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SF Buyer Guide 2026

SF Transfer Disclosure Statement 2026: What Every Buyer Must Know Before Writing an Offer

What the TDS is, what SF sellers must disclose, the red flags to look for, and how this document protects you in one of the nation's most complex and competitive real estate markets.

In San Francisco's competitive market, buyers routinely waive inspection and loan contingencies to win. What you absolutely cannot waive is your right to review the Transfer Disclosure Statement — it's a statutory right embedded in California law that survives any contractual contingency waiver. Understanding what the TDS reveals (and what it doesn't) is one of the most important skills you can develop as an SF buyer.

San Francisco properties transact at a median price of roughly $1.28 million as of early 2026, according to the California Association of Realtors. At that price point, a foundation disclosure you misread or a rent-controlled tenant you didn't know about can cost you six figures. This guide covers every element of the SF disclosure package — state-mandated and local — so you walk into your offer fully informed.

$1.28M SF Median Home Price, Q1 2026 (CAR)
3 Days Statutory Cancellation Right After TDS Receipt (CA Civil Code 1102.3)
Pre-Listing When SF Sellers Typically Deliver the Full Disclosure Package
8+ Forms Documents in a Typical SF Disclosure Package vs. State Minimum of 3
~73% SF Homes Sold Above Asking Price, 2025 (Compass SF Market Report)

What the TDS Is and Why California Law Requires It

The Transfer Disclosure Statement is a mandatory disclosure document codified under California Civil Code Section 1102 et seq. It applies to nearly all residential sales of 1–4 unit properties in California, with narrow exemptions for foreclosures, probate sales, transfers between co-owners, and certain inter-family transfers. If you are buying a standard resale home, condominium, townhouse, or small multi-unit building in San Francisco, you will receive a TDS.

The purpose of the TDS is straightforward: it shifts the information advantage from seller to buyer. Before 1985, when the statute was enacted, California operated largely under the common law doctrine of caveat emptor — let the buyer beware. Courts and the legislature gradually recognized that sellers, having lived in a property for years, hold a massive informational advantage over buyers who may inspect a home for just an hour or two. The TDS codifies the seller's duty to disclose known material defects rather than waiting for the buyer to discover them.

A "material defect" is any condition that would affect either the buyer's decision to purchase or the price they would be willing to pay. Courts have interpreted this broadly. It includes obvious physical defects like a leaking roof, but also subtler issues: a history of flooding that was remediated, a neighbor dispute over a shared driveway, a pending HOA special assessment, or even the fact that someone died in the home within the past three years (which is separately required to be disclosed in California).

Buying in San Francisco and need someone to walk you through the full disclosure package? Call or text (510) 277-4420 — I review every form before my clients write an offer.
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Who Must Provide the TDS

The seller must complete and sign the TDS. But the law also requires the listing agent to conduct a reasonably competent and diligent visual inspection of the accessible areas of the property and disclose material facts on the TDS based on that inspection. The buyer's agent is similarly required to conduct a visual inspection and add their findings to the TDS. This means the TDS ultimately contains three independent sets of disclosures — seller, listing agent, and buyer's agent — and discrepancies between them are often the most revealing part of the document.

What "Known" Means — and Its Limits

The seller's disclosure obligation is limited to conditions they actually know about. A seller who genuinely does not know that their foundation has a hairline crack is not liable for failing to disclose it. However, courts have held that sellers cannot deliberately avoid learning about a condition (so-called "conscious avoidance") and then claim they "didn't know." If a seller noticed water staining on the ceiling, did nothing about it, and marked "No" on the water intrusion question, that is not a good-faith disclosure even if the leak had stopped by the time of listing.

The practical implication for SF buyers: the TDS tells you what the seller knew and chose to disclose. A clean TDS is not the same as a defect-free property. It always needs to be read alongside a thorough independent home inspection.

The Main TDS Sections: What Each One Covers

The California TDS form (CAR Form TDS) is organized into three parts. Here's what each covers and what to focus on as a buyer.

