California requires you to tell buyers what you know about your home before they close. If you skip something or leave it off the paperwork, you could face legal liability after the sale.
This is not optional. Civil Code Section 1102 requires every seller of a one-to-four unit residential property to complete a Transfer Disclosure Statement. If you are selling your home in North Park or anywhere in San Diego, here is exactly what you need to disclose and which forms are involved.
The Two Main Disclosure Forms
Transfer Disclosure Statement (TDS). This is the state-mandated form. It covers the physical condition of your home. You will report what you know about the roof, foundation, plumbing, electrical, HVAC, appliances, and any structural issues. You also disclose any additions or modifications done without permits.
Seller Property Questionnaire (SPQ). This form goes deeper. It covers past insurance claims, previous repairs, neighborhood issues (noise, odors, disputes with neighbors), HOA rules, and anything else that could affect a buyer’s decision. The C.A.R. purchase agreement requires the SPQ whenever the TDS is required.
Both forms ask you to disclose what you personally know. You do not need to hire an inspector or investigate problems you are not aware of. But if you know about an issue and leave it off, that is where sellers get into trouble.
What Else You Must Disclose in San Diego
Natural Hazard Disclosure (NHD). A third-party NHD report identifies whether your property sits in a flood zone, earthquake fault zone, fire hazard zone, or other natural hazard area. Your agent orders this report. It is not something you fill out yourself.
Lead-based paint. If your home was built before 1978, federal law requires you to disclose any known lead-based paint or hazards and provide the buyer with the EPA pamphlet “Protect Your Family From Lead in Your Home.” Most North Park homes were built between 1905 and 1940. This applies to nearly every sale in 92104.
Mello-Roos and special assessments. You must disclose any special tax districts. North Park does not have Mello-Roos, but sellers in newer San Diego developments do.
Smoking history (new for 2026). Assembly Bill 455, effective January 1, 2026, requires sellers to disclose known thirdhand smoke or tobacco residue on the property. This is a new requirement many sellers are not aware of yet.
Corroded galvanized steel plumbing pipes under a kitchen sink in an older 1920s bungalow
Common Disclosure Mistakes North Park Sellers Make
Forgetting unpermitted work. Older homes in North Park often have enclosed porches, converted garages, or added rooms that were never permitted. If you know about unpermitted work, you must disclose it. Leaving it off the TDS does not make the problem disappear. It makes it your liability.
For the full playbook, see how to sell a North Park home with unpermitted additions.
Hiding past water damage. If you had a leak, a flood, or any water intrusion, even if you fixed it, disclose it. Buyers who discover undisclosed water damage after closing have strong legal grounds to come after you.
Downplaying plumbing or electrical age. Many North Park homes still have original galvanized pipes or outdated electrical panels. You are not required to upgrade them before selling. But you are required to tell the buyer what you know about their condition.
Your listing agent should walk you through every line of the TDS and SPQ before you sign. If your agent hands you the forms and says “just fill these out,” that is a red flag. Our step-by-step selling guide covers how we handle disclosures with our sellers.
The One Rule That Protects You
Disclose everything you know. That is it. You are not expected to be perfect. You are expected to be honest. Courts in California have consistently ruled that sellers who disclose in good faith are protected, even if something surfaces later that they did not know about.
The sellers who face lawsuits are the ones who knew about a problem and chose not to mention it.
Ready to Start the Process?
If you are thinking about selling in North Park or San Diego, disclosure prep is one of the first things we cover. I walk every seller through the TDS and SPQ line by line so nothing gets missed.
Request a free home valuation to start the conversation, or contact me directly at 619-736-7003.
Related: What to Fix Before Listing an Older Home in North Park
Related: Capital Gains Tax When Selling in North Park San Diego
Frequently Asked Questions
What do sellers have to disclose in California?
California sellers must complete a Transfer Disclosure Statement (TDS) and Seller Property Questionnaire (SPQ) covering the physical condition of the home, any known defects, past repairs, unpermitted work, insurance claims, and neighborhood issues. A Natural Hazard Disclosure report and lead-based paint disclosure (for pre-1978 homes) are also required.
Do I have to disclose unpermitted work when selling in San Diego?
Yes. If you know about any additions, modifications, or improvements done without permits, you must disclose them on the TDS. This includes enclosed porches, converted garages, added bathrooms, and any structural changes. Failing to disclose known unpermitted work can create legal liability after the sale.
What is the new smoking disclosure law in California?
Assembly Bill 455, effective January 1, 2026, requires sellers to disclose known thirdhand smoke or tobacco residue on the property. This is a new addition to California’s disclosure requirements.
Can I get sued for not disclosing something when selling my house?
Yes. If you knew about a material defect or issue and did not disclose it, the buyer can pursue legal action after closing. California courts consistently hold sellers liable for intentional non-disclosure. The protection is simple: disclose everything you personally know about the property.
Z. McT-Contreras | McT Real Estate Group | DRE#01715784
Sources: California Civil Code Section 1102, California Association of Realtors (C.A.R.), U.S. EPA Lead-Based Paint Disclosure Rule, California Assembly Bill 455 (2026).