COMMONLY ASKED QUESTIONS ABOUT SELLER DISCLOSURES

Q: What is a seller disclosure in California?

A: In California, a seller disclosure is a document that contains information about the condition of the property being sold. It is required by law for the seller to disclose any known defects or problems with the property to potential buyers.

Q: What types of issues must be disclosed on a seller disclosure in California?

A: California law requires sellers to disclose any known defects or problems with the property, including but not limited to issues related to:

  • Structural integrity

  • Plumbing

  • Electrical systems

  • Heating and cooling systems

  • Roofing

  • Environmental hazards, such as mold or asbestos

  • Pest infestations

Q: Is the seller disclosure required for all types of property in California?

A: No, the seller disclosure is only required for residential property. It is not required for commercial property or vacant land.

Q: Who is responsible for completing the seller disclosure in California?

A: The seller is responsible for completing and providing the seller disclosure to potential buyers.

Q: When must the seller disclosure be provided to potential buyers?

A: The seller disclosure must be provided to potential buyers before the purchase contract is signed.

Q: Can a seller choose not to disclose certain information on the seller disclosure?

A: No, the seller is required by law to disclose all known defects or problems with the property. Failure to disclose known issues can result in legal action.

Q: Are there any penalties for failing to disclose known issues on a seller disclosure in California?

A: Yes, failure to disclose known issues can result in legal action and potential financial penalties for the seller.

Q: If the buyer discovers a problem with the property after purchase, can they take legal action against the seller?

A: Yes, if the buyer discovers a problem with the property that was not disclosed on the seller's disclosure, they may be able to take legal action against the seller.

Q: How can a seller protect themselves from potential legal action related to seller disclosures in California?

A: The best way for a seller to protect themselves is to disclose all known defects or problems with the property on the seller disclosure, and to provide accurate and complete information. Additionally, it is advisable to consult with a real estate attorney before listing a property for sale.