TDS SectionWhat the Seller or Agent DisclosesWhat to Watch For
Part I — Seller's InformationKnown defects in structure, roof, plumbing, electrical, HVAC, foundation, drainage, and more. Also: additions/alterations, permits, HOA disputes, neighbor disputes, environmental hazards, deaths on property within 3 years.Every "Yes" answer and its written explanation; anything marked "Unknown" that the seller should reasonably know; blank fields that should have been answered
Part II — Listing Agent's Visual InspectionListing agent's findings from a diligent visual inspection of accessible areas — not a full home inspection, but an independent professional observation.Discrepancies between what the agent noted and what the seller disclosed; conditions the agent flagged but the seller did not; anything the agent marked as a concern
Part III — Buyer's Agent Visual InspectionBuyer's agent findings from their own visual inspection. Your agent should walk the property thoroughly and document what they observe.Your agent's independent findings add another layer of protection and may catch issues neither the seller nor listing agent flagged

The Section C Questions Most Buyers Underread

Part I Section C of the TDS contains a detailed checklist of specific property conditions. Buyers often scan it quickly and move on. The questions that generate the most costly surprises in San Francisco homes include:

  • Roof leaks or defects — Victorian roofs often have multiple layers of patched material. A disclosed "minor leak, repaired 2019" can signal chronic moisture intrusion.
  • Foundation or wall cracks, slipping, settling, or heaving — San Francisco's varied geology means some neighborhoods (especially the Marina and Sunset near sand dunes) have more soil movement than others.
  • Any additions, alterations, or modifications to the property — followed by the critical follow-up: "Were required building permits obtained?" If permits were not obtained, the buyer inherits unpermitted work.
  • Current or prior pest infestation or damage — Wood-destroying organisms (WDO) are common in SF's Victorian housing stock. "Prior" infestation that was treated still warrants a pest inspection to verify remediation was complete.
  • Any known boundary or easement disputes — Shared driveways, rear lot access, and property line questions are common in SF's densely packed neighborhoods.
  • Deaths on the property in the past three years — California requires disclosure of any death on the property within the preceding three years if directly asked. Some buyers are affected by this; others are not.

San Francisco's Additional Disclosure Package

SF transactions go well beyond the state-mandated TDS. The standard SF disclosure package typically runs 100–200 pages and includes documents you will not see in most other California markets. Understanding what each document covers — and why it matters — is essential before you write any offer on an SF property.

DocumentWhat It CoversWhy It Matters in SF
SF Seller's AdvisorySF-specific issues: rent control applicability, TIC ownership structure, condo conversion rights, earthquake retrofit requirements, short-term rental rulesTells you immediately whether the property has rent-controlled tenants, which dramatically affects your ability to occupy or re-rent
SF Residential Building Record (3R Report)City's official record of: legal number of units, zoning classification, open permits, building code violations on file with DBIUncovers illegal units (common in SF), unpermitted work, and open code violations that affect value, insurability, and lender approval
Permit History PullAll permits applied for and issued on the property, whether finaled or expiredIdentifies unpermitted additions and remodels; a Victorian with a remodeled kitchen but no permit pulls is a common SF pattern — buyer inherits the liability
Soft-Story Retrofit StatusWhether the building has been screened under SF's mandatory soft-story seismic retrofit ordinance, and whether retrofit work is required or has been completedUnreinforced soft-story buildings face mandatory retrofitting; if the work is not yet done, the buyer must complete it — costs range from $15,000 to $100,000+
Natural Hazard Disclosure (NHD)Third-party determination of state-designated hazard zones: flood, fire, seismic, liquefaction, landslide, dam inundationSF has significant liquefaction risk zones (Marina, Mission Bay, parts of SOMA); flood and fire risk vary by neighborhood
Lead Paint DisclosureRequired for all homes built before 1978; discloses known presence of lead-based paint and available recordsThe vast majority of SF Victorians were built before 1978; lead paint is essentially a baseline assumption in pre-war SF housing stock
Preliminary Title ReportCurrent ownership, liens, easements, CC&Rs, and encumbrances of recordReveals HOA issues, mechanics liens, IRS tax liens, and easements that run with the land and bind any buyer
HOA Documents (condos/TICs)CC&Rs, bylaws, meeting minutes, financial statements, reserve study, pending litigation, upcoming special assessmentsSF condo HOAs range from 2-unit TICs to large high-rises; reserve fund adequacy and pending litigation are the two most critical items
Looking at an SF condo or TIC and need help reading the HOA documents? Call (510) 277-4420 — I walk buyers through every document before offer submission.
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Rent Control Disclosures: The SF-Specific Complexity

San Francisco's Rent Ordinance (Chapter 37 of the SF Administrative Code) is one of the most tenant-protective in the United States. For buyers, the rent control status of any property they are purchasing — and whether it has current tenants — is arguably the most financially consequential disclosure in the entire package. Here is what you need to understand before writing an offer on any SF multi-unit property or even a single-family home with an in-law unit.

