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California Real Estate Transfer Disclosure Statement

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California Real Estate Transfer Disclosure Statement

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF , COUNTY OF , STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I. COORDINATION WITH OTHER DISCLOSURE FORMS

This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 Civ. of the Civil Code. Other statutes may require further disclosures, depending upon the details of the particular real estate transaction.

Substituted Disclosures: The following disclosures and other disclosures required by law, including the Natural Hazard Disclosure Report/Statement that may include airport annoyances, earthquake, fire, flood, or special assessment information, have or will be made in connection with this real estate transfer and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same:

II. SELLER'S INFORMATION

Seller is occupying the property.

A. The subject property has the items checked below (read across):

Garage:

Pool/Spa Heater:

Water Heater:

Water Heater Anchored, Braced, or Strapped for earthquake safety in compliance with Section 19211 of the Health & Safety Code:

Water Supply:

Gas Supply:

Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition?

If yes, then describe:

B. Are you (Seller) aware of any significant defects/malfunctions in any of the following?

Describe:

C. Are you (Seller) aware of any the following:

If the answer to any of these is yes, explain:

D. 1. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 13113.8 of the Health and Safety Code by having operable smoke detectors(s) which are approved, listed, and installed in accordance with the State Fire Marshal’s regulations and applicable local standards.

2. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 19211 of the Health and Safety Code by having the water heater tank(s) braced, anchored, or strapped in place in accordance with applicable law.

Seller

Date

Seller

Date

III. AGENT'S INSPECTION DISCLOSURE

(To be completed only if the Seller is represented by an agent in this transaction.)

THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING:

Agent (Broker Representing Seller) By Date

IV. AGENT'S INSPECTION DISCLOSURE

(To be completed only if the agent who has obtained the offer is other than the agent above.)

THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING:

Agent (Broker Obtaining the Offer) By Date

V. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller

Date

Buyer

Date

Seller

Date

Buyer

Date

Agent (Broker Representing Seller) By Date

Agent (Broker Representing Seller) By Date

SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD.

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

Seller’s California Civil Code Section 1102.155 Required Disclosure

1. This addendum is a written disclosure required by the California Civil Code, Section 1102.155.

Section 1101.4 of the Civil Code requires that California single-family residences be equipped with water-conserving plumbing fixtures on or before January 1, 2017, and shall disclose whether the property includes any noncompliant plumbing fixtures.

Are there any noncompliant plumbing fixtures on the property?

If YES, describe location:

2. The seller hereby affirms that this representation is that of the seller and not a representation of any agent, and that this disclosure is not intended to be part of any contract between the buyer and the seller.

3. The seller further affirms that this disclosure is not a warranty of any kind by the seller or any agent representing any principal in the transaction and is not a substitute for any inspections that or warranties any principal may wish to obtain.

Signature of Seller

Date

Signature of Seller

Date

Enter text

What the California Real Estate Transfer Disclosure Statement Is

The California Real Estate Transfer Disclosure Statement (TDS) is a statutorily prescribed seller disclosure used in most residential real estate transactions in California. It requires a seller to disclose known material defects and the condition of the property to prospective buyers, enabling informed decisions and reducing post-closing disputes. The TDS is governed by California Civil Code provisions addressing seller disclosures and consumer protection; it is provided to the buyer as part of the transaction record rather than filed with a public agency. Accurate completion protects both parties and supports clear title transfer.

Why the TDS Matters for Buyers and Sellers

A complete TDS documents known property conditions, reduces surprise claims after closing, and helps satisfy statutory disclosure duties under California law. It also provides a written record for escrow, lenders, and title insurers, helping streamline closing and reduce litigation risk.

Why the TDS Matters for Buyers and Sellers

Who Prepares and Relies on the TDS

Typical participants who prepare or review the TDS include property sellers, listing agents, buyer agents, escrow officers, and title companies.

  • Sellers and listing agents completing seller-condensed condition answers for disclosure and risk management.
  • Buyer agents reviewing disclosures to plan inspections and negotiate repairs or credits.
  • Escrow and title professionals using the TDS to confirm disclosure delivery and support closing documents.

Each participant has a role: sellers disclose, agents ensure delivery, and escrow/title record and retain the disclosure as part of the closing package.

Core Components of a Professional TDS Package

A professional TDS includes seller answers, identifying information, property condition sections, environmental and structural items, attachments for supporting documents, and an acknowledgement signature block.

Seller Information

Seller legal name, contact information, and current mailing address as they appear on ID and title documents.

Property Details

Property street address, parcel number if known, unit or lot identifiers, and the date the seller completed the disclosure.

Condition Questions

Checkboxed and narrative fields covering plumbing, electrical, roof, foundation, drainage, pests and other material systems.

Environmental Items

Lead-based paint, asbestos, methamphetamine contamination, and natural hazard zones disclosures where applicable.

