Advisability
of Title
Insurance

(When No Title Insurance Issued)

Yes*

Yes*

Yes*

Yes*

Yes*

No

Cal. Civ. Code §1057.6.

*Typically handled by escrow agent

Agency
Disclosure

Agency Confirmation

Yes

Yes

Yes

Yes

Yes*

Yes

Disclosure
Form: AD

Confirmation Form: "Agency" section of C.A.R. purchase agreements or AC-6

Cal. Civ. Code §§ 2079.13et seq.

Airport in
Vicinity¹

Yes

Yes

Yes

No

No

Yes

NHD expert's report

Cal. Civ. Code § 1103.4.

Appraisal Discrimination Addendum

Yes

No*

No*

No*

No*

No*

Fair Appraisal Act Addendum (C.A.R. Form FAAA)

Cal. Civ. Code § 1102.6g.

Beginning after July 1, 2022

* See Footnote 19

Area of Potential Flooding¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Gov't. Code
§§ 8589.4, 8589.5; Cal. Civ. Code §§ 1103et seq.

Broker's Statutory
Duty to
Inspect Property

Yes*

Yes*

Yes*

No

No

Yes

TDS
(for real property)

MHTDS (for personal property manufactured or mobile homes)

AVID may be used (if TDS and
MHTDS not required)

Cal. Civ. Code §§ 2079et seq.

*See Summary Disclosure Chart for Exemptions

Carbon Monoxide Detector Disclosure

Yes

No

No

No

No

Yes

TDS
(for real property)

MHTDS (for personal property manufactured or mobile homes)

Form WCMD is optional

Cal. Civ. Code §§1102.6, 1102.6d.

Carbon Monoxide Detector Compliance

Yes*

Yes*

Yes*

Yes*

No

Yes*

No compliance certification required

Form WCMD is optional

Cal.Health & Safety Code § 17926.

*Installation is not a precondition of sale or transfer of the dwelling.

See Summary Disclosure Chart for additional details.

Commercial Property Owner's
Guide to Earthquake Safety
(Booklet)

Yes²

No

No

Yes*

Yes*/No

No

The Commercial Property Owner's
Guide to Earthquake
Safety

Cal. Bus. & Prof. Code §10147; Cal. Gov't Code §§ 8875.6, 8875.9, 8893.2, 8893.3; Cal. Civ. Code § 2079.9.

*See Summary Disclosure Chart for Exemptions

Common Interest Development Documents

CC&Rs, Articles of Incorp., Bylaws, Rules & Policies, Current Financial Information (Operating Budget), Assessments, Assoc. Insurance, Civil Code Section 1133 Notice (if applic. For subdividers), Enforceable Policies/Fine Structure; A copy of the minutes of the meetings if requested; estimated fee for required HOA disclosures as distinguished from other fees, fines or assessments on specified form if requested; actual charges on specified form at time documents are delivered; statement describing leasing prohibitions, if any

Yes

Yes

Yes

Yes

No

No (unless the owner has an ownership interest in a subdivision, cooperative or condominium for mobilehomes)

Forms HOA-IR, HOA-RS and HOA-RN may be used to comply with statutory and contractual disclosure obligations

Cal. Civ. Code§§ 4525, 4528, 4530 and 4202

Death (in last 3 years)

Yes*

Yes*

Yes*

Yes*

Yes*

No**

TDS (if required)

SPQ may be used
(or ESD if TDS exempt)

Cal.Civ. Code §1710.2.

*if deemed a "material fact"

**Statute applies only to real estate but may be required under "material fact" analysis.

Discriminatory Covenants

Yes

Yes

Yes

Yes

Yes

No

Sample Letter "Disclosure to Buyer (or Owner) of Discriminatory Covenants" (available prior to July 1, 2022).

Gov. Code § 12956.2.

Beginning July 1, 2022. Required when agent has actual knowledge of discriminatory covenants

Earthquake Fault Zone¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Pub. Res. Code §§ 2621et seq.; Cal. Civ. Code §§ 1103et seq.

Energy Use Report

The disclosure obligation has been repealed effective January 1, 2016. Cal.Pub.Res. Code § 25402.10

No

No

No

No

Yes/No

No

EPA's Portfolio Manager Energy Star Report¹⁵.

