Catherine Sawatsky | November 13, 2026
Home Selling Guides
Selling a home involves more than choosing an asking price, preparing the property, and finding the right buyer. In California, sellers also have important disclosure responsibilities that help buyers understand the property's condition, history, and potential concerns.
For homeowners in Fresno and Clovis, this means answering questions about known repairs, past water damage, roof issues, remodeling, neighborhood conditions, and other details that could affect a buyer's decision.
Disclosure paperwork may seem overwhelming at first, but understanding the purpose of each document can make the process much easier.
Here's what California home sellers should know before putting their property on the market.
Seller disclosures are written statements and supporting documents that provide buyers with information about a property's known condition, history, and other relevant characteristics.
The purpose is to help buyers make informed decisions before completing a purchase.
California law requires many residential property sellers to disclose known material facts and certain specific information about the property. The exact forms and requirements depend on the type of property and transaction.
A material fact is generally information that could affect a buyer's decision to purchase the home or the terms of the transaction.
Examples may include:
The important distinction is that sellers are generally expected to disclose what they actually know, not guarantee that every part of the property is free from defects.
One of the most important documents in many California residential sales is the Real Estate Transfer Disclosure Statement, commonly called the TDS.
Under California Civil Code Section 1102, the TDS is generally required for covered residential transfers involving one-to-four-unit properties, subject to statutory exemptions.
The form asks sellers to provide information about the property's condition and features.
It typically covers:
Property systems and components: Sellers identify items such as heating, electrical systems, plumbing, roof conditions, and other features.
Known defects and malfunctions: Sellers are asked about problems they know exist, including issues affecting the home's structure or major systems.
Past or present concerns: The form asks about certain conditions that may affect the property, such as flooding, drainage, or other known problems.
Additional explanations: Sellers can provide details about items that need clarification rather than relying only on a yes-or-no response.
The TDS also includes sections for the real estate agents involved in the transaction to complete based on their respective disclosure obligations.
Remember, the TDS is not a warranty and does not replace professional inspections. Its purpose is to communicate known information, not certify that the property is in perfect condition.
You can review the statutory disclosure requirements and form in the California Department of Real Estate's 2026 Real Estate Law Excerpts.
Another document commonly used in California transactions is the Seller Property Questionnaire, or SPQ.
Unlike the TDS, the SPQ is not a separate statutory form required in every transaction. It is a commonly used real estate disclosure form that asks sellers additional questions about the property's history and circumstances.
Depending on the version used, questions may address:
The SPQ is especially helpful when a seller needs to provide more context than the TDS allows.
For example, checking that the roof has experienced a leak may not tell the buyer whether the problem was repaired, when the repair happened, or whether the issue returned.
Providing a clear explanation and available supporting records can help buyers better understand the property's history.
California sellers of covered residential properties generally must provide a Natural Hazard Disclosure Statement, commonly called an NHD.
This disclosure identifies whether a property is located in certain designated hazard areas based on applicable government maps.
The statutory categories include:
For Fresno and Clovis homeowners, the NHD is important because hazard classifications can vary by property location.
A property may have a different hazard profile from another home just a few streets away. Sellers should review the report for the actual property rather than making assumptions based on the general neighborhood.
An NHD report may also include additional local information, tax assessments, environmental notices, and other property-related details depending on the provider and report.
A third-party disclosure company is commonly used to prepare the report, although the legal responsibilities and required delivery of the disclosure still need to be addressed.
You can review the California Department of Real Estate's disclosure guide for more information.
Not every California home sale requires exactly the same paperwork. Depending on the property's age, features, location, and transaction circumstances, additional disclosures may be necessary.
Here are some examples Fresno-area sellers should know about.
Lead-Based Paint Disclosure
If the home was built before 1978, federal law generally requires sellers to disclose known information about lead-based paint and lead-based paint hazards, provide available records and reports, and give buyers the required EPA information pamphlet.
Buyers generally must also receive an opportunity to conduct a lead inspection or risk assessment unless the parties agree otherwise in writing or an applicable exception applies.
Water Heater and Smoke/Carbon Monoxide Safety
California has specific requirements involving water heater bracing and the presence of required smoke and carbon monoxide alarms.
Sellers should confirm that applicable safety requirements are addressed and that any required documentation or certifications are completed.
Death on the Property
California law requires disclosure of certain deaths that occurred on the property within the preceding three years, subject to statutory exceptions. The rules also address deaths related to AIDS and other protected information.
Permit and Remodeling Information
If you completed a room addition, converted a garage, remodeled a kitchen, installed solar panels, or made other significant improvements, gather available permits, plans, final inspection records, and contractor information.
Do not assume that a project was properly permitted simply because it was completed by a contractor.
