil Code 1102.3
  • 10days
    Lead inspection window

    For homes built before 1978, unless you and the seller agree in writing to a different period or you waive it.

    EPA lead disclosure rule
  • 10business days
    Pest report delivery

    From the start of the inspection, and before any work begins.

    B&P Code 8516
  • 4months
    Pest reinspection window

    After four months, any inspection is a new original inspection.

    B&P Code 8516
  • 5working days
    Mello-Roos notice

    How long the agency has to provide its Notice of Special Tax, for no more than $15. The notice carries its own 3- or 5-day right to cancel.

    Government Code 53340.2
  • 1year
    Defensible-space documentation

    If the seller has none and no local rule applies, the buyer gets it within a year of closing.

    Civil Code 1102.19
  • 3years
    Electrical advisory cutoff

    The 2026 electrical advisory isn’t required for a sale within 3 years of the certificate of occupancy.

    Civil Code 1102.6i

the decoder

Every document, decoded

What each one is, who fills it out and how to read it.

Transfer Disclosure Statement (TDS)state form

The seller’s disclosure for a 1-4 unit home: what they know about its condition, features and defects. Cities and counties can require an extra local disclosure.

how to read it

  • Due as soon as practicable before transfer of title; C.A.R.’s purchase agreement sets 7 days after acceptance by default.
  • If it reaches you after you sign an offer, you can cancel in writing within 3 days of in-person delivery, or 5 days if mailed or delivered electronically by agreement.
  • Exempt sales include probate and other court-ordered sales, foreclosures and lender resales, sales by trustees and executors, transfers between co-owners or to a spouse or relative, and divorce transfers. A living-trust trustee who owned or lived in the home within the past year is not exempt.
  • Compare each answer with the inspection reports and the permit history, and ask about anything that doesn’t line up.
Civil Code 1102.2, 1102.3, 1102.6a
Seller Property Questionnaire (SPQ)C.A.R. form

A C.A.R. form, not a state one, with more detailed questions about the home than the TDS. It was among the forms C.A.R. revised most in its December 2025 release, so 2026 packets may look different from older ones.

how to read it

  • Read it with the TDS; together they’re the seller’s account of the home.
  • The explanations matter more than the checkboxes. Ask for the paperwork behind any repair or claim it mentions.
C.A.R. forms release, December 2025
Agent Visual Inspection Disclosure (AVID)agent duty

California requires the listing agent and the buyer’s agent to each do a “reasonably competent and diligent visual inspection” of a 1-4 unit home and disclose what it reveals. C.A.R. records it on the AVID form.

how to read it

  • It’s a visual walk-through, not an inspection by a licensed inspector.
  • It doesn’t cover areas that are normally inaccessible, anything off the property, or public records and permits.
  • For a condo or other home in an HOA, it covers the unit, not the common areas.
Civil Code 2079, 2079.3
Natural Hazard Disclosure (NHD)state form

A state form that says whether the home is in any of six mapped hazard areas. It’s usually prepared with a report from a third-party hazard company. The form text was last updated January 1, 2025.

how to read it

  • “Yes” means the parcel is inside a mapped area, not that anything has happened there.
  • See the six areas below.
  • If the home is in a flood or fire zone, get insurance quotes before you remove contingencies.
Civil Code 1103.2
Wildfire disclosuresstate rules

Homes in a High or Very High Fire Hazard Severity Zone come with two more items: documentation of defensible space and, for homes built before 2010, a home-hardening notice.

the six features the seller is asked about

  1. Eave, soffit and roof vents with large openings or without flame and ember resistance
  2. Untreated wood shake or shingle roofs
  3. Combustible landscaping or materials within five feet of the home or under an attached deck
  4. Single-pane or non-tempered glass windows
  5. Loose or missing bird stopping or roof flashing
  6. Rain gutters without metal or noncombustible covers

how it works

  • Defensible space (since July 1, 2021): the seller provides documentation that the property meets the state or local vegetation rules. If there isn’t any, buyer and seller sign an agreement for the buyer to get it, within a year of closing where no local rule says otherwise.
  • Home hardening (built before 2010): the seller says which of the six features they know exist and points to readyforwildfire.org.
  • Since July 1, 2025, the notice also includes the State Fire Marshal’s low-cost retrofit list and which ones the seller completed.
Civil Code 1102.19, 1102.6f
Pest (termite) reportreport

A licensed pest company’s report on wood-destroying pests and organisms. The state Pest Board says most lenders require an inspection before a home loan; the purchase contract decides who orders it and who pays for any work.

how reports sort what they find

  1. Section 1: infestation or infection that’s evident now.
  2. Section 2: conditions likely to lead to infestation or infection, with nothing evident yet. The law says these can’t be called defects or active infestations.
  3. Further inspection: areas the inspector couldn’t reach.

how to read it

  • “Section 1” and “Section 2” are the labels reports use; the law describes the same two categories.
  • The report is due within 10 business days of the inspection. Reinspections are available only within four months; after that, it’s a new inspection.
  • The company logs each inspection address with the Pest Board, which lets anyone check whether an address was inspected in the last two years.
Business and Professions Code 8516; Structural Pest Control Board
Lead-based paint disclosurefederal rule

