What do sellers have to disclose in California?

California sellers must deliver a Transfer Disclosure Statement (TDS), Natural Hazard Disclosure (NHD), lead paint disclosure (for pre-1978 homes), and all known material facts affecting value or desirability — all within 7 days of an accepted offer. Sellers in High or Very High Fire Hazard Severity Zones must also complete a Fire Hardening Disclosure (CAR Form FH) as of July 1, 2025. Many properties in Calabasas, Agoura Hills, and Woodland Hills fall within designated fire hazard zones and carry this additional requirement. Failing to disclose a known material defect can expose a seller to rescission or damages.

California sellers are often surprised by how much they're required to disclose. Unlike some states where disclosure is minimal — "buyer beware" — California holds sellers to one of the broadest disclosure standards in the country.

The good news: disclosure is not about scaring away buyers. Done correctly, it protects the seller, demonstrates good faith, and builds the kind of trust that keeps a transaction from unraveling in escrow. Here's exactly what's required, and what it means for sellers in Calabasas, Westlake Village, Agoura Hills, and Woodland Hills.

The Transfer Disclosure Statement: The Foundation of California Seller Disclosure

The Transfer Disclosure Statement, or TDS (CAR Form TDS), is mandated by California Civil Code Section 1102 for most residential sales of 1–4 units. It is the most important disclosure document a California seller completes.

The TDS requires you to disclose your actual knowledge of the property's condition. It covers:

• Structural and systems condition — roof, foundation, walls, ceilings, floors, windows, HVAC, plumbing, electrical, water heater, pool/spa, built-in appliances, smoke detectors, and carbon monoxide detectors.

• Past issues and repairs — roof leaks, water intrusion, drainage problems, settling. Whether repairs were made and whether they were permitted.

• Unpermitted work — any additions, conversions, or improvements done without a permit. Common in older Calabasas and Westlake Village homes where rooms were added or garages converted.

• Neighborhood and location factors — known noise issues, nearby freeways, odors, power lines, or anything a buyer would likely want to know.

• Legal issues — boundary disputes, easements, encroachments, property litigation, HOA violations, government notices.

• Death on the property — required if someone died on the property within the past three years (exception for AIDS-related deaths).
  

Your listing agent separately completes an Agent Visual Inspection Disclosure (AVID) — independently required by California law — documenting material facts they personally observe. The standard: disclose what you actually know. When in doubt, disclose.

The Natural Hazard Disclosure: Fire, Flood, Fault, and More

The Natural Hazard Disclosure (NHD) is a third-party report identifying whether your property sits within state-designated hazard zones: Special Flood Hazard Area, Dam Inundation Zone, Earthquake Fault Zone, Seismic Hazard Zone, and — most critically for this market — High or Very High Fire Hazard Severity Zone (FHSZ).

For sellers in Calabasas, Agoura Hills, and Woodland Hills, the fire hazard designation is the most consequential piece. A significant number of hillside, canyon, and perimeter properties in these communities are in CAL FIRE-designated High or Very High FHSZ.

The NHD is ordered by escrow from a third-party disclosure company (typically $120–$150). It's an objective determination — not based on your personal knowledge. For buyers, a fire hazard designation affects insurance options and may require the FAIR Plan. A good listing agent prepares sellers to address these questions before the first offer arrives.

The Fire Hardening Disclosure: New as of July 1, 2025

This is the disclosure most sellers in this market don't know about yet — and it directly affects a large share of homes in Calabasas, Agoura Hills, and Woodland Hills.

As of July 1, 2025, California sellers of homes in a State Responsibility Area or Very High FHSZ must complete a Fire Hardening Disclosure (CAR Form FH), disclosing the known status of 12 specific home-hardening conditions including:

• Roof covering material (fire-resistant vs. standard)

• Roof deck and eaves construction

• Exterior wall construction and siding material

• Deck and patio materials (wood vs. composite or non-combustible)

• Window glazing (single-pane vs. multi-pane)

• Vent screening (fine mesh to prevent ember intrusion)

• Garage door rating (fire-resistant or standard)

• Vegetation within defined zones (defensible space compliance)

This form does not require passing a standard — it requires disclosing the current status of each condition. If you've completed fire hardening improvements, this form documents them. If not, honest disclosure is both legally required and tactically sound — buyers will find these conditions during inspection regardless.

