If you are thinking about selling your home yourself in California, you might be wondering something really important.
Do I still have to fill out disclosure forms even if I do not have a real estate agent?
The short answer is yes.
Even when you sell your home privately as a FSBO (For Sale By Owner), California law requires sellers to give buyers certain disclosures.
It does not matter if you have a listing agent, if you are selling to a family member, or if you already have a buyer lined up.
Disclosures protect buyers, but they also protect you.
Let’s walk through what a disclosure form is, why it is required in California, and how you can handle it easily when selling your house yourself.
What Is a Disclosure Form?
A disclosure form is simply a document where you, the seller, share important facts about the property with the buyer.
It usually includes anything that might affect the value, safety, or desirability of the home.
Think of it like this.
You are telling the buyer everything you know about the home’s condition so they can make an informed decision.
It is about honesty and transparency, not trying to scare people away.
Are California Sellers Required to Disclose If Selling By Owner?
Yes, absolutely.
California has some of the strictest real estate disclosure laws in the country.
It does not matter if you are selling through an agent or on your own.
If you are selling a residential property with one to four units, you must complete and provide disclosure forms under California Civil Code sections 1102 and 1103.
Skipping disclosures is not just risky, it can actually lead to major legal trouble.
Buyers who do not get proper disclosures can sue for damages, cancel the sale, or even come after you years later.
It’s not worth the risk.
Main Disclosure Forms You Need When Selling By Owner in California
Here are the key disclosure documents most FSBO sellers must provide:
1. Transfer Disclosure Statement (TDS)
This is the big one.
The Transfer Disclosure Statement asks about the condition of your home.
It covers things like:
- Structural problems
- Plumbing, electrical, and heating issues
- Known repairs or damages
- Any renovations done without permits
- Neighborhood nuisances like noise or smells
Even if you think everything is obvious, you still have to disclose.
Important:
According to the California Association of Realtors, sellers who fail to provide a TDS may allow the buyer to cancel the purchase even after closing.
2. Natural Hazard Disclosure (NHD)
California law requires sellers to inform buyers if the property is located in:
- Earthquake fault zones
- Flood hazard areas
- Very high fire hazard zones
- Wildland fire areas
An NHD report is typically ordered through a third-party company. It summarizes all the hazard zones your property falls into based on official maps.
It costs around fifty to one hundred dollars depending on the provider.
Most sellers order this early in the listing process.
3. Lead-Based Paint Disclosure (If Built Before 1978)
If your home was built before 1978, federal law says you must provide a Lead-Based Paint Disclosure.
This form warns buyers about the potential for lead hazards from old paint, even if you are not aware of any.
4. Other Disclosures (Depending on Your Property)
Some properties may also require:
- Mello-Roos Disclosure (if your home is in a special tax district)
- HOA Disclosures (if your home is part of a homeowners association)
- Death Disclosure (if a death occurred on the property in the last three years)
Not every property needs these. But you should double-check based on where you live.
What Happens If You Skip Disclosures?
Skipping required disclosures in California can have serious consequences:
- The buyer can cancel the sale before closing
- The buyer can sue you for fraud or misrepresentation after closing
- Courts can award damages, attorney fees, and penalties
According to a 2023 report from the California Department of Real Estate, disclosure-related lawsuits make up nearly 25 percent of real estate disputes in the state.
The best way to avoid legal headaches is to disclose everything you know, in writing, ahead of time.
When in doubt, disclose.
You are better off oversharing than leaving something important out.
How FSBO Sellers Can Handle Disclosures Easily
Selling your home yourself does not mean you have to figure everything out alone.
When you use a flat fee service like ListLean, you get help with all the required paperwork and disclosures.
We make sure you know which forms you need for your property type and location, so you stay compliant and protect your sale.
Our plans are built for California sellers who want the freedom of FSBO without the stress of missing something important.
Final Thoughts
If you are selling your home by owner in California, you are still legally required to provide disclosure forms to your buyer.
These forms protect both you and the buyer by making sure everything important about the property is out in the open.
It might sound overwhelming at first, but it’s really just a few key documents.
With the right tools and guidance, handling disclosures yourself is completely doable.
And once they are handled correctly, you can move forward with a clean sale and a clear conscience.
Want to sell your California home yourself without missing a step?
Explore ListLean’s flat fee plans and get everything you need to sell smart, stay protected, and keep more of your equity.
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