Potential home buyer? Here’s what California law says you must disclose to buyers

Selling a home in California?

If you answered yes — you’ll want to look over state disclosure laws, which require you to let buyers know of relevant information related to the property, also known as material facts.

Transfer Disclosure Statements are provided to potential buyers from the sellers. A sample of the form is available online from The State of California Department of Real Estate.

Below is a list of information that you are legally required to disclose:

What paint was used in your home?

Homes built before 1978 need to disclose if lead-based paint was used on the walls.

“The Residential Lead-Based Paint Hazard Act of 1992, also called Title X, required the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Housing and Urban Development (HUD) to develop regulations for disclosing lead-based paint hazards in homes built before 1978 that are offered for sale or lease,” according to the California Department of Public Health website.

Did someone die in your home?

Although the law requires California residents to disclose any death that’s occurred in the home within the last three years, it’s best practice for a seller to disclose anything they know about the home, a real estate agent said.

“I always advised my sellers to disclose ANY death on the property they’re aware of,” said retired Real Estate Agent Jeff Jurach in an email to The Bee, in a previously reported article. “While the law requires disclosure, it does not protect one from failure to disclose.”

Contamination

Specifically methamphetamine.

According to California’s Department of Real Estate, local health officers must assess a property after being notified from law enforcement that it could have been contaminated. If the property is contaminated the home owner needs to notify the potential buyer in writing of the property contamination and its inhabitable status.

Other disclosures

The home disclosure list is exhaustive. For the full disclosure list visit the “State of California Department of Real Estate, Disclosure in Real Property Transactions” online handbook.

Some of the disclosures outlined in the book include alerting the buyer if the property is within one mile of potential hazardous areas once used for military training or that the property is in compliance with state and local smoke detector requirements.

This story was originally published August 18, 2023 at 5:00 AM.