📋 Transfer Disclosure Statement (TDS) Requirements
California law requires sellers of residential real property (1-4 units) to provide buyers with a Transfer Disclosure Statement (TDS) disclosing all known material facts and defects that could affect the property's value or desirability. Failure to make required disclosures can result in responsabilidad for da帽os or rescisi贸n of the sale.
When TDS is Required
A Transfer Disclosure Statement is required for:
- Sales of residential property with 1-4 dwelling units
- Sales involving single-family homes, condos, and townhomes
- Most real estate transactions (with limited exceptions)
📝 Form Required
Sellers must complete the standard TDS form (c贸digo civil 1102.6) covering property condition, systems, and defects.
🔍 Material Facts
Sellers must disclose all material facts - anything that would affect a buyer's decision or the property's value.
🏠 Agent Duties
Real estate agents must conduct a visual inspecci贸n and disclose observable defects (Easton v. Strassburger).
⏰ Timing Matters
TDS must be delivered before contract signing. Buyers can rescind dentro de 3 d铆as if delivered later.
⚠ Exceptions to TDS Requirement
TDS is NOT required for:
- Tribunal-ordered sales (ejecuci贸n hipotecaria, probate, bankruptcy)
- Sales by fiduciaries (trustees, conservators)
- Sales between co-owners
- New construction never occupied
- Sales to the state or government entity
Sin embargo, even exempt sellers may be responsable for fraude or intentional concealment.
📝 Required Disclosures Under c贸digo civil 1102
The TDS form requires sellers to disclose information about the following categories:
Estatutos Clave de California
c贸digo civil Section 1102
Establishes the duty of sellers of residential property (1-4 units) to disclose material facts about the property's condition to prospective buyers.
c贸digo civil Section 1102.6
Specifies the Transfer Disclosure Statement form that sellers must complete, including questions about structural, mechanical, and other property conditions.
c贸digo civil Section 1102.6a
Requires additional disclosures including environmental hazards, Mello-Roos taxes, and supplemental property tax assessments.
c贸digo civil Section 1103
Requires Natural Hazard Disclosure Statement covering flood zones, fire hazard zones, earthquake fault zones, and other natural hazards.
TDS Disclosure Categories
| Category | Items Requiring Disclosure |
|---|---|
| Structural | Foundation, walls, roof, floors, ceilings - any defects, reparaciones, or alterations |
| Systems | Plumbing, electrical, HVAC, water heater - any problems or reparaciones |
| Water/Moisture | Water intrusion, flooding, drainage problems, moisture, mold |
| Soil/Grading | Settling, sliding, drainage issues, fill, geological hazards |
| Permits | Unpermitted additions, renovations, or reparaciones |
| Environmental | Lead paint, asbestos, mold, soil contamination, hazardous materials |
| Nuisances | Noise, odors, neighborhood problems affecting enjoyment |
| Legal | Lawsuits, HOA disputes, boundary disputes, zoning violaci贸ns |
⚠ Natural Hazard Disclosures
adem谩s de the TDS, California requires a separate Natural Hazard Disclosure Statement (NHD) for properties in certain hazard zones.
🌊 Flood Hazard Zones
▼c贸digo civil 1103(c)(1): Disclosure required if property is in:
- Special Flood Hazard Area (Zone A or V on FEMA maps)
- Area of potential flooding per dam inundation maps
Sellers must disclose flood seguro requirements and potential flood risks.
🔥 Fire Hazard Zones
▼c贸digo civil 1103(c)(2): Disclosure required if property is in:
- Very High Fire Hazard Severity Zone (state responsibility areas)
- Wildland-Urban Interface fire area
Includes disclosure of brush clearance and vegetation management requirements.
🌏 Earthquake Fault Zones
▼c贸digo civil 1103(c)(3): Disclosure required if property is in:
- Earthquake Fault Zone (Alquist-Priolo zone)
- Seismic Hazard Zone (liquefaction or landslide potential)
May require additional geological reports and disclosures.
