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REALTORS® know very well the importance, and the complexity, of the various state and federal disclosure laws governing real estate transactions in California. This Sales Disclosure Chart is designed to provide REALTORS® and their clients with an easy-to-use reference guide for determining the applicability of these laws to the sales transactions most commonly handled by real estate licensees.
This chart describes legally required disclosures. It does not include disclosures which are only required by terms of any real estate purchase agreement. Nor does it include "advisories," which are typically optional disclosures based on risk management assessments.
Be sure to check the detailed disclosure information in the Summary Disclosure Chart since there may be exceptions or special exemptions to a disclosure requirement.
The Sales Disclosure Chart addresses the general applicability of common disclosure requirements in particular types of transactions but does not cover all disclosures required by law such as additional local requirements.
Certain transactions, including new home, subdivision, and common interest development sales, are subject to separate disclosure requirements.
Disclosure |
Res. |
Res. |
Res. |
Res. 5+ Units |
Commercial |
Personal Property Mobile Homes |
C.A.R. |
Law |
Advisability (When No Title Insurance Issued) |
Yes* |
Yes* |
Yes* |
Yes* |
Yes* |
No |
Cal. Civ. Code §1057.6. *Typically handled by escrow agent |
|
Agency |
Yes |
Yes |
Yes |
Yes |
Yes* |
Yes |
Disclosure Confirmation Form: "Agency" section of C.A.R. purchase agreements or AC-6 |
Cal. Civ. Code §§ 2079.13et seq. |
Airport in |
Yes |
Yes |
Yes |
No |
No |
Yes |
NHD expert's report |
Cal. Civ. Code § 1103.4. |
Appraisal Discrimination Addendum |
Yes |
No* |
No* |
No* |
No* |
No* |
Fair Appraisal Act Addendum (C.A.R. Form FAAA) |
Cal. Civ. Code § 1102.6g. Beginning after July 1, 2022 * See Footnote 19 |
Area of Potential Flooding1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Gov't. Code |
Broker's Statutory |
Yes* |
Yes* |
Yes* |
No |
No |
Yes |
TDS MHTDS (for personal property manufactured or mobile homes) AVID may be used (if TDS and |
Cal. Civ. Code §§ 2079et seq. *See Summary Disclosure Chart for Exemptions |
Carbon Monoxide Detector Disclosure |
Yes |
No |
No |
No |
No |
Yes |
TDS MHTDS (for personal property manufactured or mobile homes) Form WCMD is optional |
Cal. Civ. Code §§1102.6, 1102.6d. |
Carbon Monoxide Detector Compliance |
Yes* |
Yes* |
Yes* |
Yes* |
No |
Yes* |
No compliance certification required
Form WCMD is optional |
Cal.Health & Safety Code § 17926. *Installation is not a precondition of sale or transfer of the dwelling. See Summary Disclosure Chart for additional details. |
Commercial Property Owner's |
Yes2 |
No |
No |
Yes* |
Yes*/No |
No |
The Commercial Property Owner's |
Cal. Bus. & Prof. Code §10147; Cal. Gov't Code §§ 8875.6, 8875.9, 8893.2, 8893.3; Cal. Civ. Code § 2079.9. |
Common Interest Development Documents
CC&Rs, Articles of Incorp., Bylaws, Rules & Policies, Current Financial Information (Operating Budget), Assessments, Assoc. Insurance, Civil Code Section 1133 Notice (if applic. For subdividers), Enforceable Policies/Fine Structure; A copy of the minutes of the meetings if requested; estimated fee for required HOA disclosures as distinguished from other fees, fines or assessments on specified form if requested; actual charges on specified form at time documents are delivered; statement describing leasing prohibitions, if any |
Yes |
Yes |
Yes |
Yes |
No |
No (unless the owner has an ownership interest in a subdivision, cooperative or condominium for mobilehomes) |
Forms HOA-IR, HOA-RS and HOA-RN may be used to comply with statutory and contractual disclosure obligations |
|
Death (in last 3 years) |
Yes* |
Yes* |
Yes* |
Yes* |
Yes* |
No** |
TDS (if required) |