Public Resources Code 25402.10

20 California Code of Regulations §§ 1680-1684

The obligation to disclose Energy Star information to a prospective buyer or lessee has been repealed effective January 1, 2016. Cal.Pub.Res. Code § 25402.10. (AB 802)

Farm or Ranch Proximity¹

Yes

No

No

No

No

Yes

NHD expert's report

Cal. Civ. Code § 1103.4.

FHA/HUD Inspection Notice

Yes*

Yes*

Yes*

No

No

No

HID

HUD Mortgagee Letter 92564-CN

*Required only for FHA loans or HUD-owned property by lender.

Final inspection report including defensible space compliance

If obtained, final inspection report for construction or rebuilding demonstrating compliance with building codes to be provided to buyer.

Yes*

No

No

No

No

Yes*

Upon completion of construction or rebuilding, and if report was obtained, seller shall provide to buyer a final inspection report from local building official that property complies with all applicable building standards including defensible space laws.
(C.A.R. form Fire Hardening and Defensible Space Advisory, Disclosure and Addendum (FHDS))

Cal.

Civil Code § 1102.6f.(b)

*Applies to property located in a Very High Fire Hazard Severity Zone.

Fire Home Hardening

Effective January 1, 2021
(and July 1, 2025.)

Yes*

No

No

No

No

Yes*

Statutory notice and questionnaire C.A.R. form Fire Hardening and Defensible Space Advisory, Disclosure and Addendum (FHDS).

(On or after July 1, 2025, a seller shall disclose low-cost retrofits, from a list of such, that have been completed during the time that the seller has owned the property)

Cal. Civil Code § 1102.6f.
*Applies to property built before 2010 located in a High or Very High Fire Hazard Severity Zone.

Effective January 1, 2021 (and July 1, 2025.)

Fire Defensible Space Compliance

Yes*

No

No

No

No

Yes*

The Fire Hardening and Defensible Space Advisory, Disclosure and Addendum (FHDS) will be needed for any transaction that requires a TDS and is located in a High or Very High Fire Hazard Severity where the property will close on or after July 1, 2021. Under the revised RPA (12/21), it is no longer necessary to include the FHDS as an addendum with the original offer or counter-offer. Instead, the FHDS may be delivered during the first seven days after the purchase agreement is entered into as a typical disclosure. However, the buyer would still be required to agree to agree to its terms, failing which, the seller may cancel the agreement after delivering a Notice to Buyer to Perform. See footnote 18.

Cal. Civil Code § 1102.19.

*Applies to property located in a High or Very High Fire Hazard Severity Zone.

"See the Q&A Defensible Space Law."

FIRPTA (Federal Tax Withholding)
and
California Tax Withholding

Yes*

Yes*

Yes*

Yes*

Yes*

No

AS may be used (applies to both federal and California Tax Withholding).

AB may be used (applies only to federal withholding).

Cal. Rev. & Tax Code §§ 18662, 18668; 26 U.S.C. §1445.

*If seller eligible, AS or other form required to avoid withholding by escrow.

Flipper Repairs and Contractors
Effective July 1, 2024

Yes

No³

No

No

No

Yes*

Under consideration to be included within the SPQ

Cal. Civ. Code §§ 1102.6h

* Probate, Bankruptcy, REO, and Trusts exempt

Flood Disaster Insurance Requirements

Yes

Yes

Yes

Yes

Yes⁵

Yes

42 U.S.C. § 5154a.

Gas and Hazardous Liquid Transmission Pipeline Notice

Yes*

Yes*

Yes*

No

No

No

"Gas and Hazardous Transmission Pipeline" already included in disclosure section of C.A.R. contracts
(e.g. RPA)

Cal. Civ. Code § 2079.10.5.

* Applies only to single-family properties

Groundwater Basin Comprehensive Notice (if received)

Yes

Yes*

Yes*

Yes*

Yes*

No

Attach notice to TDS or if TDS-exempt, provide notice separately

Cal. Code of Civil Procedure § 836(f). General duty to disclose. See Material Facts.