HOA and Common Interest Development Documents
If your home is part of a homeowners association, additional documents may be required. These can include governing documents, financial information, budgets, assessment details, and other association records.
Solar System Disclosures
Homes with solar panels may require additional documentation about system ownership, loans, leases, power purchase agreements, warranties, and transfer requirements.
Our guide to Buying a Home With Solar Panels in Fresno explains why ownership and contract details matter when a property has a solar system.
One of the most common questions homeowners ask is whether they need to disclose a problem that has already been repaired.
In many cases, yes. A past issue may still be relevant to a buyer, particularly if it involved significant damage, recurring problems, or major repairs.
For example:
Roof leaks: If your roof leaked several years ago and was repaired, provide the relevant information and available documentation.
Water damage: Disclose known past plumbing leaks, flooding, or water intrusion, even if the affected area has since been repaired.
Foundation repairs: If the property required structural work, provide details about the repairs and any available engineering reports or warranties.
Termite treatment: Share available pest inspection reports, treatment records, and documentation of completed repairs.
Remodeling: If you updated a bathroom, added a bedroom, or converted a garage, provide accurate information about the work and any permits obtained.
A repair does not necessarily make a property less attractive. In fact, having documentation showing that an issue was professionally addressed can help buyers understand the work that was completed.
The goal is to provide accurate information rather than leave buyers to discover the property's history later.
Sellers sometimes worry about questions they cannot confidently answer.
For example, you may not know the exact age of the roof, the original date of a plumbing installation, or whether a previous owner obtained permits for an older improvement.
Do not guess or present uncertain information as fact.
If you genuinely do not know an answer, indicate that appropriately on the applicable form and provide any explanation or supporting information you have.
California law also addresses situations where required information is unknown or unavailable despite a reasonable effort to obtain it. In certain circumstances, a clearly identified, reasonable approximation based on the best available information may be permitted.
If a question involves a potentially significant issue, ask your real estate professional how it should be handled and whether additional documentation or professional advice is appropriate.
It is generally easier to organize disclosures before your home goes under contract.
Preparing early gives you time to locate records, review the questions, and clarify anything that needs additional attention.
A practical preparation timeline may look like this:
Before listing: Gather repair receipts, warranties, permits, insurance claim records, inspection reports, and other relevant documents.
During listing preparation: Work with your agent to identify the forms that may apply to your property and begin completing the required information.
After receiving an offer: Review the transaction's disclosure requirements and delivery deadlines with your agent.
During escrow: Deliver the required documents and address any additional questions or material information that comes to light.
California law has specific timing requirements for different disclosures. For many covered transfers, the TDS and NHD must be delivered within the applicable statutory timeframe. If required disclosures are delivered late or amended with material information, buyers may have certain statutory rights to terminate, depending on the circumstances and delivery method.
Your purchase agreement may also establish separate deadlines and procedures. Follow the applicable contract and legal requirements rather than relying on a general timeline.
For a closer look at what happens after a seller accepts an offer, read our guide to What Does Pending Really Mean? Understanding the Fresno Escrow Process Step-by-Step.
Even homeowners who have lived in their property for years can overlook important details when completing disclosure paperwork.
Here are a few mistakes to watch for:
Leaving out a repaired issue: A problem that has been fixed may still need to be disclosed if the applicable form asks about its history.
Guessing about property details: If you are unsure about a date, repair, or improvement, do not invent an answer.
Assuming the buyer will discover everything during inspection: Inspections and seller disclosures serve different purposes. One does not replace the other.
Forgetting older records: Previous insurance claims, contractor invoices, permits, and repair reports may contain useful information.
Rushing through the forms: Read each question carefully and provide explanations when needed.
Failing to update information: If a new material issue becomes known after the initial disclosures are completed, tell your agent promptly so the appropriate steps can be taken.
Being thorough at the beginning can help reduce misunderstandings and avoid unnecessary complications later.
Before listing your property, consider gathering the following:
You do not need to have every possible document to begin preparing for a sale. However, organizing what you have can make the disclosure process more efficient.
Seller disclosures are an important part of selling a home in California. They help buyers understand what they're purchasing, give sellers an opportunity to communicate what they know, and support a more transparent transaction.
For Fresno and Clovis homeowners, the best approach is to start early, answer questions honestly, gather available records, and work with an experienced real estate professional who can help organize the process.
At Sawatsky Real Estate Associates - Cygnus Estates, we guide sellers through the many details involved in preparing and marketing a home. From organizing paperwork and coordinating the listing process to managing buyer questions and navigating escrow, our goal is to help make your next move as clear and manageable as possible.
You’ve got questions and we can’t wait to answer them.
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