What Is Covered by SF Rent Control

Most residential rental units in buildings with two or more units that were constructed before June 1979 are subject to both rent increase limits and just cause eviction protections under the SF Rent Ordinance. The Costa-Hawkins Rental Housing Act (state law) layers on top of this: it prohibits San Francisco from applying rent control to single-family homes (with narrow exceptions), condominiums, and any unit first occupied after February 1, 1995. AB 1482, the statewide tenant protection law, provides a separate floor: it caps annual rent increases at 5% plus local CPI for buildings not covered by local ordinance, applies to buildings 15+ years old.

The practical result: a buyer purchasing a 1920s-era SF duplex with one tenant paying $800/month in a unit that rents at market for $3,500/month has inherited a significant long-term discount on half their building's income. The only way to reset rent to market under Costa-Hawkins is voluntary vacancy — the tenant has no obligation to leave.

Ellis Act and Owner Move-In Rights

Two mechanisms allow an SF property owner to remove rent-controlled tenants, but both come with significant constraints and costs:

  • Owner Move-In (OMI) Eviction: An owner or qualifying family member can recover one unit in a multi-unit building for their own primary residence. Requires proper notice (60 days for tenants under 1 year; longer for elderly/disabled), payment of relocation assistance ($6,800 to $9,000+ per tenant as of 2025 Rent Board rates), and the owner must actually occupy the unit for at least 36 consecutive months. Strict anti-abuse rules apply.
  • Ellis Act Eviction: California's Ellis Act allows an owner to withdraw all units from the residential rental market simultaneously. All tenants receive at minimum 120 days notice (one year for elderly and disabled tenants). Relocation assistance is mandatory. The building cannot be re-rented for at least five years (10 years under SF law for certain units). Ellis Act withdrawals are tracked by the Rent Board and are public record.

Buyers who intend to occupy an SF multi-unit building should understand both paths and their costs before writing an offer — they are not disclosed on the TDS itself, but the existence of rent-controlled tenants will appear in the SF Seller's Advisory.

Key disclosure question to ask: For any SF multi-unit property, request the current rent roll, current tenant lease or rental agreement, Rent Board registration certificate, and any pending Rent Board petitions before submitting an offer. These items are typically in the disclosure package but if they are absent, your agent should request them.

Soft-Story Seismic Retrofit Disclosures: What Buyers Must Know

San Francisco's mandatory soft-story seismic retrofit program (Ordinance 66-13, amended by later ordinances) requires owners of certain wood-frame buildings to reinforce the "soft story" — the structurally weak ground floor, typically a garage or commercial space directly beneath residential units. These buildings are particularly vulnerable to collapse in earthquakes, as demonstrated by the 1989 Loma Prieta earthquake and the 1994 Northridge earthquake.

How the Program Works

The Department of Building Inspection (DBI) identified and sent mandatory screening notices to buildings with five or more residential units, two or more stories of wood-frame construction over a soft first story, and built before January 1, 1978. Buildings subject to the ordinance were required to complete screening, then submit a retrofit design, then complete construction on a rolling deadline schedule. As of 2026, the program has gone through multiple deadline extensions. Many buildings are now compliant; some are still working through the process.

What the Disclosure Means for Buyers

If you are buying a multi-unit building subject to the soft-story program, the seller must disclose the property's retrofit status. The three scenarios and their implications:

  • Retrofit complete, permit finaled: Best outcome. The building has been structurally reinforced, the work is permitted, and you have no ongoing obligation under the program. Ask for the finaled permit documentation.
  • Retrofit required, work not yet done: You inherit the obligation to complete the retrofit. DBI timelines apply. Estimated costs range from $15,000 for a small 4-unit building to $100,000+ for larger buildings, depending on scope and current contractor rates. Get a retrofit engineering estimate before closing.
  • Building screened, found not subject to retrofit: Engineering review determined the building does not require mandatory retrofit. The DBI notice of no action is the documentation to request.

