Orange County Information Center - Home Selling

Which disclosures am I legally required to give to the buyer under California law?

As part of the sale of your home, there are a number of disclosures you are legally required to make. When you purchase a service package from O.C. Real Estate Advisors, we will provide you with the forms created and approved by the California Association of Realtors® for making these disclosures. As these forms can be somewhat complex and confusing, you will be assigned a licensed real estate advisor to help you complete the forms and answer any questions you may have about the forms. These forms, which generally must be completed and provided to the buyer within 17 days after the opening of escrow, include:

The Real Estate Transfer Disclosure Statement.
As the name implies, this form is the opportunity for you to give the buyer information about your home. In this form, you will be asked to disclose, among other things, information you have about: structural defects in your home; homeowners’ association dues; items included in, or excluded from, the sale of your home; environmental hazards; and zoning restrictions. The buyer has 3 days from the day they receive the Real Estate Transfer Disclosure Statement to cancel the sale.

When you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with a Real Estate Transfer Disclosure Statement and will help you fill out the form completely and accurately.

The Natural Hazard Disclosure Statement.
By law, you are required to provide information to the buyer of your home about whether it is located in an area that is prone to floods, fire or earthquakes.

It is often difficult for homeowners to obtain this information on their own. It is therefore highly recommended that you use a company that specializes in preparing Natural Hazard Disclosure Reports for homeowners.

The Smoke Detector Statement of Compliance.
This form confirms you have working smoke detectors in your home. You are required to provide this form to the buyer under California law.

When you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with a Smoke Detector Statement of Compliance and will help you fill out the form completely and accurately.

The Water Heater Statement of Compliance.
This form confirms that your water heater is secured by straps or bracing to prevent damage in the event of an earthquake. You are required to provide this form to your buyers under California law.

When you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with a Water Heater Statement of Compliance and will help you fill out the form completely and accurately.

The Lead-based Paint Disclosure.
You only need to make this disclosure to the buyer if your home was built before 1978. This form lets the buyer know that your home may contain lead-based paint. In addition to this form, you should give the buyer a copy of a booklet approved by the U.S. Environmental Protection Agency (E.P.A.) which contains information on how to avoid lead poisoning. Once the buyer has received the disclosure form and booklet, the buyer has ten days to test your home for the presence of lead.

If your home was built before 1978, when you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with the Lead-based Paint Disclosure form and will help you fill out the form completely and accurately. We will also provide you with a copy of the E.P.A. booklet on lead poisoning to give to the buyer.

The Radon Gas and Mold Disclosure.
This form lets the buyer know whether you aware of any radon gas or mold problems in your home.

When you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with the Radon Gas and Mold Disclosure form and will help you fill out the form completely and accurately.

The Supplemental Statutory and Contractual Disclosures.
This form includes a variety of additional information you must disclose to the buyer of your home. For example, you must disclose if your home is covered by a homeowners’ association. This form is in addition to the forms described above, not a substitute.

When you purchase a service package from O.C. Real Estate Advisors, a licensed real estate advisor will provide you with the Supplemental Statutory and Contractual Disclosures form and will help you fill out the form completely and accurately.

Warmest Regards,

Amanda Wheeland
Orange County Real Estate Advisor

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