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Disclosures
- What South Bay Sellers Must Tell A Buyer About Their Home
Under California Law, the Seller must disclose all known facts
about their home so you are fully aware of the condition of
the home. Within 7 days (or date negotiated in purchase agreement)
from acceptance of the contract, the Seller must deliver the
following information for you to review and approve before
proceeding with your purchase:
1. Transfer Disclosure Statement (TDS)
The Seller must reveal any information that would be important
to the Buyer regarding condition of the property, and states
that – to the Seller’s knowledge – everything
pertinent has been disclosed.
2.
Natural Hazards Disclosure (NHD)
The Seller must disclose to Buyers if the property is in any
certain officially mapped natural hazard zone: earthquake
fault zone, seismic hazard zone, flood hazard area, state-responsibility
fire area, area subject to flooding or dam failure, and very
high fire hazard severity zone.
3.
Condominium/Planned Unit Development Disclosure
The Seller must disclose whether the property is a condominium
or is located in a planned unit development or other common
interest subdivision.
4.
Geological Hazards and Special Studies Zones Report
The Seller must provide a copy of the ‘Homeowner’s
Guide to Earthquake Safety' for any dwelling built prior to
1960 which are of conventional light-frame construction, and
any masonry building with wood-frame floors or roofs built
before 1975.
5.
Mello-Roos Disclosure
The Seller of a property consisting of a one-to-four dwelling
unit subject to the lien of a Mello-Roos community facilities
district must make a good faith effort to obtain from the
district a disclosure notice concerning the special tax and
give the notice to the Buyer.
6.
Lead-based Paint Disclosure Statement
Applicable only for properties built before 1978. The Seller
must disclose all known lead-based paint and lead-based paint
hazards in the dwelling and provide the Buyer with any available
reports. Sellers must give Buyers a 10-day opportunity to
test for lead.
7.
Environmental Hazard Disclosure
The Seller must disclose whether they aware of the presence
of hazardous substances, materials or products including –
but not limited to – asbestos, formaldehyde, radon gas,
lead-based paint, fuel or chemical storage tanks, contaminated
soil, water, or mold.
8.
Smoke Detector Compliance Statement
The Seller must provide the Buyer with a written statement
representing that the property is in compliance with Californialaw
regarding smoke detectors. The state building code mandates
that all existing dwelling units must have a smoke detector
installed in a central location outside each sleeping area.
9.
Water Heater Statement of Compliance
The Seller must certify, in writing, to the Buyer that all
water heaters have been braced, anchored or strapped in accordance
with local requirements to resist falling in an earthquake.
10.
Preliminary title report
An examination of the public land records to determine the
extent to which someone has legal interest in a parcel; a
report on the quality of the title that searches for encumbrances
and liens or any other items of record that might affect ownership;
used as a basis for title insurance.
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