Soft-story retrofit status is also a factor in earthquake insurance underwriting — retrofitted buildings typically qualify for lower premiums than unreinforced ones.

Looking at an older SF multi-unit building and unsure about its seismic status? Call (510) 277-4420 — I can pull DBI records and walk you through the retrofit obligation before you write an offer.
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Red and Yellow Flags: What to Look For on an SF TDS

Not all "Yes" answers are equal. Here are the conditions that most often signal significant cost or risk in San Francisco's housing stock — predominantly Victorian-era wood-frame construction dating from the 1880s through the 1920s, alongside a large postwar inventory built through the 1960s and 70s.

Red Flag: Foundation or Structural Movement

Any disclosure of foundation cracks, wall cracks, floor settling, soft-story concerns, or prior shoring work. Victorian foundations are often unreinforced concrete or brick rubble on soft soils. In the Marina, Sunset, and Inner Richmond districts, soil conditions amplify seismic risk significantly. A structural engineer inspection is essential before waiving contingencies on any property with a structural disclosure.

Red Flag: Active or Prior Water Intrusion

Roof leaks, basement seepage, subfloor water damage, or window frame rot. In SF's persistently foggy and wet climate, moisture intrusion is the single largest source of expensive repairs in the Victorian housing stock. "Repaired" water intrusion frequently recurs because the underlying moisture pathway (failed flashing, grade issues, damaged foundation sill plates) was not addressed. Request all repair receipts, permits for roofing work, and any moisture remediation records.

Red Flag: Unpermitted Additions or Converted Spaces

A disclosed garage conversion to living space, in-law unit buildout, or added bathroom done without permits creates a direct liability for the buyer. SF's Department of Building Inspection actively enforces unpermitted work complaints. Costs to legalize unpermitted work in SF typically run from $25,000 to $200,000+ depending on scope and whether structural changes are involved. In some cases, legalization is not possible, and the work must be removed entirely.

Red Flag: HOA Litigation or Large Special Assessments

For condos and TICs — any pending litigation involving the HOA or a special assessment disclosure represents known future costs. Special assessments in SF condo buildings have ranged from $8,000 per unit (repairing a leaking roof) to $150,000 per unit (full facade replacement on a mid-rise). Review the HOA minutes for the past two years, the reserve study, and the current reserve fund balance before writing an offer on any SF condo.

Red Flag: Soft-Story Retrofit Not Completed

Unique to San Francisco. If a multi-unit building is subject to the mandatory soft-story ordinance and the retrofit has not been completed, the buyer inherits the obligation. The longer the work has been delayed, the more likely DBI enforcement notices are already in the file. Always pull the DBI open-permit report alongside the TDS.

Yellow Flag: Neighbor Disputes or Easement Issues

Disclosed neighbor conflicts around fences, drainage, shared walls, view easements, or driveway access can become expensive legal disputes for the new owner. In SF's attached and semi-attached housing stock, shared-wall issues between Victorians (including noise, party wall maintenance costs, and illegal infill construction) are common. Ask for specifics and any written correspondence in writing before offer submission.

Yellow Flag: "Unknown" on Systems the Owner Should Know

An owner who has lived in a property for five or more years marking "Unknown" on whether their plumbing or electrical has had issues is a yellow flag. It may represent genuine ignorance — or it may represent deliberate avoidance. Your agent should request clarification from the listing agent before you write. In SF, galvanized steel plumbing (common in pre-1960s homes) and knob-and-tube wiring (common in Victorians) are material defects worth verifying.

Yellow Flag: Recent Major Repairs Without Permits or Documentation

A seller disclosing that they "had the roof replaced" or "fixed the foundation" without accompanying permits, contractor receipts, warranties, or engineering reports leaves you unable to verify scope or quality of work. In SF, structural and roofing work over $3,000 generally requires permits. Ask for documentation of all disclosed repairs before deciding whether to waive contingencies.