🌃 Other Environmental Hazards
▼Additional disclosures may be required for:
- Airport influence areas (noise, safety)
- Former military ordnance locations
- Commercial/industrial zoning within 1 mile
- Farming operations within 1 mile
- Mining operations proximity
💡 NHD Reports
Most sellers purchase a Natural Hazard Disclosure (NHD) report from a third-party company. These reports research public records and maps to determine which hazard zones apply to the property. falta de proporcionar an accurate NHD can result in responsabilidad.
🏗 Common Confidencialidad Violaci贸ns
These are the most common disclosure violaci贸ns that lead to buyer claims:
🏗 Foundation Problems
Failing to disclose known foundation cracks, settling, prior reparaciones, or structural engineer reports.
💧 Water Damage History
Concealing prior flooding, roof leaks, water intrusion, or mold remediaci贸n.
📜 Unpermitted Work
Failing to disclose room additions, garage conversions, or renovations done without permits.
🐛 Pest Damage
Not disclosing termite damage, infestations, or prior pest treatments and reparaciones.
Other Common Violaci贸ns
- Roof problems - Age, leaks, reparaciones, remaining lifespan
- Plumbing issues - Sewer line problems, polybutylene pipes, leaks
- Electrical defects - Aluminum wiring, panel issues, code violaci贸ns
- HVAC problems - Age, reparaciones, operational issues
- Neighbor disputes - Boundary issues, molestia demandas, HOA disputes
- Noise problems - Traffic, airport, commercial, neighbor noise
- Deaths on property - Within 3 a帽os, if asked (c贸digo civil 1710.2)
- Pending litigio - HOA lawsuits, neighbor disputes, construction defects
- Environmental contamination - Soil contamination, underground tanks, nearby hazards
⚠ Active Concealment is Fraude
If a seller actively conceals defects (painting over water stains, covering cracks, etc.), this may constitute fraude, which has enhanced remedies including potential punitive da帽os and a longer prescripci贸n.
💰 Remedies for Disclosure Violaci贸ns
Buyers who discover undisclosed defects have several potential remedies under California law:
Available Remedies
| Remedy | Descripci贸n |
|---|---|
| Da帽os | Cost of reparaciones, diminished value, consequential da帽os (temporary housing, etc.) |
| Rescisi贸n | Undo the sale - return property to seller, recover purchase price |
| Fraude Da帽os | If intentional concealment, may recover additional da帽os including punitive da帽os |
| Honorarios de Abogado | If purchase contract has abogado fee clause (most CAR forms do) |
Rescisi贸n Requirements
To rescind (undo) the sale, you generally must:
- Act promptly upon discovering the undisclosed defects
- Offer to restore the property to el vendedor in substantially similar condition
- Show material declaraci贸n falsa that would have affected your purchase decision
- Show reliance on el vendedor's representations (or silence)
💰 Da帽os Calculation
You can typically recover the greater of:
- Out-of-pocket da帽os: Cost to reparaci贸n the undisclosed defects
- Benefit of the bargain: Difference between price paid and actual value with defects known
Plus consequential da帽os like temporary housing, storage, expert fees, etc.
⏰ Prescripci贸n
3 a帽os from when you discovered or reasonably should have discovered the undisclosed defecto (Code of Civil Procedure 338(d)). For fraude claims, 3 a帽o(s) desde discovery. Do not delay in taking action once you discover problems.
🖩 Disclosure Violaci贸n Calculadora de Da帽os
Use esta calculadora interactiva para estimar los posibles da帽os en su caso. Ingrese su informaci贸n a continuaci贸n para obtener un estimado de da帽os recuperables.
📈 Desglose Estimado de Da帽os
✅ Lista de Evidencias
Gather these documents to support your disclosure violaci贸n reclamaci贸n:
📄 Disclosure Documents
- ✓ Transfer Disclosure Statement (TDS)
- ✓ Seller Property Questionnaire (SPQ)
- ✓ Natural Hazard Disclosure (NHD)
- ✓ Agent Visual Inspecci贸n Disclosure (AVID)
📜 Transaction Documents
- ✓ Purchase agreement and addenda
- ✓ Closing documents (acuerdo statement)
- ✓ Pre-purchase inspecci贸n report
- ✓ MLS listing and photos from sale
🔍 Evidencia of Defects
- ✓ Post-purchase inspecci贸n report
- ✓ Photos/videos of defects discovered
- ✓ Reparaci贸n estimates from contratistas
- ✓ Expert opinions on when defects originated
📈 Evidencia Seller Knew
- ✓ Permit records from city (prior reparaciones)
- ✓ Seguro claims on property
- ✓ Neighbor statements about issues
- ✓ Evidencia of cover-ups (fresh paint, patching)
📝 Carta de Demanda Modelo
Use this template for your TDS violaci贸n carta de demanda. Enviar via correo certificado, acuse de recibo requested.