Hazardous Substances, release of,¹⁷

No

No

No

No

Yes

No

Health & Saf. Code §25359.7

Home Energy Rating System (HERS)Booklet

(Optional Disclosure⁴-- Booklet Now Available)

No

No

No

No

No

No

Home Energy Rating System (HERS) Booklet (part of Combined Hazards Booklet)

Cal. Civ. Code § 2079.10; Cal. Pub. Res. Code §§ 25402.9, 25942.

Homeowner's Guide to Earthquake Safety
(Booklet and Form)

Yes*

No

No

No

No

No⁶

The Homeowner's Guide to Earthquake
Safety

"Residential Earthquake Hazards Report" Form in Booklet

Cal. Bus. & Prof. Code § 10149; Cal. Gov't Code §§ 8897.1, 8897.5; Cal. Civ. Code § 2079.8.

*See Summary Disclosure Chart for Exemptions.

Industrial Use Zone Location

Yes

No³

No

No

No

No

SPQ may be used (or ESD if TDS exempt)

Cal. Civ. Code § 1102.17; Cal. Code of Civ. Proc. § 731a.

Lead-Based Paint Pamphlet and Form

Yes*

Yes*

Yes*/No

Yes*

No

Yes
(Probably)⁷

Pamphlet: Protect
Your
Family
From Lead In Your Home (incorporated in Residential Environmental Hazards: A Guide for Homeowners, Buyers, Landlords
and Tenants)

Form: LPD

42 U.S.C.S. § 4852d; 40 CFR Part 745.

*Applies only to residential property built before 1978. See the Summary Disclosure Chart for exemptions.

Material Facts⁸

Yes

Yes

Yes

Yes

Yes

Yes

TDS or MHTDS
(if required)

The ESD or SPQ is required contractually by the RPA-CA depending on whether the transaction is TDS exempt. If a TDS is required, then an SPQ is also required. IF the transaction is TDS exempt, then the ESD is required.

For commercial property under the CPA, use of the CSPQ is contractually required.

For vacant land under the VLPA, use of the VLQ is contractually required.

For agricultural properties with improvements, the SALSQ is contractually required under the terms of the Agricultural Addendum.

For residential income property using the RIPA, the SPQ is contractually required for residential 1 to 4 units. If 5+ units, then the CSPQ is contractually required.

Case law; Cal. Civ. Code §§ 2079et seq.

Megan's
Law Disclosure (Registered Sex Offender Database)

Yes

Yes

Yes

No

No

No

"Database Disclosure" section of C.A.R. contracts

REO and REOL may be used for REO transactions

Cal. Civ. Code § 2079.10a.

Mello-Roos, 1915 Bond Act Assessments⁹,and voluntary contractual assessment.

Yes

No³

No

No

No

No

Cal. Civ. Code
§ 1102.6b; Cal. Gov't Code §§ 53340.2, 53754, Cal. Str. & H. Code § 5898.24.

MethLab Clean-Up Order

(Release of Illegal Controlled Substance Remediation Order)

Yes

Yes

Yes

Yes

Yes

Yes*

TDS (if required) (question II.C.1)

SPQ or MCN may be used (or ESD if TDS exempt)

Cal.Health & Safety Code
§ 25400.28 (disclosure); §§ 25400.11(q) and (r) (definitions).

*Exempt if located in a mobilehome park or manufactured home park.

Military Ordnance Location

Yes

No³

No

No

No

No

SPQ may be used (or ESD if TDS exempt)

Cal. Civ. Code § 1102.15.

Mining Operations¹

Yes

No

No

No

No

Yes

NHD expert's report

Cal. Civ. Code § 1103.4

Mold
(Disclosure
of Excessive
Mold or Health
Threat)¹⁰

No

No

No

No

No/No

No

RGM may be used (optional).

Cal.
Health & Safety Code §§ 26140, 26141, 26147.

CDHS has not yet established limits.

Natural Hazard Disclosure Statement

Yes

No

No

No

No

Yes

The form NHD has been discontinued in the C.A.R. forms library. The statutory Natural Hazard Disclosure Statement which is provided as part of the third party NHD private report fulfills the statutory requirement.

Cal. Civ. Code §§ 1103et seq.

