What Do California Sellers Have to Disclose to Buyers?
Justin Borges, DRE #01940318 • 13 min read
California law requires residential sellers to deliver a Transfer Disclosure Statement (TDS), Natural Hazard Disclosure (NHD), and Seller Property Questionnaire (SPQ) on virtually every 1-4 unit home sale, regardless of whether you're selling "as-is." Sellers in Glendale and Chevy Chase Canyon face additional obligations tied to fire hazard severity zones and dam inundation areas. Failing to disclose opens you to civil liability, rescission demands, and post-close litigation under California Civil Code §1102.
- Transfer Disclosure Statement (TDS)
- Natural Hazard Disclosure (NHD)
- Seller Property Questionnaire (SPQ)
- Lead-Based Paint & Federal Requirements
- Agent Visual Inspection Disclosure (AVID)
- Chevy Chase Canyon: Additional Obligations
- The "As-Is" Misconception
- Full Disclosure Checklist
- What Happens If You Fail to Disclose
- Frequently Asked Questions
Required by California Civil Code §1102What Is the Transfer Disclosure Statement and Who Must Complete It?
The Transfer Disclosure Statement is the cornerstone of California real estate disclosure law. Mandated by California Civil Code §1102 through §1102.17 (California Department of Real Estate, 2026), it applies to virtually every transfer of residential property containing 1-4 units in California. Whether you are selling a single-family home in Glendale's Chevy Chase Canyon, a duplex near Brand Boulevard, or a condominium in the Verdugo Mountains foothills, the TDS is non-negotiable.
The TDS requires sellers to personally disclose their knowledge of the property's physical condition. Your listing agent in California cannot complete it for you; the form demands the seller's own firsthand disclosure. The form covers the operating condition of appliances (dishwasher, range, garbage disposal, water heater), the roof, plumbing and drainage systems, electrical systems, HVAC, interior walls, exterior finishes, foundation and slab, and any known water intrusion or settling. Sellers must also disclose the presence or absence of a homeowners association, and for canyon properties in Chevy Chase, the distinction between Chevy Chase Estates' optional membership and a mandatory HOA is a material item on that form.
"In 13 years of Glendale sales, the TDS is the document I see generate the most post-close disputes. Sellers remember what they disclosed; buyers remember what they were told. The written form is your protection."
Justin Borges, DRE #01940318Under California Civil Code §1102.3, the TDS must be delivered to the buyer before they make an offer, or within three calendar days of contract acceptance if delivered afterward. If delivered late, the buyer gains a three-day right of rescission from receipt. Delivering the TDS upfront eliminates that window and builds buyer confidence, which in competitive Glendale sales can make the difference between a clean offer and a contingency-laden one.
Selling in Glendale? Let's Review Your Disclosure Obligations Together.
Justin Borges, DRE #01940318. Licensed since 2013. Canyon and Glendale disclosure specialist.
Call (213) 262-5092 Text UsCalifornia Civil Code §1103What Does the Natural Hazard Disclosure Report Cover in California?
California is the only state in the nation that mandates a Natural Hazard Disclosure report on residential sales (C.A.R., 2026). Governed by California Civil Code §1103, the NHD requires sellers to disclose whether the property falls within any of six state-designated hazard zones. A licensed third-party NHD vendor compiles the report, typically taking 10 to 15 days, which is why ordering it at the beginning of your listing preparation is standard practice for Glendale sellers.
The six zones covered by the NHD are: Special Flood Hazard Area (FEMA designated), Area of Potential Flooding (dam inundation zone), Very High Fire Hazard Severity Zone (VHFHSZ) as mapped by the California Department of Forestry and Fire Protection (CAL FIRE), Wildland Area subject to state responsibility for fire protection, Earthquake Fault Zone (Alquist-Priolo Act zones), and Seismic Hazard Zone (landslide or liquefaction risk mapped by the California Geological Survey). The NHD must be delivered alongside or before the TDS; if it arrives after contract execution, the three-day rescission window applies here as well.
For Glendale canyon properties in the 91206 zip code, the NHD carries particular weight. Many Chevy Chase Canyon lots fall within CAL FIRE's Very High Fire Hazard Severity Zone and potentially within a dam inundation area downstream of the Los Angeles Department of Water and Power infrastructure serving the Verdugo Hills. Sellers should not assume their property is outside these zones; the NHD report is the definitive answer by address, and in California, disclosure of a VHFHSZ designation is mandatory even if the buyer's lender doesn't flag it independently.
C.A.R. Form SPQDo California Sellers Have to Fill Out the Seller Property Questionnaire?
The Seller Property Questionnaire, published as C.A.R. Form SPQ (California Association of Realtors, 2025), is a supplemental disclosure document that operates alongside the TDS rather than replacing it. Where the TDS focuses on current physical conditions, the SPQ captures a ten-year history of known material defects, alterations, permits, unpermitted work, insurance claims, disputes with neighbors, and any notice of default or lien. For a Glendale seller who may have added square footage, converted a garage, or filed a homeowner's insurance claim after a canyon landslide event, the SPQ is where those disclosures live.
The C.A.R. SPQ is not technically mandated by statute in the same way the TDS is, but it has become standard practice in virtually every California residential sale handled through a licensed agent. Refusing to complete it raises immediate red flags with sophisticated buyers and their attorneys. More practically, courts have held that material facts known to a seller must be disclosed regardless of whether a particular form captures them. The SPQ closes common gaps: work done without permits, roof replacements not reflected on MLS, prior flooding events, and any active litigation involving the property's title or condition. In the Chevy Chase Canyon market, where older Spanish Revival and Tudor homes frequently carry decades of undocumented alterations, the SPQ is a critical risk-management document for the seller as much as an informational one for the buyer.
Questions about the SPQ? Call (213) 262-5092Federal Law: Pre-1978 HomesIs Lead-Based Paint Disclosure Required When Selling an Older California Home?
Federal law under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (commonly called Title X) requires sellers of residential property built before 1978 to provide buyers with a Lead-Based Paint Disclosure form and a copy of the EPA pamphlet "Protect Your Family from Lead in Your Home" (EPA, 2026). This is a federal requirement enforced regardless of state law, and California does not provide any exemption or substitution. Chevy Chase Canyon's architectural character includes a significant number of pre-1940 Spanish Revival and Tudor homes, meaning a substantial share of canyon transactions trigger this federal requirement.
The lead disclosure law also grants buyers a ten-day period to conduct a lead inspection or risk assessment before the purchase contract becomes binding. Buyers can waive this window in writing, and in competitive California markets many do, but sellers cannot waive it on the buyer's behalf. If the seller has actual knowledge of lead-based paint or related hazards, that known information must be disclosed even if no testing has been conducted. The ten-day clock runs from receipt of both the disclosure form and the EPA pamphlet; delivering them incomplete restarts the window (HUD, 2024).
C.A.R. Form AVIDWhat Is the Agent Visual Inspection Disclosure and Why Does It Protect Sellers?
The Agent Visual Inspection Disclosure, published as C.A.R. Form AVID (California Association of Realtors, 2025), captures the listing agent's independent visual assessment of the property. Unlike the TDS and SPQ, which document what the seller knows, the AVID records what your agent observes during a walkthrough: visible water stains, cracked drywall, evidence of prior drainage issues, settling in hardscaped areas, or conditions that warrant further investigation. The AVID is required of the listing agent in virtually every residential transaction in California.
A well-prepared AVID actually protects sellers. It establishes a documented baseline of conditions visible at time of listing, which matters enormously if a buyer later alleges a defect was concealed. For canyon properties in the Glendale hills, where seasonal erosion, drainage channel maintenance, and fire brush clearance create visible indicators that are routine to experienced local agents but alarming to buyers unfamiliar with hillside living, the AVID is the place those observations are recorded and addressed in context. Your listing agent in California cannot limit or withhold the AVID; it must be delivered to buyers as part of the disclosure package.
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Reserve Your Free SeatGlendale / Chevy Chase Canyon SpecificsWhat Extra Disclosures Do Glendale Canyon Sellers Need to Make?
Sellers in Chevy Chase Canyon and the broader Glendale hillside areas face a layer of disclosure obligations that rarely arise in flat-lot suburban sales. Understanding these canyon-specific requirements before listing is critical to a clean close in California. The most significant are fire insurance cost disclosure, HOA status clarification, driveway and access conditions, and drainage characteristics unique to hillside lots.
California Senate Bill 1211 (effective January 1, 2025, California Legislature, 2024) now requires sellers in fire-prone areas to disclose the current annual cost of their homeowner's insurance policy to prospective buyers. In Chevy Chase Canyon, where many properties fall within CAL FIRE's Very High Fire Hazard Severity Zone, this is a material financial disclosure. A buyer purchasing a $1.6M canyon home in Los Angeles County who discovers post-close that fire insurance runs $18,000 annually rather than the $4,000 they budgeted has grounds for a dispute. The SB 1211 disclosure form closes that gap. Your listing agent must include the actual policy premium amount, not an estimate.
The Chevy Chase Estates Association requires careful framing in disclosures. Chevy Chase Estates is a 501(c)(4) social welfare organization with entirely voluntary membership; it is not a mandatory homeowners association and does not enforce CC&Rs or mandatory fees. Sellers must clearly disclose this distinction on the TDS. A buyer who assumes mandatory HOA protections exist and then discovers post-close that none are enforceable has a legitimate complaint. The correct disclosure language is that membership is optional and membership funds community programs including the Chevy Chase Library, canyon neighborhood watch, and a legal defense fund for environmental matters.
Hillside lot sellers in the Glendale area must also disclose any known drainage issues, retaining wall conditions, erosion history, or driveway access constraints. Canyon lots with steep grades, narrow access roads, or shared driveways in Los Angeles County are material facts that sophisticated buyers will investigate; proactively disclosing them reduces the risk of a buyer later claiming the condition was hidden.
Call (213) 262-5092 to Discuss Your Canyon DisclosuresCommon Seller MisconceptionDoes Selling "As-Is" in California Mean You Don't Have to Disclose?
One of the most persistent misconceptions among California sellers is that listing a property "as-is" eliminates the obligation to complete disclosure forms. It does not. California Civil Code §1102.1 states explicitly that the Transfer Disclosure Statement requirement cannot be waived by any written agreement between the parties. An as-is clause in the purchase agreement means the seller is not agreeing to make repairs; it says nothing about what must be disclosed.
In practice, selling as-is in Glendale's luxury market often signals a distressed situation to sophisticated buyers and their agents, which can trigger more aggressive due diligence requests. What an as-is designation does accomplish is clarifying that repair credits and renegotiation after inspection are off the table as a negotiating baseline. What it cannot accomplish is excusing a seller from completing the TDS, SPQ, NHD, or any other statutorily required disclosure. The California Department of Real Estate's guidance on this point is unambiguous: an as-is sale is simply an agreement on the transaction's repair terms, not a disclosure waiver. Sellers who believe otherwise and omit the TDS face the same civil liability as any other seller who fails to disclose.
"I have had sellers in Los Angeles County come to me after an 'as-is' sale expecting no liability. That is not how California law works. The TDS requirement exists precisely for as-is sales, where buyers have the least leverage to demand repairs."
Justin Borges, DRE #01940318For California sellers in the Glendale and Chevy Chase area who are listing because of deferred maintenance, estate circumstances, or a desire for a quick, clean sale, the path forward is still full disclosure paired with pricing that reflects the property's condition. A well-priced, fully disclosed as-is property in this market attracts investor buyers, flipper buyers, and value-oriented owner-occupants who are specifically seeking that inventory. Attempting to avoid disclosure on an as-is sale does not simplify the transaction; it creates liability that survives the close of escrow.
Your Pre-Listing Disclosure PackageWhat Forms Are in a Complete California Seller Disclosure Package?
Before your property in Glendale or anywhere in California hits the MLS, the following disclosure package should be prepared and ready for delivery. Your listing agent should be coordinating this during the pre-listing period, not scrambling to assemble it after offers arrive.
| Document / Form | Legal Basis | Who Completes | Timing |
|---|---|---|---|
| Transfer Disclosure Statement (TDS) | CA Civil Code §1102 | Seller personally | Before offer or within 3 days of acceptance |
| Natural Hazard Disclosure (NHD) | CA Civil Code §1103 | Third-party vendor | Before offer; order early (10-15 days) |
| Seller Property Questionnaire (SPQ) | C.A.R. Form SPQ | Seller personally | Before or with TDS |
| Lead-Based Paint Disclosure | Federal Title X (pre-1978) | Seller + agent co-sign | Before contract; 10-day buyer window |
| Agent Visual Inspection Disclosure (AVID) | C.A.R. Form AVID | Listing agent | Delivered with TDS package |
| Fire Insurance Cost Disclosure (SB 1211) | SB 1211 (eff. Jan. 1, 2025) | Seller | Before offer; requires actual premium amount |
| Smoke / CO Detector Compliance | CA Health & Safety Code §13113.8 | Seller certifies | Seller must certify installation before close |
| Water Heater Strapping | CA Health & Safety Code §19211 | Seller certifies | Seller must certify before close |
| Methamphetamine Disclosure | CA Health & Safety Code §25400.28 | Seller | If property ever used for meth production |
Smoke and carbon monoxide detector compliance and water heater strapping are often overlooked as disclosure matters because they are physical installation requirements, but sellers in California must certify that these items are properly installed before escrow can close. Your listing agent should verify compliance during the pre-listing walkthrough. In older Chevy Chase Canyon homes, water heater locations and detector placements sometimes do not meet current code without modification.
Selling in Glendale? Let's Review Your Disclosure Obligations Together.
Justin Borges, DRE #01940318. Licensed since 2013. Canyon and Glendale disclosure specialist.
Call (213) 262-5092 Text UsIf you are preparing to sell, a pre-listing inspection can significantly reduce disclosure surprises by identifying issues before buyers do. For sellers who want to maximize their return before the disclosure period, review what prep work makes financial sense before disclosures go out. To find an agent who understands canyon-specific disclosure obligations firsthand, see our guide to working with an agent familiar with Chevy Chase Canyon.
California Civil Code §1102.13What Happens If a California Seller Fails to Disclose a Known Defect?
California law does not treat disclosure failures leniently. Under California Civil Code §1102.13 (California Department of Real Estate, 2026), sellers and their agents who willfully or negligently fail to disclose material facts are liable for actual damages: typically the cost to repair the undisclosed defect, or the difference between the price the buyer paid and the property's fair market value had the defect been disclosed. For a roof defect costing $15,000 to repair, liability is straightforward. For a failure to disclose a Very High Fire Hazard Severity Zone designation that affects insurability and long-term value on a $1.6M Glendale canyon home, the damages calculation is substantially more complex.
Beyond actual damages, intentional concealment of a known material defect constitutes fraud under California law, opening the seller to potential punitive damages and attorney's fees. The statute of limitations for fraud claims in California is generally two years from discovery; for breach of contract claims arising from disclosure obligations it is four years. This means a seller who closed escrow in 2023 without disclosing a known foundation issue could face litigation through 2027 or 2027 depending on when the buyer discovers the defect. In the Glendale and Los Angeles real estate market, where buyers are represented by counsel and pre-close inspections are thorough, undisclosed defects rarely stay hidden for long.
There is also a practical distinction in the Chevy Chase Canyon and Glendale market worth noting: luxury buyers are typically represented by attorneys, and post-close disputes in the $1M+ price tier frequently proceed to formal litigation rather than mediation. The cost of defending a disclosure failure claim for a $1.5M Glendale sale often exceeds six figures in legal fees alone, independent of the damages award. Disclosure is not just a legal obligation in California; it is the most cost-effective risk management tool available to any seller in this market.
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| Situation | Form Required | Key Deadline |
|---|---|---|
| All 1-4 unit residential sales in California | TDS (CA Civil Code §1102) | Before offer or within 3 days of acceptance |
| All California residential sales | NHD (CA Civil Code §1103) | Before offer; order 10-15 days early |
| All California residential sales (best practice) | SPQ (C.A.R. Form SPQ) | Delivered with or before TDS |
| Homes built before 1978 | Lead-Based Paint (Federal) | Before contract; 10-day buyer window |
| Canyon / fire zone properties (SB 1211) | Fire Insurance Cost Disclosure | Before offer; include actual annual premium |
| "As-is" sales anywhere in California | TDS, NHD, SPQ: ALL still required | As-is clause does not waive disclosure |
| Any California sale | Smoke/CO detector + water heater strapping | Seller certifies before close of escrow |
Frequently Asked Questions
Is the Transfer Disclosure Statement required on all California home sales?
Yes. California Civil Code §1102 requires a TDS for virtually all transfers of 1-4 unit residential property in California. Exceptions are limited to very narrow circumstances such as court-ordered transfers, foreclosure sales, and certain inter-family transfers. Standard sales from an owner-seller to a buyer in Los Angeles County require the TDS without exception.
Does selling as-is eliminate my disclosure obligations in California?
No. An as-is clause in the purchase agreement addresses repair obligations, not disclosure obligations. California Civil Code §1102.1 explicitly states the TDS cannot be waived by written agreement. Selling as-is in Glendale or anywhere in California still requires a fully completed TDS, NHD, and SPQ. Any seller who omits these documents on an as-is sale faces the same civil liability as any other seller.
What is a Natural Hazard Disclosure and why does it matter for Chevy Chase Canyon?
The NHD, required by California Civil Code §1103, is a third-party report that identifies whether a property falls within six state-designated hazard zones including Special Flood Hazard Areas, dam inundation zones, and CAL FIRE's Very High Fire Hazard Severity Zones. Many Chevy Chase Canyon properties in Glendale fall within the VHFHSZ designation and potentially within dam inundation zones, making the NHD a particularly material document in canyon transactions.
What does SB 1211 require California sellers to disclose?
Effective January 1, 2025, California Senate Bill 1211 requires sellers in fire-prone areas to disclose the actual annual cost of their homeowner's insurance policy to buyers. In Chevy Chase Canyon and other Glendale hillside areas located within fire hazard severity zones, this is a mandatory disclosure that must include the actual premium amount, not an estimate. It closes a significant information gap for buyers who may not anticipate the true cost of insuring a hillside property in Los Angeles County.
Does the Chevy Chase Estates Association need to be disclosed?
Yes, and the framing matters. Chevy Chase Estates is a voluntary 501(c)(4) social welfare organization, not a mandatory homeowners association. Sellers must accurately disclose on the TDS that no mandatory HOA exists, no enforceable CC&Rs are in place, and that Chevy Chase Estates membership is entirely optional. Mischaracterizing it as a mandatory HOA or omitting the voluntary nature of membership is a material misrepresentation.
How long after a California home sale can a buyer sue for non-disclosure?
Under California law, buyers have up to two years from discovery to bring a fraud claim for intentional concealment of material facts, and up to four years for breach of contract claims arising from disclosure failures. The clock typically starts when the buyer discovers or reasonably should have discovered the defect, not from the close of escrow date. This means disclosure liability can follow a California seller for years after the transaction closes.
Who completes the TDS: the seller or the agent?
The seller completes the TDS personally. California Civil Code §1102 specifically requires the seller's own disclosure of known conditions; an agent cannot complete the seller's portion of the form on the seller's behalf. The listing agent does complete the agent's own section of the TDS, which reflects the agent's independent observations. The SPQ is also completed by the seller directly.
What happens if the NHD reveals my Glendale home is in a fire hazard zone?
A VHFHSZ designation on the NHD does not prevent a sale or require remediation. It is a disclosure requirement, not a repair order. The buyer receives this information and factors it into their decision. What it does trigger is the SB 1211 fire insurance cost disclosure requirement, a conversation about current and future insurability, and potentially brush clearance compliance discussions. Most buyers of Glendale canyon properties are aware of the regional fire environment; the NHD gives them the formal documentation they need for their lender and insurance provider.
Ready to Sell in Glendale?
Disclosure preparation is where experienced local agents earn their commission. Justin Borges has managed disclosure packages for canyon sales, hillside lots, and Glendale luxury properties since 2013.
- Full TDS, SPQ, and NHD coordination handled for you
- SB 1211 fire insurance disclosure guidance included
- 13+ years of Glendale and canyon disclosure experience
- DRE #01940318 licensed since 2013
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