Cal.Civ. Code §1710.2. |
Discriminatory Covenants |
Yes |
Yes |
Yes |
Yes |
Yes |
No |
Sample Letter "Disclosure to Buyer (or Owner) of Discriminatory Covenants" (available prior to July 1, 2022). |
Gov. Code § 12956.2. Beginning July 1, 2022. Required when agent has actual knowledge of discriminatory covenants |
Earthquake Fault Zone1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Pub. Res. Code §§ 2621et seq.; Cal. Civ. Code §§ 1103et seq. |
Energy Use Report The disclosure obligation has been repealed effective January 1, 2016. Cal.Pub.Res. Code § 25402.10 |
No |
No |
No |
No |
Yes/No |
No |
EPA's Portfolio Manager Energy Star Report15. |
Public Resources Code 25402.10 20 California Code of Regulations §§ 1680-1684 The obligation to disclose Energy Star information to a prospective buyer or lessee has been repealed effective January 1, 2016. Cal.Pub.Res. Code § 25402.10. (AB 802) |
Farm or Ranch Proximity1 |
Yes |
No |
No |
No |
No |
Yes |
NHD expert's report |
Cal. Civ. Code § 1103.4. |
FHA/HUD Inspection Notice |
Yes* |
Yes* |
Yes* |
No |
No |
No |
HID |
HUD Mortgagee Letter 92564-CN *Required only for FHA loans or HUD-owned property by lender. |
Final inspection report including defensible space compliance If obtained, final inspection report for construction or rebuilding demonstrating compliance with building codes to be provided to buyer. |
Yes* |
No |
No |
No |
No |
Yes* |
Upon completion of construction or rebuilding, and if report was obtained, seller shall provide to buyer a final inspection report from local building official that property complies with all applicable building standards including defensible space laws. |
Cal. Civil Code § 1102.6f.(b) *Applies to property located in a Very High Fire Hazard Severity Zone. |
Fire Home Hardening Effective January 1, 2021 |
Yes* |
No |
No |
No |
No |
Yes* |
Statutory notice and questionnaire C.A.R. form Fire Hardening and Defensible Space Advisory, Disclosure and Addendum (FHDS). |
Cal. Civil Code § 1102.6f. Effective January 1, 2021 (and July 1, 2025.) |
Fire Defensible Space Compliance |
Yes* |
No |
No |
No |
No |
Yes* |
The Fire Hardening and Defensible Space Advisory, Disclosure and Addendum (FHDS) will be needed for any transaction that requires a TDS and is located in a High or Very High Fire Hazard Severity where the property will close on or after July 1, 2021. Under the revised RPA (12/21), it is no longer necessary to include the FHDS as an addendum with the original offer or counter-offer. Instead, the FHDS may be delivered during the first seven days after the purchase agreement is entered into as a typical disclosure. However, the buyer would still be required to agree to agree to its terms, failing which, the seller may cancel the agreement after delivering a Notice to Buyer to Perform. See footnote 18. |
Cal. Civil Code § 1102.19. *Applies to property located in a High or Very High Fire Hazard Severity Zone. "See the Q&A Defensible Space Law." |
FIRPTA (Federal Tax Withholding) |
Yes* |
Yes* |
Yes* |
Yes* |
Yes* |
No |
AS may be used (applies to both federal and California Tax Withholding). AB may be used (applies only to federal withholding). |
Cal. Rev. & Tax Code §§ 18662, 18668; 26 U.S.C. §1445. *If seller eligible, AS or other form required to avoid withholding by escrow. |
Flipper Repairs and Contractors |
Yes |
No3 |
No |
No |
No |
Yes* |
Under consideration to be included within the SPQ |
Cal. Civ. Code §§ 1102.6h |
Flood Disaster Insurance Requirements |
Yes |
Yes |
Yes |
Yes |
Yes5 |
Yes |
42 U.S.C. § 5154a. |
|
Gas and Hazardous Liquid Transmission Pipeline Notice |
Yes* |
Yes* |
Yes* |
No |
No |
No |
"Gas and Hazardous Transmission Pipeline" already included in disclosure section of C.A.R. contracts |
Cal. Civ. Code § 2079.10.5. * Applies only to single-family properties |
Groundwater Basin Comprehensive Notice (if received) |
Yes |
Yes* |
Yes* |