Pest Control Inspection Report and Certification
(wood destroying pests or organisms)

Yes*

Yes*

Yes*

Yes*

Yes*/No

No

Cal. Civ. Code § 1099.

*Seller or Seller’s agent must deliver inspection report and subsequent certification (of work completed) to Buyer only if required by contract or the Buyer’s lender.

Private Transfer Fee

Yes

No³

No

No

No

No

NTF may be used

Cal. Civ. Code § 1102.6e.

Residential Environmental Hazards Booklet

(Optional Disclosure¹¹)

No

No

No

No

No

No

Residential Environmental Hazards: A Guide for Homeowners, Buyers, Landlords
and Tenants
(also in Combined Hazards Booklet)

Cal. Civ. Code § 2079.7.

Seismic
Hazard Zone¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Pub. Res. Code § 2694; Cal. Civ. Code §§ 1103et seq.

Smoke Detectors
Must Be In Compliance

Yes

Yes¹⁶

Yes/Yes¹⁶

Yes

No**/No

Yes

Cal. Health & Safety Code §§ 13113.7, 13113.8, 18029.6.

**Yes, if there is a "dwelling unit" on the commercial or industrial property

Smoke Detector Written Statement of Compliance

Yes*

No

Yes*/No

No

No

Yes***

TDS (now contains statement of compliance)

WHSD may be used for real property when no TDS

***HCD Declaration for mobilehomes and manufactured homes (MHTDS also contains statement of compliance)

Cal. Health & Safety Code §§ 13113.8, 18029.6; 25 Cal. Code Regs. § 5545.

*Required for single-family or two-unit dwellings and factory-built real property only.

Special Flood Hazard Area¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Gov't Code § 8589.3; Cal. Civ. Code §§ 1103et seq.

State Responsibility Area (Fire Hazard Area)¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Pub. Res. Code §§ 4125, 4136; Cal. Civ. Code §§ 1103et seq.

Supplemental Property Tax Notice

Yes

No³

No

No

No

No

SPT (or SBSA may be used)

Cal. Civ. Code § 1102.6c.

Transfer Disclosure Statement

Yes

No³

No

No

No

Yes*

TDS (for
real
property)

MHTDS (for personal property manufactured or mobile homes)

Cal. Civ. Code §§ 1102et seq.

* Probate, Bankruptcy, REO, and Trusts exempt

Very High Fire
Hazard Severity Zone¹

Yes

Yes

Yes

Yes

Yes

Yes

NHD (if form required)

Cal. Gov't. Code § 51183.5; Cal. Civ. Code §§ 1103et seq.

Water Conserving Fixtures Compliance

Required by virtue of ownership, but not a point of sale requirement

Yes*

Yes*

Yes*

Yes*

No/Yes*

No

Cal. Civ. Code §§ 1101.4(b), 1101.5(a) (d).

* Not a point of sale requirement

*Applies only to real property built on or before Jan. 1, 1994;

See the Summary Disclosure Chart for exemptions.

Water Conserving Fixtures Disclosure

Yes*

Yes*

Yes*

Yes*

No/Yes*

No

C.A.R. Forms TDS and SPQ should be used, or the ESD if the property is TDS-exempt. C.A.R. Form WCMD is optional.

Cal. Civ. Code §§ 1101.4(c), 1101.5(e), 1102.155.

*Applies only to real property built on or before Jan. 1, 1994

See the Summary Disclosure Chart for exemptions.

Water
Heater Bracing Requirement

Yes

Yes

Yes

Yes

No/Maybe¹²

Yes¹³

Cal. Health & Safety Code §§ 19211, 18031.7.

Water
Heater Bracing Statement
of Compliance

Yes

Yes

Yes

Yes

No/Maybe¹²

Yes***

TDS (now contains statement of compliance)

WHSD may be used for real property if no TDS

***HCD Declaration for mobilehomes and manufactured homes

Cal. Health & Safety Code §§ 19211, 18031.7;
25 Cal. Code Regs. §4102.

Window Security Bars

Yes

No

No

No

No

Yes

TDS (for real property)

MHTDS (for personal property manufactured or mobilehomes)

Cal. Civ. Code §1102.16.