Home Seller Disclosures – What to Report When Selling Your Home

December 2, 2023

When it comes to home seller disclosures, what do you need to provide?

When you sell your home, you are required by law to disclose to the Buyers all material facts about your property, and about the surrounding area.

A material fact is any condition that can affect the value of the property.

Here’s a list of some home seller disclosures that we use when selling property in San Diego County.

Property-Specific Home Seller Disclosures

Your listing agent will give you some forms to complete. You should fill out all of these forms before your home is listed for sale.

There are also disclosure reports that your agent and the escrow company will order on your behalf.

Once an offer is accepted, the listing agent usually has seven days to deliver all of these disclosures to the buyer’s agent.

Here is a list of the common home seller disclosure forms. Click the name to view a sample copy:

Forms that the Seller Fills Out

There are two types of forms the Seller completes for the Buyer: comprehensive questionnaires, and general disclosure forms.

Seller Questionnaires

Transfer Disclosure Statement – Sellers use this form to list what appliances come with the home. They also note of any material facts that could affect the property’s value. In most cases, the Transfer Disclosure Statement is a legal requirement, that the buyer cannot waive. In addition to the statutory obligation to fill out the form, a seller also has a contractual obligation to answer all the questions. Accuracy is important. If sellers make changes to it after the buyers have already reviewed it, the buyers may be entitled to cancel the contract. This form also includes a disclosure regarding safety requirements. All homes must have adequate water heater bracing, in addition to functioning smoke and carbon monoxide detectors.
Seller Property Questionnaire – Similar to the Transfer Disclosure Statement, the Seller Property Questionnaire is a place for the sellers to reveal facts and potential issues, also called “material or significant items,” about the property. Sellers need to report if there has been an occupant’s death on the property in the past three years. Sellers are need to provide any reports, inspections, disclosures, warranties, maintenance recommendations, estimates, studies, surveys, or other documents pertaining to the condition or repair of the property.

General Seller Disclosure Forms

Statewide Buyer and Seller Advisory – The Statewide Buyer and Seller Advisory reminds buyers and sellers of the importance of investigating a property for sale. It lists many aspects to consider, such as soil conditions, geologic hazards, environmental hazards, mold, water intrusion, fire hazards, building permits, and HOA rules.
Water-Conserving Plumbing Fixtures and Carbon Monoxide Detector Notice – This notice informs buyers and sellers that all homes with any fossil fuel burning appliances (and/or an attached garage) must have functioning carbon monoxide detectors. These CO detectors belong in common areas on each floor of the property. The disclosure also outlines the requirement that all plumbing fixtures must be water-conserving.
Lead-Based Paint and Lead-Based Paint Hazards – This disclosure is for homes built before 1978, when people still used lead-based paint.

Property Reports

Property-specific reports provide additional information to Buyers about the property and surrounding area. When financing a property, the lender may also review these reports.

Natural Hazard Disclosure Report – This report lists specific hazards for the property and surrounding areas. It includes natural hazard zones for fire, flood, earthquakes, and landslides. It also contains a map of any nearby environmental hazard sites, such as pipelines and landfills. The natural hazard disclosure also includes a tax report, which specifies any assessments, such as Mello-Roos fees, a summary of the current property tax bill, and a future tax estimator. (Read more about Property Tax Calculation.) The report costs approximately $100.
Preliminary Title Report – The title company orders this report. The “prelim” checks for any claims to the property, such as liens and mortgages. The Seller needs to satisfy these claims before selling. The title report will also note any easements and property restrictions, such as HOA rules.
HOA documentation – Sellers need to disclose if the property is in a planned unit development. If there is a homeowners association (HOA), sellers must provide some specific disclosures to the buyer. These include the latest covenants, conditions, and restrictions (CC&Rs), by-laws, articles of incorporation, budget (both current & previous year’s), Statement of Financial Condition (both current and previous year’s), Fidelity Bond or Evidence of Employee Dishonesty Insurance Coverage, minutes from last 12 months of meetings, master insurance policy, notice of pending litigation (if applicable), owner occupancy ratio, and any rules and regulations. HOAs usually charge between $400-$600 for the disclosure package.

General Home Seller Disclosure Booklets

Buyers and Sellers also need to acknowledge receipt for general disclosures about the area. Click the names to access these general home seller disclosures:

The Bottom Line

Sellers must disclose any material facts when selling a property. Your listing agent will guide you through the completion of forms. They will also order any additional reports for you.

Electronic Signatures – In the past, all the disclosures were in hard copy form, and signed with a pen. Today, we have electronic document signing technology. Electronic signing conserves time and resources. You simply check your e-mail, click on a link to read the forms, and then click your signature.

Thinking about selling your home? You can read more about the Cost to Sell a Home. You can also read about how I prepare your home to be listed in the MLS.

Questions about selling your home? Contact me anytime.