For homes built before 1978: the EPA pamphlet, any known lead paint or hazards with the records and reports, and a signed Lead Warning Statement, all before you’re bound by the contract.

how to read it

  • You get 10 days to test, unless you and the seller agree in writing to a different period or you waive it.
  • Agents share responsibility for making sure it’s done.
  • Exempt: foreclosure sales, homes certified lead-free, and homes built in 1978 or later.
EPA lead disclosure rule (page updated May 27, 2026)
Earthquake guide and weakness disclosurestate rule

For wood-frame 1-4 unit homes built before 1960, the seller gives the state’s Homeowner’s Guide to Earthquake Safety and says whether they know of any of seven weaknesses, plus any repairs. For other homes it may be included anyway: once delivered, the guide counts as the general earthquake information the seller and agents owe.

the seven weaknesses

  1. Missing anchor bolts between the sill plate and the foundation
  2. Unbraced perimeter cripple walls
  3. Unbraced first-story walls
  4. An unreinforced masonry perimeter foundation
  5. Unreinforced masonry walls
  6. A habitable room over the garage
  7. An unbraced water heater

how to read it

  • The answers cover what the seller actually knows; a structural or foundation inspection tells you the rest.
Government Code 8897.1, 8897.2; Civil Code 2079.8
HOA document packagestate rule

For a condo, townhome or other home in an HOA, the seller provides the association’s documents as soon as practicable before transfer. The law lists 11 items, including:

what’s in it

  1. The governing documents
  2. The latest annual disclosures the HOA sent owners
  3. Current regular and special assessments and fees, plus anything unpaid
  4. Assessment or fee increases the board approved that aren’t due yet
  5. Any unresolved violation notice
  6. Construction-defect notices the HOA gave members
  7. Any rental or leasing limits
  8. Any age restriction that conflicts with state law
  9. Board minutes from the last 12 months, if you ask
  10. The latest inspection report on balconies and other elevated exterior elements

how to read it

  • Read the annual disclosures and the minutes for planned projects and special assessments.
Civil Code 4525
Mello-Roos and special taxesstate rule

If the home carries a Mello-Roos special tax or an assessment paid in installments, the seller makes a good-faith effort to get each agency’s notice. A Mello-Roos notice shows this year’s tax, the maximum tax, how much it can rise each year and how long it lasts.

how to read it

  • The agency must provide its Notice of Special Tax within five working days of a request, for no more than $15.
  • The notice includes your right to cancel within 3 days if delivered in person, or 5 days after mailing.
  • The latest property tax bill or an itemized assessment list can stand in for the notice.
Civil Code 1102.6b; Government Code 53340.2
Megan’s Law noticecontract notice

Every purchase contract for a 1-4 unit home includes a notice that the state Department of Justice publishes information about registered sex offenders at meganslaw.ca.gov.

how to read it

  • Once the notice is given, the seller and agents don’t have to provide more information about offenders nearby; you can check the site yourself.
Civil Code 2079.10a
Smoke alarm, water heater and CO statementstate rule

The seller certifies in writing that smoke alarms meet state law and water heaters are braced, anchored or strapped, often on C.A.R.’s form WHSD. Homes with a gas appliance, a fireplace or an attached garage need carbon monoxide alarms.

how to read it

  • A missing CO alarm doesn’t void a sale, and the law caps damages at $100. It’s still a safety item worth fixing before you move in.
Health and Safety Code 13113.8, 19211, 17926
Sewer lateral inspection (some cities)local rule

Some cities require the private sewer line from the house to the street to be inspected, and sometimes repaired or certified, before a sale closes.

rules we’ve confirmed

  1. San Mateo: an inspection at sale on the city’s form; exempt if inspected in the last 5 years with no repairs needed (or repairs done), or fully replaced in the last 25 years.
  2. South San Francisco: a video inspection and a city compliance certificate before title transfers; certificates last 10 years, or 25 after a full replacement.
  3. Morgan Hill: a sewer lateral inspection for homes more than 15 years old and a plumbing fixture inspection for homes built on or before January 1, 1994; the city’s certificate is needed to start water service.

how to read it

  • Other cities: check the current city code. A buyer can order a sewer scope during the inspection period either way.
City of San Mateo, City of South San Francisco, City of Morgan Hill
Preliminary title reportreport

The title company’s report on who owns the home and the liens, easements, CC&Rs and other items recorded against it. Title passes subject to the listed exceptions unless you object in writing.

how to read it

  • Ask about any easement or restriction that could limit an addition or an ADU.
DRE Reference Book
Inspection reports the seller orderedreport

Sellers can order a home inspection, roof report or sewer scope before listing so buyers can read them before writing an offer.

how to read it

  • Check the date and who did the inspection; you can still hire your own inspectors.
  • Reports describe the home on the inspection date. They don’t replace the seller’s disclosures.
Advisories and bookletsgeneral

C.A.R.’s Statewide Buyer and Seller Advisory covers common issues buyers should check and sellers should disclose. The state’s Environmental Hazards booklet describes common hazards and how to reduce them.

how to read it

  • These are general. They don’t describe the specific home.
C.A.R.; DRE Reference Book

the hazard form

The six hazard areas on the NHD

The Natural Hazard Disclosure answers yes or no for each area. Yes means the parcel is inside a mapped area.

item 1FEMA

Flood zone A or V

The parcel is in a FEMA Special Flood Hazard Area.

