Seller disclosures and getting ready to sell
Updated September 17, 2026. General information for sellers in the city of San Mateo, California. It is not legal or tax advice.
California asks sellers to tell buyers a lot about a home. Doing it well protects you. Buyers who learn about a problem up front can price it in. Buyers who find out after closing may have a claim against the seller. This guide covers the main state requirements for a single-family home, and simple ways to get the house ready.
Transfer Disclosure Statement
Civil Code section 1102 and the sections after it require most sellers of one-to-four-unit homes to give buyers a Transfer Disclosure Statement (TDS). On it, you report what you know about the home's condition, features and defects. The TDS is not a warranty. It is your honest account of what you know. Selling "as-is" does not remove this duty. Some sales are exempt under Civil Code section 1102.2, such as sales ordered by a probate court. Our guide to inherited homes covers that case.
Natural Hazard Disclosure Statement
Civil Code section 1103.2 sets out the Natural Hazard Disclosure Statement. It tells buyers whether the home is in certain mapped hazard areas, including:
- a special flood hazard area mapped by FEMA,
- an area that could flood if a dam fails,
- a very high fire hazard severity zone,
- a wildland area with a substantial forest fire risk,
- an earthquake fault zone,
- a seismic hazard zone.
Most sellers hire a disclosure company to check the maps and prepare a report. The statement is a disclosure, not a prediction. It tells buyers what the maps show.
Smoke alarms
Health and Safety Code section 13113.8 says every single-family home that is sold must have an operable smoke alarm, installed according to State Fire Marshal rules. The seller must give the buyer a written statement that the home complies. That statement can be part of the purchase paperwork or a separate document.
Carbon monoxide alarms
Health and Safety Code section 17926 requires owners to install carbon monoxide devices approved by the State Fire Marshal. This applies to homes with a fuel-burning heater or appliance, a fireplace, or an attached garage. Placement follows the building standards for new construction or the manufacturer's instructions.
Water heater bracing
Health and Safety Code section 19211 requires residential water heaters to be braced, anchored or strapped against earthquake motion. The seller must certify in writing that this has been done. The certification can go in the TDS or the purchase contract. A strapping kit is inexpensive, so check this early.
Water-conserving plumbing fixtures
Civil Code section 1101.4 required owners of single-family homes to replace noncompliant plumbing fixtures with water-conserving ones by January 1, 2017. When you sell, you must tell the buyer in writing about this requirement, and whether the home still has any noncompliant fixtures.
Lead-based paint in older homes
For homes built before 1978, federal law requires sellers to disclose any known lead-based paint or lead hazards. You must also give buyers any reports you have and a lead hazard information pamphlet. The U.S. Environmental Protection Agency explains the rule and gives the forms.
Other things to tell buyers
Beyond the forms, disclose anything you know that could affect the home's value or desirability. Examples include past leaks, drainage problems, work done without permits, and disputes with neighbors. When in doubt, disclose it. Your agent will also give you other state and local forms that apply to your sale.
Getting the home ready
- Start with the required items. Test the smoke and carbon monoxide alarms, and strap the water heater.
- Collect your records. Gather permits, repair invoices, warranties, and any past inspection reports.
- Consider a pre-listing inspection. Knowing about problems early lets you fix them or disclose them before buyers find them.
- Fix small things. Leaky faucets, sticking doors and burned-out bulbs make buyers wonder what else was skipped.
- Clean and clear. Less clutter makes rooms look larger and photos look better.
- Ask before remodeling. Big projects often don't pay back. Your agent can tell you which fixes buyers in your part of San Mateo care about.
Thinking about selling? Ask for a free home value estimate. A licensed San Mateo agent replies by email, and there is no obligation.
Sources
- California Civil Code section 1102: disclosures on transfer of residential property
- California Civil Code section 1103.2: Natural Hazard Disclosure Statement
- California Health and Safety Code section 13113.8: smoke alarms at sale
- California Health and Safety Code section 17926: carbon monoxide devices
- California Health and Safety Code section 19211: water heater bracing
- California Civil Code section 1101.4: water-conserving plumbing fixtures
- U.S. EPA: Real estate disclosures about lead-based paint
Laws and amounts change. Check the sources above, and talk to an attorney or tax advisor about your own situation.