Agency Disclosure: This document informs both parties of their real estate agents’ legal duties. It explains the differences between representing a seller, a buyer, or acting as a dual agent (§ 2079.14 & § 2079.16).

Compliance Attestation (Unsolicited Offers): In specific counties affected by disasters, parties must sign a statement confirming that the purchase offer was not a predatory, unsolicited “lowball” bid (AB-851 & § 1102.19). This is a recent protection for homeowners in distressed areas.

Carbon Monoxide Detectors: The seller must disclose if the property is equipped with working carbon monoxide detectors (§ 17926).

Death on Property: Sellers must disclose any death that has occurred on the property within the last three years (§ 1710.2). Beyond this timeframe, a legal duty to disclose also exists if the circumstances of a death significantly impact the property’s value or if the buyer inquires directly (Reed v. King (1983)).

Digitally Altered Photo Disclosure: Sellers must clearly notify buyers if any marketing photos have been digitally edited to add, remove, or alter the property’s physical features, such as fixtures, views, or structural elements (§ 10140.8).

Earthquake Safety Guide: For homes built before 1960, the seller must provide a state-approved safety booklet that educates the buyer on seismic risks (§ 8897.1).

Environmental Hazards: Sellers are required to provide this state-approved informational booklet outlining common residential hazards such as asbestos and radon (§ 2079.7).

Fire Detector Compliance Statement: The seller must provide a written statement certifying that the property is equipped with operable smoke detectors that meet State Fire Marshal standards (§ 13113.8(b)).

HOA Balcony & Elevated Element Inspection: Homeowners Associations must furnish prospective buyers with the most recent inspection reports for balconies and decks (§ 4525 (SB 410)).

Lead-Based Paint Disclosure: Falling under federal law, any home that was constructed earlier than 1978 must come with a disclosure upon the transfer of the property that includes any data concerning the presence of lead on the premises, as well as educational materials that communicate the risks involved with coming into contact with the harmful substance (42 U.S. Code § 4852d).

Local Option: Some cities and counties in California require a secondary disclosure form for data specific to the community where the property is located (§ 1102.6a). The generic form is available as a PDF or Word (.docx).

Megan’s Law: Every residential purchase agreement in California must include a notice informing the buyer how to search the state’s website for registered sex offenders (§ 2079.10a(a)(3)).

Mello-Roos Community Facilities District (CFD): If the property being sold is located in a Mello-Roos district, the seller must disclose any applicable special tax information (§ 1102.6b(b)).

Methamphetamine: If a property has been contaminated by meth labs and remains under a health officer’s order, the seller must provide the buyer with a copy of that order (§ 25400.28).

Military Ordnance: Sellers must notify buyers if the property is located within one mile of a former military training site that may contain unexploded munitions (§ 1102.15).

Natural Hazard Disclosure Statement (NHDS): The seller or their agent must inform the buyer of any natural hazards that could affect the property (§ 1103). The form linked above includes the following state-mandated disclosures:

• Delineated Earthquake Fault Zone (§ 2621.9)
• Potential Flooding Area (§ 8589.4)
• Seismic Hazard Zone (§ 2694)
• Special Flood Hazard Area (§ 8589.3)
• Very High Fire Hazard Severity Zone (§ 51183.5)
• Wildland Fire Zone (§ 4136)

Smoke Residue (Thirdhand Smoke) Disclosure: Sellers must disclose any actual knowledge of nicotine residue or a history of indoor smoking or vaping on the property (§ 1102.6k (AB 455)).

New Home Insulation: Applicable only to new construction, the builder or seller must disclose the type, thickness, and R-value of the insulation to be installed (16 CFR § 460.16).

Notice of Your “Supplemental” Property Tax Bill: This notice warns buyers that the sale will trigger a tax reassessment and a supplemental tax bill (§ 1102.6c).

Title Insurance Advisory Notice: If the buyer declines title insurance, they must sign a notice acknowledging the risks of potential liens (§ 1057.6).

Transfer Disclosure Statement (TDS): The seller must provide the prospective buyer with a completed disclosure form that includes important details about the property being sold (§ 1102.4). The form may include disclosures regarding Industrial Use (§ 1102.17) and Window Security Bars (§ 1102.16).

Water-Conserving Fixtures: Sellers must disclose whether the property contains non-compliant water fixtures, such as high-flow toilets or showerheads (§ 1101.4).

Water Heater and Fire Detector Compliance Statement (§ 19211(b)), (§13113.8) – Sellers of real property must certify, in writing, that the water heater contained within the property is properly secured to prevent displacement in the event of an earthquake. The form linked in the title also contains the Fire Detector Compliance Statement.