Yellow Flag: Short-Term Rental History or Active STR Permit

San Francisco's Short-Term Rental Ordinance (Chapter 41A) strictly regulates Airbnb and similar rentals. A property with an active STR permit is fine — but a disclosure that the owner has been operating STRs without a permit can signal deferred enforcement action or neighbor complaints on file. The City's STR registration is public and searchable.

Step-by-Step: How to Review an SF TDS Before Writing an Offer

San Francisco's pre-listing disclosure model means you receive the TDS before your offer — not after. Most SF sellers package all disclosures in a single PDF document set that can run 80–250 pages. Here is how to work through it systematically.

1

Read Every "Yes" Answer First

Go directly to every checkbox marked "Yes" on the TDS. Each "Yes" is the seller confirming a known condition exists. Read the written explanation carefully for each — a "Yes" followed by "roof replaced with 50-year composition shingle, permitted, in 2021" is very different from "Yes, active drip at northeast corner, origin unknown."

2

Flag All "Unknown" Answers

A seller marking "Unknown" on a question they should reasonably know the answer to is a yellow flag. An owner of 10+ years who marks "Unknown" on whether the furnace has had service issues is concerning. Have your agent request clarification from the listing agent before you submit — in writing, so the response is documented.

3

Pull the 3R Report and Permit History

Cross-reference the TDS disclosures against the SF Residential Building Record (3R Report) and the permit history pull. Discrepancies between what the seller claims was permitted and what actually shows in DBI records are common and significant. Unpermitted work disclosed on the TDS that appears nowhere in the permit history confirms unpermitted status.

4

Check the SF Seller's Advisory for Rent Control Status

Read the SF Seller's Advisory in full. Confirm whether there are current tenants, their tenancy type (month-to-month vs. lease), approximate current rent, and whether those rents are subject to the SF Rent Ordinance. For any multi-unit property, request the rent roll and Rent Board registration certificate if not included.

5

Verify Soft-Story Retrofit Status

For any multi-unit building built before 1978 with a soft first story, confirm whether the property is subject to the mandatory soft-story ordinance and what the current status is. If the retrofit is incomplete, get a preliminary cost estimate from a structural engineering firm before your offer is due.

6

Cross-Reference Against the Pre-Listing Inspection Report

Most SF sellers provide a pre-listing home inspection. Compare every finding in the inspection report against the TDS. If the inspector found active water intrusion in the basement but the TDS marks "No" on water intrusion — that is a serious discrepancy. Your agent should raise it with the listing agent before you proceed.

7

Decide on Contingencies Based on What You Found

In SF's competitive market, many buyers waive all contingencies. But the TDS statutory right (3 days to cancel after receipt, regardless of contingency waiver) gives you a brief but real exit window if disclosures are alarming. If flagged items are significant but the property is still desirable, consider retaining a targeted disclosure review contingency rather than waiving everything outright. Have a frank conversation with your agent about how your offer's competitiveness compares to the risk in the disclosure package.

8

Order Specialist Inspections for Flagged Items

If the TDS reveals foundation issues, active water intrusion, suspected unpermitted work, or electrical/plumbing concerns, commission specialist inspections — structural engineer, licensed roofer, licensed electrician, or licensed plumber — before the offer-due date if possible, or retain a contingency period to do so after acceptance. Specialist reports either give you pricing leverage for negotiation or provide grounds to exercise your 3-day cancellation right.

Found something in an SF disclosure package you're not sure how to interpret? Call (510) 277-4420 — I can help you assess the risk before your offer deadline.
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Your Statutory 3-Day Cancellation Right

California Civil Code Section 1102.3 gives buyers an absolute right to cancel based on the TDS — even if you have waived all contingencies in your offer. This is not a contingency — it is a statutory right built into California law that cannot be contracted away by any term in the purchase agreement. Here is how the timeline works and what to know about exercising it.

