Sell in San Francisco with Meydomo

Transfer Disclosure Statement (TDS)

California law (Cal. Civ. Code §1102, et seq.) requires sellers of 1–4 unit residential properties to provide buyers with a completed Transfer Disclosure Statement. The TDS includes information about the property’s condition, known defects, and any significant repairs or alterations made. Sellers must personally complete the TDS, and listing agents cannot fill it out on the seller’s behalf.

• Cal. Civil Code §1102.6

Natural Hazard Disclosure (NHD)

Sellers in California must also give buyers a Natural Hazard Disclosure Statement if the property lies in certain hazard zones (e.g., special flood hazard area, very high fire hazard severity zone, earthquake fault/seismic hazard zone). This disclosure is usually accomplished by providing a report from a third-party NHD reporting company, as required by Cal. Civil Code §1103.

• Cal. Civil Code §1103

Other State-Mandated Disclosures

California imposes various other disclosure requirements. For example, sellers must certify compliance with smoke detector and carbon monoxide alarm installation laws (and strap water heaters). Sellers of pre-1978 homes must provide the federal lead paint disclosure and pamphlet. The sale contract must include a notice about the statewide database of registered sex offenders (Megan’s Law notice). If the property was built before 1960, the seller must give the buyer an earthquake safety guidebook. If the property is in a condominium or HOA, extensive common interest disclosure documents are required (usually provided during escrow).

• Cal. Health & Safety Code §§13113.8, 13260
• Cal. Civ. Code §§1102.6a, 1102.6e

MLS Rules (CRMLS and Others)

California’s MLS systems (e.g., CRMLS in Southern California, MLSListings in Silicon Valley) require a signed listing agreement and prompt entry of new listings. Under the Clear Cooperation policy, if a listing is publicly advertised, it must be added to the MLS within 1 business day. Most MLSs require at least one exterior photo to be uploaded (CRMLS requires a photo within 5 days of listing). Changes in status (such as an accepted offer) must be reported to the MLS in a timely manner. MLS remarks and media are reviewed to ensure no violation of Fair Housing rules or MLS advertising policies.

• CRMLS Rules & Regulations, Sec. 7.8
• NAR Clear Cooperation Policy

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)