FSBO disclosure requirements in California are the same as they are for any other seller. Skipping the listing agent does not skip the paperwork. The law puts the duty on the owner, and the owner carries the risk if something goes wrong. Many FSBO sellers learn that after the buyer’s inspection, not before.
FSBO Disclosure Requirements Don’t Depend on Having an Agent
California treats every seller of a one-to-four-unit home the same way. If you own the property, you owe the buyer the required disclosures.
A listing agent also has a separate duty to inspect the property and report what they see. That is a second set of eyes. An FSBO seller has none, so every omission traces back to the owner.
What California Law Requires You to Disclose
Most FSBO disclosure requirements come down to a handful of documents:
- The Transfer Disclosure Statement, which covers the home’s condition and known defects.
- The Natural Hazard Disclosure, which reports flood, fire, earthquake fault, and seismic hazard zones.
- A lead-based paint disclosure, if the home was built before 1978.
- The Megan’s Law notice in the sale contract.
- HOA documents, if the home sits in an association.
- Any special tax or assessment notices, such as Mello-Roos.
You must also disclose known material facts that the forms do not ask about. If you know about a problem that affects value or desirability, say so in writing.
Timing matters too. A buyer who receives the Transfer Disclosure Statement after signing an offer generally has a short window to cancel. Deliver it early.
Why “As Is” Doesn’t Protect You
Many sellers believe “as is” ends the disclosure duty. It does not. Civil Code Section 1102.1 states the Legislature’s intent. An “as is” sale cannot waive delivery of the Transfer Disclosure Statement.
An “as is” clause protects you from problems you did not know about. It does not protect you from hiding what you did know. Buyers who find concealed defects after closing can sue. Claims can seek damages and, in serious cases, cancellation of the sale.
Wildfire Rules Affect Foothill Sellers
Wildfire risk changed the rules. Since July 1, 2021, some sellers must prove defensible space compliance. That applies to homes in a high or very high fire hazard severity zone.
If you cannot get that documentation before closing, the buyer and seller can sign a written agreement. The buyer then obtains it within a year after closing.
Foothill neighborhoods near the San Gabriel Mountains can fall inside these zones. Check your address on the CAL FIRE fire hazard severity zone map before you list. Inspection processes vary by city and fire district, so call your local fire department early.
Getting FSBO Disclosure Requirements Right Before You List
Start early. Gather permits, repair records, and any inspection reports you already have. Order the Natural Hazard Disclosure from a third-party provider. Complete the Transfer Disclosure Statement honestly and in full.
Disclosure is one part of selling on your own. Pricing and net proceeds are the others. Our posts on FSBO pricing mistakes and FSBO net proceeds cover both. This article offers general information, not legal advice.
Jeffrey Kam, MBA, is Broker/Owner of Green Street Real Estate in Pasadena, California. He has spent more than 20 years working with San Gabriel Valley sellers, including complex transactions where details matter. Selling on your own? To talk through your FSBO disclosure requirements first, call 626-660-5300 or visit greenstreetrealestate.com.