Yes* |
Yes* |
No |
Attach notice to TDS or if TDS-exempt, provide notice separately |
Cal. Code of Civil Procedure § 836(f). General duty to disclose. See Material Facts. |
Hazardous Substances, release of,17 |
No |
No |
No |
No |
Yes |
No |
Health & Saf. Code §25359.7 |
|
Home Energy Rating System (HERS)Booklet (Optional Disclosure4-- Booklet Now Available) |
No |
No |
No |
No |
No |
No |
Home Energy Rating System (HERS) Booklet (part of Combined Hazards Booklet) |
Cal. Civ. Code § 2079.10; Cal. Pub. Res. Code §§ 25402.9, 25942. |
Homeowner's Guide to Earthquake Safety |
Yes* |
No |
No |
No |
No |
No6 |
The Homeowner's Guide to Earthquake |
Cal. Bus. & Prof. Code § 10149; Cal. Gov't Code §§ 8897.1, 8897.5; Cal. Civ. Code § 2079.8. |
Industrial Use Zone Location |
Yes |
No3 |
No |
No |
No |
No |
SPQ may be used (or ESD if TDS exempt) |
Cal. Civ. Code § 1102.17; Cal. Code of Civ. Proc. § 731a. |
Lead-Based Paint Pamphlet and Form |
Yes* |
Yes* |
Yes*/No |
Yes* |
No |
Yes |
Pamphlet: Protect Form: LPD |
42 U.S.C.S. § 4852d; 40 CFR Part 745. *Applies only to residential property built before 1978. See the Summary Disclosure Chart for exemptions. |
Material Facts8 |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
TDS or MHTDS The ESD or SPQ is required contractually by the RPA-CA depending on whether the transaction is TDS exempt. If a TDS is required, then an SPQ is also required. IF the transaction is TDS exempt, then the ESD is required. For commercial property under the CPA, use of the CSPQ is contractually required. For vacant land under the VLPA, use of the VLQ is contractually required. For agricultural properties with improvements, the SALSQ is contractually required under the terms of the Agricultural Addendum. For residential income property using the RIPA, the SPQ is contractually required for residential 1 to 4 units. If 5+ units, then the CSPQ is contractually required. |
Case law; Cal. Civ. Code §§ 2079et seq. |
Megan's |
Yes |
Yes |
Yes |
No |
No |
No |
"Database Disclosure" section of C.A.R. contracts |
Cal. Civ. Code § 2079.10a. |
Mello-Roos, 1915 Bond Act Assessments9,and voluntary contractual assessment. |
Yes |
No3 |
No |
No |
No |
No |
Cal. Civ. Code |
|
MethLab Clean-Up Order (Release of Illegal Controlled Substance Remediation Order) |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes* |
TDS (if required) (question II.C.1) SPQ or MCN may be used (or ESD if TDS exempt) |
Cal.Health & Safety Code |
Military Ordnance Location |
Yes |
No3 |
No |
No |
No |
No |
SPQ may be used (or ESD if TDS exempt) |
Cal. Civ. Code § 1102.15. |
Mining Operations1 |
Yes |
No |
No |
No |
No |
Yes |
NHD expert's report |
Cal. Civ. Code § 1103.4 |
Mold |
No |
No |
No |
No |
No/No |
No |
RGM may be used (optional). |
Cal. |
Natural Hazard Disclosure Statement |
Yes |
No |
No |
No |
No |
Yes |
The form NHD has been discontinued in the C.A.R. forms library. The statutory Natural Hazard Disclosure Statement which is provided as part of the third party NHD private report fulfills the statutory requirement. |
Cal. Civ. Code §§ 1103et seq. |
Pest Control Inspection Report and Certification |
Yes* |
Yes* |
Yes* |
Yes* |
Yes*/No |
No |
Cal. Civ. Code § 1099. *Seller or Seller’s agent must deliver inspection report and subsequent certification (of work completed) to Buyer only if required by contract or the Buyer’s lender. |
|
Private Transfer Fee |
Yes |
No3 |
No |
No |
No |
No |
NTF may be used |
Cal. Civ. Code § 1102.6e. |
Residential Environmental Hazards Booklet |
No |
No |
No |
No |
No |
No |
Residential Environmental Hazards: A Guide for Homeowners, Buyers, Landlords |
Cal. Civ. Code § 2079.7. |
Seismic |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Pub. Res. Code § 2694; Cal. Civ. Code §§ 1103et seq. |
Smoke Detectors |
Yes |
Yes16 |
Yes/Yes16 |
Yes |
No**/No |
Yes |