Delivery MethodCancellation WindowHow to CancelDeposit Outcome
In person or electronic delivery with confirmed receipt3 calendar days from deliveryWritten notice to seller or seller's agent — email with read receipt recommendedEarnest money deposit returned in full; no penalty
Mailed5 calendar days from postmark dateWritten notice to seller or seller's agentEarnest money deposit returned in full; no penalty
After the window has expired, within a retained disclosure contingency periodPer your contract terms (typically 17 days in CAR contract)Written cancellation notice per contract termsEarnest money returned if cancelled in accordance with contingency terms

This 3-day right cannot be waived in an offer or purchase contract. Even if your offer says "buyer waives all contingencies including disclosure review," you still have 3 days after TDS delivery to cancel and receive your earnest money deposit back in full. This is one of California's most important buyer protections — do not hesitate to use it if the disclosures reveal something material you were not previously aware of.

One Critical Nuance: The Clock Starts on Receipt, Not Delivery

In SF's pre-listing disclosure model, sellers often post the full disclosure package online (via Glide, Docusign, or a third-party disclosure platform) before they accept any offers. The 3-day clock technically starts when you confirm receipt of the TDS — not when you first downloaded the package. Your agent should track exactly when you signed the TDS receipt confirmation, because that date determines your cancellation deadline if you discover a material issue after offer acceptance.

If a seller delivers a supplemental or amended TDS after offer acceptance (common when new issues are discovered during the transaction), the 3-day cancellation right resets from the date of the amended TDS delivery. This is an important protection for buyers during the escrow period.

Repair Cost Estimates for Common Disclosed Defects in SF

Understanding the potential financial exposure behind common TDS disclosures helps you make rational decisions about offer price and contingency strategy. These are representative San Francisco contractor estimates as of 2025–2026 for typical Victorian and postwar residential stock. Actual costs vary significantly by property and contractor.

Disclosed DefectTypical SF Repair Cost RangeSpecialist NeededPermit Required?
Full roof replacement (Victorian flat/Stick-style)$18,000 – $45,000Licensed roofing contractorYes
Foundation crack repair / epoxy injection$3,000 – $12,000Structural engineer + contractorUsually yes
Foundation shoring or underpinning (full)$40,000 – $150,000+Structural engineer + licensed contractorYes
Soft-story seismic retrofit (4–6 unit building)$20,000 – $65,000Structural engineer + licensed contractorYes
Sewer lateral replacement (required at sale in many SF districts)$8,000 – $25,000Licensed plumber + SFPUC complianceYes
Knob-and-tube wiring upgrade (full house)$15,000 – $35,000Licensed electricianYes
Galvanized plumbing replacement (full house)$12,000 – $30,000Licensed plumberYes
Unpermitted garage conversion legalization$25,000 – $120,000Architect + general contractorYes (retroactive)
Mold remediation (localized, discovered at inspection)$2,500 – $15,000Licensed mold remediation contractorSometimes
Dry rot repair (floor joists, sill plates)$5,000 – $40,000General contractor + pest controlSometimes
HOA special assessment (per unit, condo)$8,000 – $150,000+HOA — owner has no controlN/A

These figures make clear why reviewing the TDS thoroughly — and commissioning specialist inspections on flagged items — is so important at SF price points. Even a $30,000 repair is 2–3% of a $1M purchase price. A $150,000 HOA special assessment on a $900,000 condo is a 17% cost increase you did not price into your offer.

Trying to figure out how much a disclosure issue should affect your offer price? Call (510) 277-4420 — I help buyers translate disclosure risk into pricing strategy every week.
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How Other Bay Area Cities Compare: Disclosure Requirements Across the Region

While the California TDS requirement applies statewide, each Bay Area city layers its own local disclosures and tenant protections on top of the state minimum. If you are buying anywhere in the Bay Area — not just San Francisco — understanding your city's disclosure environment is essential.

