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Is There a Disclosure Form If I Sell By Owner in California?

Rupi Azrot
May 11, 2025
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If you’re thinking about selling your home yourself in California, you might be wondering:
Do I still have to fill out disclosure forms even if I’m not using a real estate agent?

The short answer is yes.
Even when you sell privately — as a FSBO (For Sale By Owner) — California law still requires sellers to give buyers certain disclosures. This protects both sides, and skipping it can lead to serious consequences later.

Let’s walk through what a disclosure form is, why it’s required in California, and how you can handle it easily when selling your house without an agent.

What Is a Disclosure Form?

A disclosure form is a document where the seller shares important facts about the property with the buyer. This usually includes anything that could affect the value, safety, or desirability of the home.

You’re not expected to know everything. But if you do know something important about the home — like a roof leak or plumbing issue — the law says you have to disclose it in writing.

Are California Sellers Required to Disclose If Selling By Owner?

Yes. One hundred percent.

According to California Civil Code §1102, any person selling a residential property (1 to 4 units) must provide the buyer with specific disclosures — no matter if an agent is involved or not.

It doesn’t matter if you’re selling to a friend, to a neighbor, or to a complete stranger through a flat-fee listing. If you’re the owner, you’re still on the hook for full disclosure.

And if you skip it?

That could open you up to lawsuits, fines, or the buyer canceling the sale after you’re in contract. So yeah, it's kind of a big deal.

Main Disclosure Forms Required in California FSBO Sales

Here are the most common disclosure forms FSBO sellers in California need to provide:

1. Transfer Disclosure Statement (TDS)

The TDS is the most important form. It covers the condition of your home — including major systems, features, and any known issues.

You’ll need to disclose things like:

  • Plumbing or electrical problems
  • Additions made without permits
  • Past flooding or fire damage
  • Noise issues or neighborhood nuisances

Even if something was repaired, if you knew about it, you still need to disclose it.

Failure to provide this form can allow the buyer to cancel the contract — even after closing.

2. Natural Hazard Disclosure (NHD)

This form tells the buyer whether the home is located in a:

  • Flood hazard area
  • Earthquake fault zone
  • Fire hazard severity zone
  • Or other government-mapped area

Most FSBO sellers order a professional NHD report from a third-party provider (about $50–$100), then attach it to their disclosure packet.

3. Lead-Based Paint Disclosure (if home was built before 1978)

Federal law requires this form for any home built before 1978. Even if you don’t know whether there’s lead-based paint, the form still must be provided.

4. Other Situational Disclosures

Depending on your home and location, you may also need to include:

  • HOA disclosures (if your property is in a homeowners’ association)
  • Mello-Roos or Special Tax disclosures
  • Death on Property Disclosure (if someone died on the property in the last 3 years)

Not every FSBO seller will need all of these — but you do need to know which ones apply to your home.

What Happens If You Skip Disclosures?

Skipping disclosures in California is risky. Really risky.

According to the California Department of Real Estate, disclosure-related disputes are among the top 3 reasons for post-sale lawsuits. These disputes can lead to:

  • The buyer backing out of the deal
  • Legal action and financial damages
  • Court-ordered rescission of the sale

Most of the time, lawsuits happen not because a seller intentionally lied — but because they simply failed to disclose something they thought wasn’t important.

In disclosure, more is better than less. If you’re unsure about something, disclose it.

How FSBO Sellers Can Handle Disclosures Easily

Just because you’re not working with an agent doesn’t mean you’re alone.
Platforms like ListLean help FSBO sellers navigate required disclosures by giving you access to the right tools — and making sure you’re staying compliant.

When you list through ListLean, you’ll know:

  • Exactly which forms apply to your property
  • Where to download or generate them
  • What order to send them to buyers
  • When to consult a transaction coordinator if needed

We don’t just help you list. We help you close correctly — and avoid legal headaches later.

Final Thoughts

So… is there a disclosure form if you sell by owner in California?

Yes. And there’s more than one.

Just because you’re skipping the listing agent doesn’t mean you can skip compliance. The good news is — it’s manageable, and you don’t need to figure it out all on your own.

By using ListLean, you can keep your FSBO listing legal, professional, and protected. You keep control, avoid agent commission, and still meet California’s disclosure laws.