Lead Paint, HOA, and Other Required Disclosures

Federal Lead Paint Disclosure — Required for all homes built before 1978. Sellers must disclose any known lead-based paint, provide the EPA pamphlet, and give buyers a 10-day testing window. Many Calabasas and Westlake Village homes from the 1970s–1980s are affected.

HOA Resale Package — For properties in HOA communities — The Oaks, The Estates, Calabasas Park, Calabasas Lake, and most of Westlake Village and Agoura Hills — the seller must provide the HOA resale package: CC&Rs, bylaws, current budget, reserve study, meeting minutes, and a resale certificate. Order it the moment escrow opens — HOAs have 5–10 business days to deliver.

Mello-Roos and Special Assessments — If the property is in a Community Facilities District, the Mello-Roos obligation must be disclosed. Some newer Calabasas developments carry Mello-Roos taxes that materially affect the effective property tax rate.

Water Heater and Smoke Detector Compliance — Sellers certify at close that the water heater is properly braced, smoke detectors are in required locations, and carbon monoxide detectors are present.

What Counts as a "Material Fact" — And Why It Matters

Beyond the specific forms, California imposes a broad obligation to disclose any material fact — anything that would affect a buyer's decision to purchase or the price they'd pay. Courts have interpreted this broadly.

What happens if you don't disclose? California buyers who discover an undisclosed material defect after closing can pursue rescission of the sale, money damages, or both. "I didn't know" is not a complete defense — courts look at whether the seller should have known. Always over-disclose rather than under-disclose.

We work with sellers throughout Calabasas, Westlake Village, Agoura Hills, and Woodland Hills to prepare complete disclosure packages before listing — because it builds buyer confidence and keeps transactions from derailing in escrow. If you have questions about what your specific property requires, here's why having the right local agent before you list matters more than most sellers realize.

Frequently Asked Questions

What does a California seller have to disclose?

California sellers must deliver a TDS, NHD, lead paint disclosure (pre-1978 homes), and all known material facts affecting value — all within 7 days of an accepted offer. Sellers in High or Very High FHSZ must also complete a Fire Hardening Disclosure (CAR Form FH) as of July 1, 2025.

What is the Transfer Disclosure Statement in California?

Required by California Civil Code Section 1102 for most residential sales. Covers known condition of every major system and feature — roof, foundation, HVAC, plumbing, electrical, appliances — plus any water damage, unpermitted work, boundary disputes, noise, or neighborhood issues the seller is aware of.

Is my Calabasas or Woodland Hills home in a fire hazard zone?

Many properties in Calabasas, Agoura Hills, and Woodland Hills are in High or Very High FHSZ designated by CAL FIRE. The NHD report confirms your parcel's specific designation. If in a FHSZ, you must complete the Fire Hardening Disclosure covering 12 home-hardening conditions — required as of July 1, 2025.

What happens if a California seller doesn't disclose something?

Failing to disclose a known material defect can lead to rescission of the sale, damages, or both. "I didn't know" is not a complete defense if the seller should have known. Always over-disclose.

Does an agent have to disclose defects they see during a listing?

Yes. California law requires listing agents to conduct a reasonably competent visual inspection and disclose any material facts they observe — even if the seller didn't mention them — documented on the Agent's Visual Inspection Disclosure (AVID). California disclosure law is comprehensive by design — it protects buyers, and it protects sellers. The sellers who go into escrow with the fewest problems are typically the ones who disclosed thoroughly before the first showing.

Questions about what your home requires? Give us a call or text anytime at 818-468-4947 — we're happy to walk you through the numbers.