Sellers must provide buyers with “Disclosures” on the condition of their property and other relevant facts. This is one of the first steps taken once the seller and the buyer agree on the purchase agreement. These Disclosures include:
C.A.R. Disclosures (California Association of Realtors)
- Real Estate Transfer Disclosure Statement (Form TDS)
- On page 3 of the Real Estate Transfer Disclosure Statement, seller’s agent should check the 2nd box at the top and write “Agent recommends 3rd party home inspection.”
- The buyer’s agent, should check the 2nd box in the middle of the page, and write “Agent is not a property inspector. Agent recommends inspection by a licensed inspector or contractor.”
- Smoke Detector Statement of Compliance Form SDS-11
- Seller Property Questionnaire Form SPQ
- Water Heater Statement of Compliance Form WHS-11
- Purchase Agreement Addendum Form APA (when appropriate)
- Statewide Buyer & Seller Advisory Form SBSA
- Lead Based Paint Disclosure (if built before 1978) Form FLD
- Seller’s Affidavit (FIRPTA) Form AS
Natural Hazard Disclosures
These disclosures are provided by a professional natural hazard disclosure company such as “Disclosure Source.” They include:
- Consumer Information Acknowledgement
- Natural Hazard Reference Map (Mandatory State Disclosures). These indicate if the property is located in a:
- FEMA Flood Area
- Dam Inundation Area
- High Fire Hazard Area
- Alquist-Priolo Earthquake Zone
- Seismic Hazard Zone
- Natural Hazard Reference Map (Expanded Disclosures). These indicate if the property is located in a:
- City/County Flood Area
- City/County Fire Hazard
- Expanded Fault Special Studies Zone
- Expanded Seismic/Geologic Hazard Area
- Residential Environmental Hazards / Earthquake Booklet
Miscellaneous Disclosures – Mandatory by WRG
These disclosures supplement the C.A.R disclosures, and apply to all transactions:
- WRG Affiliated Business Disclosure
- WRG Attorney Accountant Counsel Recommendation Disclosure
Miscellaneous Disclosures – When Applicable
San Diego ’s SDAR publishes Risk Management Forms, all designed to give REALTORS® additional ways to manage and reduce legal risk. These disclosures supplement the C.A.R disclosures, and only apply to the relevant properties.
For a comparison of SDAR forms to C.A.R. forms, click here.
Here is a list of the SDAR Risk Management forms available:
- Addendum to the Purchase Agreement (APA)
- Agent's Visual Inspection (AVI)
- Buyer Advisory (BA)
- Buyer's Election of Inspections (BEI)
- Buyer's Election of Inspections for Vacant Land (BEIVL)
- Disclosures Regarding "Subject To" and "AITD" Transactions (AITD)
- FIRPTA Buyer
- FIRPTA Seller
- Letter of Intent (LOI)
- Local Area Disclosure (LAD):
- Mold Disclosure (MD)
- Notice of Prospective Buyers (NOPB)
- Notice of Prospective Properties (NOPP)
- Property and Geological Waiver (PGW)
- Seller's Listing Information Checklist (SLIC)
- Seller's Statement on Repairs (SSR)
- Vacant Land Disclosure Statement (VLDS)