Want to sell your home yourself without risking mistakes?
Check out our flat fee MLS plans and get the tools to list smarter, stay compliant, and keep more of your equity.

Selling a home FSBO (For Sale By Owner) can be an attractive option for homeowners looking to save on realtor commissions and retain control over the selling process. However, navigating the complexities of a real estate transaction without professional guidance can be challenging. To help you avoid common pitfalls and achieve a successful sale, let's explore some of the top FSBO mistakes to avoid when selling your home.

1. Pricing it Wrong:

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2. Neglecting Legal Requirements:

Selling a home involves adhering to various legal requirements and disclosures. Failure to comply with state and local regulations can lead to legal issues and jeopardize the sale. Make sure you familiarize yourself with California's real estate laws, including disclosure requirements, contract terms, and any local ordinances that may affect the sale of your home.

3. Poor Marketing Strategy:

Effective marketing is essential for attracting potential buyers and generating interest in your property. Many FSBO sellers make the mistake of neglecting marketing efforts or relying solely on traditional methods such as yard signs and classified ads. Take advantage of online platforms, social media channels, and professional photography to showcase your home to a wider audience and maximize its exposure.

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FAQs

Frequently asked questions

What is the MLS?

The Multiple Listing Service, or MLS, is a database used by real estate brokers to share information about properties for sale by sellers they represent to brokers who represent potential buyers.

What is a Flat Fee MLS listing?

A Flat Fee MLS listing is a service that allows homeowners like you to list their property on the local MLS for a flat fee rather than paying a traditional real estate agent's commission, which is typically a percentage of the sale price.

How does a Flat Fee MLS listing work?

You pay a one-time fee to have your property listed on the MLS database. This fee usually covers the cost of listing your property on the MLS for a specified period, often ranging from 6 months to a year. You retain the right to sell your home FSBO and handle the selling process yourself.

Why can’t I edit my Zillow listing after my property goes live on the MLS?

Once your home is listed on the MLS, websites like Zillow, Redfin, and Realtor.com automatically pull your listing data directly from the MLS.

Because of this MLS connection, Zillow removes homeowner editing access to avoid conflicting information online. This is a Zillow policy that applies to any home listed through the MLS — regardless of which agent or company lists it.

You can read Zillow's official policy here:
https://www.zillow.com/c/about-linking-and-claiming-listings/

Am I signing a listing agreement with ListLean?

No, you are not signing a traditional listing agreement with us. ListLean does not represent you as an agent. Instead, you are signing an MLS Entry Agreement, which is required to list your property on the MLS while staying compliant with board and MLS regulations. This agreement allows us to post your listing but does not establish an agent-client relationship. You still remain a For Sale By Owner (FSBO) seller, maintaining full control over your sale.

Do I need to provide photos and descriptions for my listing?

Yes. Try to provide high-quality photos and a detailed description of your property for the MLS listing. Remember, you want to get the best price for your home, so clear, well-lit photos and an accurate (non-puffed) description will go a long way towards generating interest for your house. We offer professional photography for an extra $250 because we know first impressions are the only ones that matter online in the age of swiping left.

Can I change the listing price or details after it's posted on the MLS?

Absolutely! Just email us anytime at team@listlean.com for any updates, changes, or open house requests.

For Open Houses, please send us:

  • Property Address (in the email subject line)
  • Open House Day(s)
  • Start & End Time

We ask for at least 48 hours’ notice so we can update the MLS properly. Once updated, Zillow and other websites will reflect those changes automatically within 24-48 hours.

How do showings and negotiations work with a Flat Fee MLS listing?

As the FSBO homeowner, you'll be responsible for scheduling and conducting showings with potential buyers. When you receive offers, you'll negotiate directly with the buyer or their agent. It's advisable to seek legal counsel or hire a real estate attorney to review any offers or contracts to ensure they're in your best interest.

What happens if my property doesn't sell during the listing period?

If your property doesn't sell during the initial listing period, you may have the option to renew your Flat Fee MLS listing for an additional fee.

Is ListLean a Licensed Broker?

Absolutely. ListLean LLC operates under Offercity Brokerage Inc, holding California CalBRE #02185966. As a licensed broker, we’re authorized to list your home on local MLS databases throughout California.