City / MarketKey Local Disclosures Beyond State TDSRent ControlNotable Complexity
San FranciscoSF Seller's Advisory, 3R Report, Permit History, Soft-Story Retrofit Status, STR HistoryStrong — SF Rent Ordinance (pre-1979 multi-unit), Costa-Hawkins appliesMost complex in the Bay Area; soft-story program, TIC conversions, pre-listing disclosure package standard
OaklandOakland Just Cause for Eviction Ordinance disclosures, Rental Adjustment Program (RAP) registrationStrong — Oakland Rent Adjustment Program covers most rental units; Just Cause eviction citywide regardless of building ageOakland Just Cause covers even single-family rentals; buyers of occupied rentals must understand relocation obligations
BerkeleyBerkeley Rent Stabilization Board disclosures, Ellis Act notice historyVery strong — Berkeley Rent Ordinance among strictest in state; vacancy decontrol applies under Costa-HawkinsBerkeley's Rent Board is proactively involved; tenants have significant organizing rights; buyers must check Rent Board petitions
San JoseSan Jose Rent Ordinance disclosures for apartments (pre-Sept 1979, 3+ units)Moderate — applies to specific older apartment stock only; SFRs and newer condos exemptSilicon Valley tech equity income common; buyers often move fast and waive; TDS still the critical document
Marin CountyStandard CAR TDS; some cities (San Rafael) have local rent ordinances; fire hazard zone disclosures are prominentLimited — few Marin cities have strong rent control; wildfire zone disclosures more significant locallyWildfire risk zone disclosures (Marin WUI zones) are the most locally significant non-standard disclosure item
Peninsula (San Mateo / Santa Clara)Standard CAR TDS; Redwood City, Mountain View, East Palo Alto have local rent ordinancesVaries by city — Mountain View CSFRA, East Palo Alto ordinance; most Peninsula cities have AB 1482 as only protectionHigh-price, fast-moving market; tech stock vesting income common; ground-floor buyers in high-rises should review HOA documents carefully

Regardless of which Bay Area market you are buying in, the principle is the same: the TDS is the foundation, but local disclosures can be equally material. Working with an agent who understands both the state framework and the specific city's requirements is not optional in a market where errors cost six figures.

Buying in Oakland, Berkeley, or elsewhere in the Bay Area? Call (510) 277-4420 — I cover the full Bay Area and know each city's disclosure requirements.
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Frequently Asked Questions

