Home disclosures in La Jolla: three forms in plain words

What disclosures are

Disclosures are written notices the seller gives the buyer about the home. This page explains what each main California form is for. It is not legal advice for your sale.

• Transfer Disclosure Statement (TDS): the seller’s report on the home’s condition
• Seller Property Questionnaire (SPQ): extra questions many sales add
• Natural Hazard Disclosure (NHD): whether the home sits in certain mapped hazard zones
• Checking the written forms with your lawyer and escrow
• Where to read more: seller prep, cost to sell, buying & selling and La Jolla

Our main source is the California Department of Real Estate (DRE), the state office that licenses agents. It does not replace advice on your contract or the current forms.

Transfer Disclosure Statement (TDS)

The TDS describes the condition of the home. The DRE says the seller must give it to the buyer as soon as practical and before the title (legal ownership) changes hands. The seller and any agents take part. If more than one agent is involved, the agent who gets the offer delivers the forms unless the seller says otherwise.

The form itself says it is a report on condition, not a warranty (a promise that something will work). It does not replace inspections. Some cities and counties also use a Local Option TDS, a version with extra local questions about the area.

Who it covers: these rules start at California Civil Code Section 1102. They mostly cover sales of homes with 1 to 4 units. Some sales are exempt. Ask your lawyer whether your sale is covered.

• Check the written forms with your lawyer and escrow.

Seller Property Questionnaire (SPQ)

The SPQ is an extra form with more questions for the seller about the home. Many California sales use it along with the TDS.

The DRE’s booklet for consumers focuses on the forms the law requires: the TDS and NHD. The SPQ adds to them. It is not the TDS itself.

• Your sale papers show the exact form name and version, and whether it applies.
• Ask your lawyer or escrow which forms apply to your sale.

Natural Hazard Disclosure (NHD)

Unless a sale is exempt, the DRE says the seller or the seller’s agent must tell the buyer when the home is in certain mapped zones. These include:

• a special flood zone (FEMA Zone A or V, under the booklet’s rules)
• an area that could flood if a dam fails
• a very high fire hazard zone
• a wildland area where the state handles fire protection
• an earthquake fault zone
• a seismic hazard zone: an area mapped for strong shaking, soil that can turn soft in a quake, or landslides

The seller uses the Natural Hazard Disclosure Statement (NHDS) form, or a Local Option TDS where a city or county requires one with the same information. An outside company may fill out the NHDS. The seller must still make sure the buyer gets it. The form says it is a notice, not a warranty, and not part of the contract.

Check the written forms

Exact delivery dates, any right to cancel if forms come late, which sales are exempt, and current form versions are set by law, your purchase contract and your lawyer. The DRE’s escrow guide says to take contract questions to a licensed broker or lawyer. Escrow follows its written instructions.