[DATE]
[SELLER NAME]
[SELLER ADDRESS]
Re: Demand for Compensaci贸n - Transfer Disclosure Violaci贸ns
Property: [PROPERTY ADDRESS]
Dear [SELLER NAME]:
I am writing regarding the property located at [PROPERTY ADDRESS], which I purchased from you on [CLOSING DATE]. Since taking possession, I have discovered serious defects that you failed to disclose in violaci贸n of California c贸digo civil sections 1102-1102.17 and your common law duty to disclose material facts.
On the Transfer Disclosure Statement you provided, you answered "No" or failed to disclose the following material facts that you knew or should have known:
1. [Describe Defecto - e.g., "Water Intrusion and Mold"]
Your TDS indicated no knowledge of water intrusion, flooding, or moisture problems. Sin embargo, I have discovered [extensive water staining on the ceiling of the master bedroom and living room, mold growth behind the drywall, and evidencia of prior water damage reparaciones]. Evidencia indicates you knew of this condition because [the ceiling was recently painted over visible water stains, the mold remediaci贸n company found evidencia of prior treatment, neighbor confirmed you complained about roof leaks].
2. [Describe Additional Defecto]
[Continuar describing each undisclosed defecto with specific facts about what was not disclosed and evidencia of seller's knowledge]
Under California c贸digo civil section 1102 et seq., sellers of residential real property est谩n obligados a provide buyers with a Transfer Disclosure Statement disclosing all known material facts about the property's condition. Your failure to disclose the above defects constitutes:
1. Violaci贸n of c贸digo civil 1102: Failure to complete the TDS accurately and in buena fe
2. Fraude by concealment: Intentionally failing to disclose material facts you knew would affect the purchase decision
3. Negligent declaraci贸n falsa: Providing false information without reasonable grounds for believing it true
California courts have consistently held that sellers have a duty to disclose known material defects. See Lingsch v. Savage (1963) 213 Cal.App.2d 729; Shapiro v. Sutherland (1998) 64 Cal.App.4th 1534.
As a result of your disclosure violaci贸ns, I have suffered the following da帽os:
- Cost of reparaciones: $[AMOUNT]
- Expert inspecci贸n fees: $[AMOUNT]
- Temporary housing during reparaciones: $[AMOUNT]
- [Other da帽os]: $[AMOUNT]
TOTAL DAMAGES: $[TOTAL]
I hereby demand payment of $[TOTAL] within [30 DAYS] of the date of this letter. If I do not receive full payment by this deadline, I will pursue all available legal remedies, including filing a demanda judicial seeking da帽os, abogado fees as provided in our purchase agreement, and potentially rescisi贸n of the entire transaction.
Please also be advised that I reserve the right to file a demanda with the California Department of Real Estate if your real estate agent was complicit in these disclosure failures.
- Copiar of Transfer Disclosure Statement showing your false representations
- Inspecci贸n report documenting the undisclosed defects
- Reparaci贸n estimates
- Photographs of the defects
- [Other supporting documentation]
Please direct your response and any acuerdo payment to:
[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]
Atentamente,
____________________________
[YOUR NAME]
驴Necesita Ayuda Legal?
TDS violaci贸n cases require proving what el vendedor knew. Get a 30-minute strategy call with a real estate abogado.
Agendar Consulta - $125Recursos de California
- Depto. de Bienes Ra铆ces de CA: dre.ca.gov - File demandas against agents/brokers
- DRE Public Inquiry Line: 1-877-373-4542
- California c贸digo civil 1102: leginfo.legislature.ca.gov
- Referencia de Abogado del Colegio de Abogados: calbar.ca.gov
- Local Building Department: Check permit history on property