Attachments

Inspection reports, permit records, receipts for repairs, and any addenda referenced by the seller to substantiate answers.

Signatures

Seller signature, buyer acknowledgement, dates; witness or notarization only if required or elected by parties.

Essential Data Fields to Include

Seller Name: Full legal name
Property Address: Street, city, state, ZIP
Disclosure Date: MM/DD/YYYY
System Conditions: Yes/No with comments
Environmental Notes: Lead, asbestos, hazards
Signature Block: Signed and dated

Step-by-Step: Completing and Delivering the TDS

Follow a simple sequence to complete the TDS accurately and deliver it to buyers and escrow on schedule.

  • 01
    Obtain the Form: Download the current California TDS form or use a broker-provided template.
  • 02
    Complete Seller Responses: Answer checkboxes, add narratives, and attach supporting documents.
  • 03
    Review with Agent: Confirm accuracy and consistency with listing disclosures and permits.
  • 04
    Deliver and Retain: Provide the buyer and deposit the disclosure into escrow; keep copies for records.

Configuring an Online TDS Workflow

When automating the TDS, configure fields, authentication, and storage to match legal and business requirements.

Field Configuration
Template Lock core fields; allow comments on narrative boxes
Conditional Logic Show follow-up questions when 'Yes' is selected
Authentication Email plus SMS or ID verification for stronger attribution
Storage Secure PDF with audit trail and retention policy

Technical Considerations for eSigning and eSubmission

Ensure the digital platform supports secure PDFs, audit trails, and the integrations you need for escrow and records.

  • Document Formats: PDF or DOCX supported
  • Integrations: Salesforce, Microsoft 365, Google Workspace
  • Authentication: Email, SMS code, or advanced KBA

Use providers that preserve an immutable audit trail, allow secure storage, and integrate with escrow or title workflows to simplify closing.

Timing: When to Deliver and Retain the TDS

Provide the TDS early enough for the buyer to review prior to acceptance and escrow; retain copies according to recordkeeping rules and industry best practices.

Pre-Offer Delivery:

Provide disclosure before buyer signs an offer when reasonably possible

Escrow Submission:

Deposit a copy with escrow upon opening

Buyer Review Window:

Allow sufficient time for inspections and review

Closing Record:

Include the signed TDS in the closing package

Retention:

Keep copies per federal and state retention guidance

Key Transaction Milestones for the TDS

A typical transaction includes a small number of disclosure milestones that align with listing, offer, escrow, and closing stages.

01

Listing Preparation

Complete the TDS during pre-listing inspections and compile attachments.

02

Offer Review

Provide the buyer a copy to inform inspections and contingencies.

03

Escrow Period

Escrow holds the signed disclosure and coordinates related documents and repairs.

04

Closing and Archive

Signed TDS is placed in closing package and retained according to policy.

Common Penalties and Risks from Inaccurate or Omitted Disclosures

Civil Liability: Buyer may sue for nondisclosure
Rescission Risk: Contract cancellation or renegotiation
Title Issues: Claims may affect insurer coverage
Escrow Delays: Incorrect info can stall closing
Regulatory Exposure: Failure to meet state disclosure laws
Reputational Harm: Agent or broker disciplinary actions

Real-World Examples of TDS Use

These examples show how sellers and broker teams document condition, attach evidence, and rely on the disclosure during closing.

Martin Properties

Seller completed the TDS online to capture repair receipts and inspection dates

  • The platform preserved timestamps and attachments
  • The signed disclosure was accepted by escrow, reducing post-close inquiries and preserving closing schedule.

Optica Ventures

Owner documented a long-term roof leak in narrative fields and uploaded invoices

  • Agent reviewed with buyer prior to contingency removal
  • Clear documentation reduced negotiation friction and supported title underwriting.

eSignature Vendor Comparison for Completing and Signing a TDS

Compare baseline pricing and capabilities across common eSignature vendors. signNow appears first for direct comparison; confirm vendor plans for up-to-date plan details.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical Tips to Improve Accuracy and Speed

Apply simple procedures to reduce errors and accelerate escrow acceptance when completing the TDS.

Document Physical Evidence
Attach repair invoices, permits, and inspection reports where the disclosure references work. Concrete attachments reduce follow-up questions and support claims made on the TDS.
Use Plain Language
Describe defects and corrective work clearly with dates and contractor names where available. Avoid vague terms and include approximate cost or extent when relevant.
Coordinate with Agents
Have listing and buyer agents review the TDS together early to surface inspection needs and negotiate remedies before escrow closes.
Preserve Audit Trails
When e-signing, use platforms that record signer attribution, IP, timestamps, and attachments so the final PDF supports escrow and title requirements.

Frequently Asked Questions About the California TDS

Answers to common questions about when the TDS is required, acceptable electronic signatures, corrections, and retention to help avoid common pitfalls.


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