Cal. Health & Safety Code §§ 13113.7, 13113.8, 18029.6. **Yes, if there is a "dwelling unit" on the commercial or industrial property |
|
Smoke Detector Written Statement of Compliance |
Yes* |
No |
Yes*/No |
No |
No |
Yes*** |
TDS (now contains statement of compliance) WHSD may be used for real property when no TDS ***HCD Declaration for mobilehomes and manufactured homes (MHTDS also contains statement of compliance) |
Cal. Health & Safety Code §§ 13113.8, 18029.6; 25 Cal. Code Regs. § 5545. |
Special Flood Hazard Area1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Gov't Code § 8589.3; Cal. Civ. Code §§ 1103et seq. |
State Responsibility Area (Fire Hazard Area)1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Pub. Res. Code §§ 4125, 4136; Cal. Civ. Code §§ 1103et seq. |
Supplemental Property Tax Notice |
Yes |
No3 |
No |
No |
No |
No |
SPT (or SBSA may be used) |
Cal. Civ. Code § 1102.6c. |
Transfer Disclosure Statement |
Yes |
No3 |
No |
No |
No |
Yes* |
TDS (for MHTDS (for personal property manufactured or mobile homes) |
Cal. Civ. Code §§ 1102et seq. |
Very High Fire |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
NHD (if form required) |
Cal. Gov't. Code § 51183.5; Cal. Civ. Code §§ 1103et seq. |
Water Conserving Fixtures Compliance Required by virtue of ownership, but not a point of sale requirement |
Yes* |
Yes* |
Yes* |
Yes* |
No/Yes* |
No |
Cal. Civ. Code §§ 1101.4(b), 1101.5(a) (d). * Not a point of sale requirement *Applies only to real property built on or before Jan. 1, 1994; See the Summary Disclosure Chart for exemptions. |
|
Water Conserving Fixtures Disclosure |
Yes* |
Yes* |
Yes* |
Yes* |
No/Yes* |
No |
C.A.R. Forms TDS and SPQ should be used, or the ESD if the property is TDS-exempt. C.A.R. Form WCMD is optional. |
Cal. Civ. Code §§ 1101.4(c), 1101.5(e), 1102.155. *Applies only to real property built on or before Jan. 1, 1994 See the Summary Disclosure Chart for exemptions. |
Water |
Yes |
Yes |
Yes |
Yes |
No/Maybe12 |
Yes13 |
Cal. Health & Safety Code §§ 19211, 18031.7. |
|
Water |
Yes |
Yes |
Yes |
Yes |
No/Maybe12 |
Yes*** |
TDS (now contains statement of compliance) WHSD may be used for real property if no TDS ***HCD Declaration for mobilehomes and manufactured homes |
Cal. Health & Safety Code §§ 19211, 18031.7; |
Window Security Bars |
Yes |
No |
No |
No |
No |
Yes |
TDS (for real property) MHTDS (for personal property manufactured or mobilehomes) |
Cal. Civ. Code §1102.16. |
ENDNOTES
This chart is just one of the many legal publications and services offered by C.A.R. to its members. For a complete listing of C.A.R.'s legal products and services, please visit C.A.R. Member Legal Services.
Readers who require specific advice should consult an attorney. C.A.R. members requiring legal assistance may contact C.A.R.'s Member Legal Hotline at (213) 739-8282, Monday through Friday, 9 a.m. to 6 p.m. and Saturday, 10 a.m. to 2 p.m.
C.A.R. members who are broker-owners, office managers, or Designated REALTORS® may contact the Member Legal Hotline at (213) 739-8350 to receive expedited service. Members may also submit online requests to speak with an attorney on the Member Legal Hotline by going to http://www.car.org/legal/legal-hotline-access/. Written correspondence should be addressed to:
CALIFORNIA ASSOCIATION OF REALTORS®
Member Legal Services
525 South Virgil Avenue
Los Angeles, CA 90020
Copyright© 2024 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). Permission is granted to C.A.R. members to reprint this material in hardcopy or PDF format only for personal use or with individual clients. This material may not be used or reproduced for commercial purposes. Other reproduction or use is strictly prohibited without the express written permission of the C.A.R Legal Department. All rights reserved. Revised by Robert Bloom, Esq.
The information contained herein is believed accurate as of the date above. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney.