California seller disclosure
Do I Have to Disclose Fire or Smoke Damage When I Sell My House in California?
The short answer
Yes. California sellers must disclose known material facts about a home, including fire or smoke damage that could affect its value or desirability, even if the damage was repaired or the sale is as-is. The Transfer Disclosure Statement may be required, but your disclosure responsibilities are not limited to its questions. Justin Borges is a licensed Los Angeles real estate agent who can help owners collect their disclosure records.
Justin Borges of The Borges Real Estate Team at eXp Realty (DRE #01940318, (213) 262-5092) helps Los Angeles sellers understand what to disclose about fire or smoke damage. Known material damage should be disclosed, including damage that has been repaired. An as-is sale does not erase that responsibility. Justin is not an attorney; direct legal questions to a California real estate attorney.
Prepare your damage disclosure
Talk through the records and questions to organize before offering your home for sale.
What does California require you to disclose?
California law preserves the duty to disclose facts materially affecting a property's value and desirability. For many residential sales, the Transfer Disclosure Statement, or TDS, is part of the disclosure package. The California Department of Real Estate describes the TDS as covering the seller's and agent's knowledge and matters based on a reasonably diligent inspection. The form is a starting point, not a substitute for explaining a known material condition. (CA Civil Code, California Civil Code section 1102.1, checked October 29, 2026) (California Department of Real Estate, DRE Reference Book Chapter 20, checked October 29, 2026)
Describe the facts you know about a fire, smoke intrusion or related damage in plain language. Identify where the damage occurred, what you observed, what someone reported to you and which records support your account. If you do not know the cause or extent, say so rather than guessing. A seller who never occupied an inherited Los Angeles house may have different knowledge from an owner who lived through the event; neither should invent an answer.
Some transfers are exempt from the TDS requirement. A court-ordered sale is one example, but an exemption from a particular form does not automatically resolve every other disclosure obligation. A California real estate attorney can assess whether an exemption applies. (CA Civil Code, California Civil Code section 1102.2, checked October 29, 2026)
The TDS is required for many residential sales, and an exemption from the form does not automatically eliminate other disclosure duties.
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Do you disclose damage that has been repaired?
Yes, disclose known material fire or smoke damage even when work has been completed. A fresh coat of paint, replaced drywall or a cleaned ventilation system tells a buyer what is visible now; it does not explain the earlier event, the scope of work or whether a contractor found damage elsewhere. A buyer can evaluate those details alongside the current condition.
Separate what happened from what was repaired. For example, identify a fire in a garage, the rooms affected by smoke, and whether cleaning extended to the attic or heating and cooling ducts, if you know those facts. Identify any work that remains unfinished and any later odor, staining or other concern you noticed. Do not describe a repair as complete or a home as smoke-free unless you have a sound basis for that statement.
Smoke may affect a Los Angeles home without flames reaching the structure. The California Department of Insurance says smoke coverage depends on policy language and claim facts, and expects appropriate investigation of smoke claims. An insurance determination is not the same question as whether a known condition is material to a buyer. A licensed public adjuster can address questions about the claim. (California Department of Insurance, Bulletin 2025-7 Insurance Coverage for Smoke Damage, checked October 31, 2026)
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| What you know | What to explain |
|---|---|
| Fire at the property | Location, observed damage and any uncertainty about the cause or extent. |
| Smoke intrusion | Where you noticed smoke, odor or residue and whether testing or cleaning occurred. |
| Repairs completed | Who performed the work, its scope and any supporting invoices or permits. |
| Work remains | Known unfinished items and any reports describing them. |
Disclose known material damage even after repairs, and provide records showing the scope of the work.
Review the repair history
Talk through what you know about the damage and the records you have.
What should you disclose about insurance claims?
The California Department of Real Estate's description of a standard purchase contract says the seller discloses material facts and defects, including known insurance claims. That description is not a substitute for reading your own agreement. Check the version in your contract. (California Department of Real Estate, DRE Reference Book Chapter 20, checked October 31, 2026)
Gather the claim notice, adjuster's estimates, coverage decisions, payment records and correspondence that explains the reported damage or work. Tell the buyer if a claim remains open, a decision is disputed or a payment did not cover a particular repair, when you know that to be true. Avoid presenting an insurer's estimate as proof that every listed repair was performed.
Insurance paperwork can contain personal information. Review the documents before delivery and discuss handling sensitive account details with your agent. Provide relevant claim information along with records of the damage and repairs.
DRE describes a standard purchase contract as requiring disclosure of material facts and defects, including known insurance claims.
Which records should you give the buyer?
Build a clear record for your Los Angeles property before completing disclosures. Put the event, inspections, repairs and later observations in order. Give your agent copies of relevant documents and identify gaps. A contractor's invoice may show the work billed, while a permit or final inspection may show a separate step in the process. Do not imply one document proves more than it actually says.
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| Record | How it helps a buyer |
|---|---|
| Inspection and testing reports | Show the areas evaluated, findings and any stated limitations. |
| Permits and final inspection records | Identify permitted work and the status shown in the available records. |
| Repair and remediation invoices | Describe the contractor's stated scope and work billed. |
| Claim paperwork and photographs | Help explain reported damage, claim status and conditions at the time pictured. |
Include unfavorable findings as well as completed work. If an earlier buyer's inspector identifies a material issue and the sale falls through, discuss disclosure of that known finding to the next buyer. Label an old report with its date and avoid suggesting that it describes the home today without qualification. If a report is missing, explain what you know and request a copy from the person or organization that prepared it.
Los Angeles properties can involve city or county permitting jurisdictions, depending on the address. Check the relevant building department's records for permits and final inspections rather than assuming a contractor obtained them. If records conflict, describe the conflict and ask the preparer for clarification. Include inspection reports, permits, invoices, claim paperwork and photographs in the disclosure file.
Organize your seller documents
Discuss the reports and paperwork to gather before your sale.
How is a fire hazard zone different from prior damage?
A Natural Hazard Disclosure addresses mapped hazards; it does not replace an account of damage that actually occurred. California's Natural Hazard Disclosure Statement includes a high or very high fire hazard severity zone and a wildland area with substantial forest fire risks. A property can have smoke damage without being in the mapped zone, and a mapped property may have no known prior fire damage. (CA Civil Code, California Civil Code section 1103.2, checked October 31, 2026)
Fire hazard maps have been redrawn, so check the current map and the property's natural hazard report rather than relying on a neighbor's classification or an old listing. Los Angeles County and the City of Los Angeles have distinct local mapping processes. Your disclosure provider and agent can help identify the report for the address; ask a qualified professional or attorney about a disputed classification. (County of Los Angeles, LA County GIS item description and LAFD fire hazard map recommendation, checked October 31, 2026)
Vegetation management documentation can also apply in a high or very high zone when the statute's conditions are met. If the seller lacks the required documentation, the law calls for a written agreement about the buyer obtaining it. The applicable agency and an attorney can help determine the requirements for the property. (CA Civil Code, California Civil Code section 1102.19, checked October 31, 2026)
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Other fire-related documents may be required. For a home built before January 1, 2010 in a high or very high fire hazard severity zone, California law requires a home hardening notice with specified information about known vulnerable features and qualifying retrofits completed during the seller's ownership. A final inspection report, if held by the seller under the specified law, must be provided or its location identified. (CA Civil Code, California Civil Code section 1102.6f, checked October 31, 2026)
Can you sell as-is without disclosing damage?
No. Selling a California house as-is describes the condition in which the parties agree to transfer it; it does not let a seller withhold known material facts. Civil Code section 1102.1 says delivery of a required TDS cannot be waived in an as-is sale. A cash buyer, repair credit or agreement to leave the work to the buyer does not turn a known material defect into a secret. (CA Civil Code, California Civil Code section 1102.1, checked October 29, 2026)
Give the buyer the same factual account whether the Los Angeles home is offered through a listing or to a direct purchaser. An as-is offer can still provide for inspections, questions and negotiations under its terms. Read the agreement for its inspection and negotiation terms.
When reviewing a direct offer, check who is named as buyer and whether the agreement permits assignment to another purchaser. Assignment terms and any consent requirements belong in the written agreement. A California real estate attorney can explain assignment terms before you sign.
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Even in an as-is sale, delivery of a required TDS cannot be waived and known material facts must be disclosed.
Talk through an as-is sale
Discuss your selling options and the disclosures buyers will need.
When should you update disclosures and what happens if you do not?
California law calls for a required TDS to be delivered as soon as practicable before transfer of title. If a required disclosure is delivered after the buyer signs an offer, statutory cancellation rights may apply; delivery method matters. A California real estate attorney can explain how the statute and your agreement apply. Escrow handles document delivery and closing instructions, but does not decide a disputed legal claim. (CA Civil Code, California Civil Code section 1102.3, checked October 29, 2026)
Keep your agent informed if you learn something new after completing the forms. A new inspection, a newly located claim file or a recurring smoke odor may change the factual picture. Give the new information and supporting report to your agent promptly, and discuss whether an amended disclosure is needed. Keep a record of what was provided and when.
Failure to comply with the transfer disclosure article does not by itself invalidate a sale. Civil Code section 1102.13 provides liability for actual damages suffered by the buyer when a person willfully or negligently violates or fails to perform a duty under that article. (CA Civil Code, California Civil Code section 1102.13, checked October 31, 2026) Civil Code section 1102.8 preserves other disclosure obligations, including those that exist to avoid fraud, misrepresentation or deceit, so section 1102.13 is not the only possible exposure. (California Civil Code section 1102.8, checked October 31, 2026)
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Clear disclosure also gives a buyer a fair opportunity to investigate before closing. If a buyer asks about an item you cannot verify, distinguish your own observation from someone else's statement and provide the underlying record if available. A careful answer can be concise: identify the condition, the source of your knowledge, the work documented and the remaining unknowns.
For example, if true, you might write: "Smoke entered the garage and adjoining room. A contractor cleaned those areas; the attached invoice describes the work. I do not know whether smoke entered the attic." Adapt the wording to your own knowledge and records.
Deliver a required TDS as soon as practicable before title transfers. If a required disclosure is delivered after the buyer signs the offer, the buyer may terminate in writing within three days after in-person delivery or five days after delivery by mail or electronically. (CA Civil Code, California Civil Code section 1102.3, checked October 29, 2026)
Frequently asked questions
Should I disclose smoke odor if I never filed a claim?
A claim is not the test for whether a known condition matters to a buyer. Describe an odor you observed, where and when you noticed it, and any cleaning or testing you know about. Avoid guessing at its cause. If you are unsure whether the fact is material, ask a California real estate attorney for advice about your circumstances.
What if the fire happened before I owned the house?
Disclose known material information even if the event occurred before your ownership. Explain how you learned about it and provide reports or prior disclosures you possess. Do not claim personal knowledge of repairs you did not witness. If the history is incomplete, identify the gaps and ask your agent or attorney how to present the information accurately.
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Does a clean inspection erase an earlier fire?
A clean inspection can give the buyer useful information about the areas and conditions the inspector evaluated. It does not erase a known material history. Provide the report together with the known fire history and repair records, including any limits in the report. The buyer and their inspector can decide what further investigation is appropriate.
What if I cannot find my contractor invoices?
Explain what you know about the work and which records are missing. Ask the contractor, insurer or relevant Los Angeles building department for available copies, but do not represent a missing invoice as proof that work was completed. Permit records and inspection reports may supply different information. An attorney can advise how to disclose the remaining uncertainty.
Can a buyer waive an inspection and still receive disclosures?
Inspection terms and seller disclosure duties are separate issues. An as-is sale does not waive delivery of a required Transfer Disclosure Statement or excuse withholding known material facts. Review the actual agreement with your agent and consult a California real estate attorney about the effect of a proposed inspection waiver on your particular transaction.
Do I need to disclose an open claim if repairs are unfinished?
Describe known material damage and unfinished work, and provide relevant claim information. The California Department of Real Estate describes a standard contract as requiring disclosure of material facts and defects including known insurance claims. Check your own contract, explain the claim status accurately, and direct coverage questions to a licensed public adjuster or attorney.
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Is a hazard report enough if my house had smoke damage?
A natural hazard report addresses mapped conditions and does not describe every event at the property. Tell the buyer about known material smoke damage, the affected areas, any testing or cleaning and unresolved concerns. Supply the relevant documents and the hazard report. Ask your agent or a California real estate attorney about the complete disclosure package.
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Sources
- California Civil Code section 1102.1, California Legislature (statute text read via california.public.law mirror). Checked October 29, 2026.
- DRE Reference Book Chapter 20, California Department of Real Estate (dre.ca.gov). Checked October 29, 2026.
- California Civil Code section 1102.2, California Legislature (statute text read via california.public.law mirror). Checked October 29, 2026.
- Bulletin 2025-7 Insurance Coverage for Smoke Damage, California Department of Insurance (insurance.ca.gov). Checked October 31, 2026.
- California Civil Code section 1103.2, CA Civil Code (california.public.law). Checked October 31, 2026.
- LA County GIS item description and LAFD fire hazard map recommendation, County of Los Angeles (lafd.org). Checked October 31, 2026.
- California Civil Code section 1102.19, CA Civil Code (california.public.law). Checked October 31, 2026.
- California Civil Code section 1102.6f, CA Civil Code (california.public.law). Checked October 31, 2026.
- California Civil Code section 1102.3, California Legislature (statute text read via california.public.law mirror). Checked October 29, 2026.
- California Civil Code section 1102.13, CA Civil Code (california.public.law). Checked October 31, 2026.
- California Civil Code section 1102.8, other (california.public.law). Checked October 31, 2026.
About the author
Justin Borges
REALTOR® | CA DRE #01940318
Justin writes LA Metro Home Finder’s guides to 30+ communities across the San Gabriel Valley, Northeast LA, and greater Los Angeles, and has closed $200M+ in career sales with a 106% average list-to-sale ratio.
Justin has held an active California DRE salesperson license since October 2013. View Justin’s author profile.
This guide is educational and is not legal, tax, title, lending, or insurance advice. Contract forms, statutes, and lender rules change. Confirm the terms that apply to your sale with your escrow officer, title officer, lender, or a California real estate attorney.