  • Lenders generally require flood insurance for a mortgage on a home in these zones; get a quote early.

item 2state map

Dam inundation area

The area could flood if a dam failed, according to a state-approved inundation map.

  • Ask your insurance agent how it affects coverage.

item 3CAL FIRE

High or Very High fire hazard zone

Brings the wildfire disclosures and an owner’s duty to keep defensible space.

  • Get insurance quotes before you remove contingencies.

item 4CAL FIRE

State wildland fire area

A state-designated wildland area that may have substantial forest fire risks, with vegetation-clearance duties for owners.

  • Read the clearance rules before you plan landscaping.

item 5state geologist

Earthquake fault zone

A state-mapped zone along a fault.

  • Ask before planning an addition or an ADU; extra geologic studies can apply.

item 6state geologist

Seismic hazard zone

A state-mapped area with potential for landslides or liquefaction, marked separately on the form.

  • Ask about the foundation and any soils reports.
property nerd note

CAL FIRE released new fire hazard maps for city areas on February 24, 2025, with Moderate, High and Very High zones, and cities then adopted them. The state form lists High zones only for state-run areas and Very High zones for city areas, so for a home in a newly mapped High zone inside a city, confirm which disclosures apply.

new rules

What changed in 2025 and 2026

New rules that show up in packets now.

since jan 1, 2026Civil Code 1102.6i

Electrical system advisory

Sellers give a statement advising an inspection of the electrical system of all buildings by a qualified professional, including the main panel, subpanels and wiring.

  • It notes that faulty or recalled wiring can be a fire risk and can make insurance harder to get.
  • It notes that limited capacity can make solar, electric heating or EV charging harder to add.
  • Not required for a sale within 3 years of the certificate of occupancy.

since jan 1, 2026Civil Code 1102.6j

Gas appliance restrictions

Sellers of single-family homes disclose any state or local requirements or restrictions on replacing gas appliances that stay with the home, if the seller or their agent knows of them.

  • Covers natural gas and propane appliances.

since jan 1, 2026Civil Code 1102.6k

Smoking residue

Sellers of single-family homes who know of smoking residue, or that occupants smoked tobacco or nicotine products there, disclose it in writing.

  • Residue can be shown by smell or by tests showing elevated nicotine.
  • E-cigarettes and vaping count.

since jul 1, 2025Civil Code 1102.6f

Wildfire retrofit list

The home-hardening notice for homes built before 2010 in High and Very High zones now includes the State Fire Marshal’s low-cost retrofit list.

  • The seller marks which retrofits they completed while owning the home.

since feb 24, 2025CAL FIRE

New fire hazard maps for cities

New maps for city areas show Moderate, High and Very High zones; each city then adopted them.

  • A home that wasn’t in a zone before may be in one now. Check the adopted map for the address.

december 2025C.A.R.

Revised C.A.R. forms

C.A.R. released 40 revised forms, including the purchase agreement, the listing agreement and the SPQ.

  • Packets and contracts from 2026 may look different from older ones.

questions

Questions we hear

Do sellers have to disclose everything?

Sellers must answer the state forms truthfully and disclose known facts that materially affect the home’s value or desirability. Agents add what their visual inspection reveals.

What if a disclosure arrives after I make an offer?

If the TDS arrives after you sign, you have 3 days from in-person delivery or 5 days from mailing or agreed electronic delivery to cancel in writing. A Mello-Roos notice carries the same right. Tell your agent right away; the window is short.

If the seller has inspection reports, do I still need my own?

Seller reports are a starting point. You can hire your own inspectors during your inspection contingency, or before you write if the seller allows access.

Does a pest report expire?

The law sets no general expiration. Reinspections are available only within four months; after that, it’s a new inspection. Lenders may set their own rules.

How do I find out if a home is in a fire hazard zone?

The NHD report says so. CAL FIRE released new maps for city areas on February 24, 2025, and each city adopted its own, so check the adopted map for the address.

sources

Sources

State law, federal rules and city pages behind this page, checked October 2026.

more to learn

Keep going

General information about California law as of October 2026, not legal advice. Laws, forms and city rules change; your contract, the forms in your packet and the agencies involved control.

talk to a property nerd

Reading a disclosure packet?

Send it over. We’ll go through it with you and point out what to ask before you write. Commissions are negotiable, and we offer bundled services, so ask us what’s included.

Reading a disclosure packet? Send us a note.
Eric & Janelle Boyenga

Eric & Janelle Boyenga

+1(408) 373-1660

Agent DRE01254724 / 01254725

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