What is the Transfer Disclosure Statement in California?
The Transfer Disclosure Statement (TDS) is a mandatory disclosure document required by California Civil Code 1102 for nearly all residential property sales of 1–4 units. It requires the seller to disclose known material defects and conditions affecting the property. In San Francisco, the TDS is typically accompanied by the SF Seller's Advisory, Residential Building Record, permit history pull, and other SF-specific disclosures — making the SF disclosure package one of the most comprehensive in the state.
Does the seller have to disclose everything on the TDS in San Francisco?
Sellers must disclose all known material defects — conditions that would affect the buyer's decision to purchase or the price they would pay. This includes roof leaks, foundation issues, plumbing problems, electrical deficiencies, pest infestations, neighbor disputes, HOA litigation, and any other conditions the seller is aware of. Sellers are not required to disclose conditions they genuinely did not know about, but courts have held that deliberate avoidance of learning about a known concern does not excuse disclosure. In practice, the "known" standard is interpreted broadly and courts are skeptical when a long-term homeowner claims ignorance about obvious defects.
When does the buyer receive the TDS in an SF transaction?
In San Francisco's competitive market, sellers typically provide the TDS and the full SF disclosure package before offers are submitted — often 5–14 days before the offer date. This is a significant difference from many other California markets where TDS delivery happens after offer acceptance. The pre-listing delivery model means SF buyers are expected to review all disclosures, order any specialist inspections they need, and factor the disclosure risk into their offer price before they bid. Buyers working with an agent who reviews disclosures before the offer is submitted are at a real advantage.
Can I cancel a sale based on the TDS in San Francisco?
Yes. California Civil Code 1102.3 gives buyers the right to cancel within 3 days of receiving the TDS in person or electronically (or 5 days if mailed) regardless of any contingency waiver language in the purchase contract. This is a statutory right that cannot be contracted away. Even if your accepted offer contains language waiving all contingencies including disclosure review, the 3-day cancellation window applies. After that statutory window, your ability to cancel based on TDS information depends on whether you retained a disclosure review contingency in your contract and whether it is still open.
What are the biggest red flags on a San Francisco TDS?
Key red flags include: any "Yes" in the roof or water intrusion section (especially for Victorian-era homes where moisture is a chronic issue), foundation or structural movement disclosures, prior or current unpermitted work, current or prior pest infestation or wood-destroying organism damage, neighbor disputes or easement conflicts, HOA special assessments or pending litigation, soft-story retrofit non-compliance, and any disclosure marked "Unknown" in areas where an owner of several years should reasonably have direct knowledge. The combination of a "Yes" disclosure and the absence of permits, receipts, or warranties for the remediation is particularly concerning.
What is the difference between the TDS and the NHD report?
The TDS is a seller disclosure about the known physical condition and defects of the specific property based on the seller's actual knowledge. The Natural Hazard Disclosure (NHD) report is a third-party document — typically prepared by a disclosure company using state GIS databases — that identifies whether the property lies within state-designated hazard zones: flood, fire, earthquake fault, seismic hazard liquefaction zone, landslide zone, dam inundation zone, and others. Both are required in California residential transactions and both matter, but they answer different questions. The TDS tells you what the seller knows about the house; the NHD tells you what the state has determined about the land beneath it.
Can a seller be sued for failing to disclose something on the TDS?
Yes. If a seller knew about a material defect and failed to disclose it on the TDS, the buyer may have grounds for causes of action including fraud, negligent misrepresentation, breach of the statutory disclosure duty, and in some cases, rescission of the entire transaction. California courts have consistently held sellers to strict disclosure standards. A listing agent who knew about the defect and failed to disclose it can also be held liable alongside the seller under both state agency law and DRE regulations. Bay Area real estate litigation arising from non-disclosure is a well-developed area of law, and buyers who discover post-close that material conditions were withheld do have legal remedies — though litigation is costly and uncertain.
Are there additional disclosure forms specific to San Francisco?
Yes, and the SF-specific package is extensive. SF transactions typically include the SF Seller's Advisory, SF Residential Building Record (3R Report), a full permit history pull from DBI, soft-story retrofit status disclosure, lead paint disclosure for pre-1978 homes, the Natural Hazard Disclosure report, and for condos and TICs, the full HOA document package (CC&Rs, bylaws, financials, reserve study, meeting minutes, any litigation disclosures). The SF disclosure package is significantly more comprehensive than state minimums and routinely runs over 100 pages. Buyers who skip or skim the SF-specific documents are taking on risks that experienced SF buyers and agents always review in detail.
How does rent control affect what a seller must disclose in San Francisco?
If the property has current tenants covered by the San Francisco Rent Ordinance, the seller must disclose this in the SF Seller's Advisory. Rent-controlled tenancies significantly affect the buyer's ability to occupy the unit or reset rents to market rate. Buyers need to know the current rents (which may be far below market), the length of tenancy, whether there are any active Rent Board petitions, and whether the tenancy is subject to just cause eviction protections. For multi-unit buildings, the full rent roll — showing each unit's current rent versus market rent — can dramatically affect the property's income potential and investment value. Never buy an occupied SF multi-unit property without requesting the complete rent roll and current lease agreements.
What is the soft-story retrofit disclosure and why does it matter?
San Francisco's mandatory soft-story seismic retrofit program requires certain wood-frame multi-story buildings to reinforce their structurally weak ground floor (typically a garage or commercial space directly beneath residential units). These buildings are especially vulnerable to collapse in earthquakes. Sellers must disclose whether their building is subject to the ordinance and whether the retrofit has been completed, is in progress, or has not yet been started. If the work is incomplete, buyers inherit the obligation — at a cost that typically ranges from $15,000 for a small building to $100,000 or more for larger structures. Before buying any SF multi-unit building built before 1978, confirming retrofit status should be one of the first items on your due diligence list.

Reviewing Disclosures on an SF Property You Love?

I walk every Bay Area buyer through the full SF disclosure package before they write an offer — TDS, building record, permits, soft-story status, rent control tenancies, HOA documents, and everything else. No surprises after you are in contract.

Justin Borges · DRE #01999206 · LA Metro Home Finder · Bay Area & Greater LA
Licensed in California. Not legal advice — consult a real estate attorney for questions specific to your transaction.

Justin Borges · DRE #01999206 · (510) 277-4420 · lametrohomefinder.com

Disclosure requirements based on California Civil Code 1102, SF Administrative Code Chapter 37, and SF local ordinances as of 2026. Not legal advice. Consult a real estate attorney for questions about specific disclosure obligations or buyer remedies. Repair cost estimates are representative ranges for the SF market and will vary by property and contractor.