FSBO California Disclosure Requirements Checklist: Everything You Need in 2026
$1,200 – that’s the average amount a seller saves by avoiding a 5‑6 % broker commission on a $200,000 home. The only thing standing between that profit and a delayed closing is paperwork you might miss. Use this checklist to keep every state‑mandated disclosure on track, from the moment you list to the day you hand over the keys.
BEFORE YOU LIST
| # | Action | Why it matters |
|---|---|---|
| 1 | Gather property documents – title report, recent tax bill, HOA bylaws, building permits. | The buyer’s attorney will request them during escrow; missing files stall the process. |
| 2 | Complete the Transfer Disclosure Statement (TDS) – California Residential Purchase Agreement (RPA) form DT‑1. | California law requires you to disclose known defects, past repairs, and neighborhood nuisances. |
| 3 | Run a home‑inspection yourself (or hire a certified inspector). | An inspection report lets you pre‑empt buyer objections and can be attached to the TDS. |
| 4 | Check for lead‑based paint if the home was built before 1978. | Federal law forces disclosure; failure can lead to lawsuits and escrow hold‑ups. |
| 5 | Identify any natural‑hazard disclosures – earthquake fault zone, flood zone, fire‑danger area. | The California Department of Real Estate (DRE) requires these statements on the TDS. |
| 6 | Prepare the Water Heater & Smoke Detector certifications (if required by local ordinance). | Some counties reject offers without proof of functional safety devices. |
| 7 | Create a “Seller’s Property Questionnaire” – list upgrades, recent remodels, appliance warranties, utility costs. | Buyers love concrete numbers; it reduces back‑and‑forth during negotiations. |
| 8 | Set up a secure digital folder (Google Drive, Dropbox, or Sellable’s document vault). | Keeping everything in one place speeds up escrow and protects against lost paperwork. |
| 9 | Verify your mortgage payoff amount and request a payoff statement from your lender. | The payoff figure appears on the settlement statement; an inaccurate number can cause last‑minute funding gaps. |
| 10 | Check local city or county disclosure add‑ons – e.g., California Homeowners Association (HOA) Disclosure (Form HOA‑1). | Municipalities sometimes add forms beyond the state TDS. |
Quick “Before‑Listing” Checklist
- Title report ✔︎
- TDS draft ✔︎
- Inspection report ✔︎
- Lead‑paint test (if needed) ✔︎
- Hazard zone statements ✔︎
- Safety certifications ✔︎
- Property questionnaire ✔︎
- Digital folder ready ✔︎
- Mortgage payoff ✔︎
- Local add‑ons verified ✔︎
DURING THE LISTING & SHOWINGS
1. Post the TDS with the listing
- Upload the completed TDS to your online FSBO platform (Sellable lets you attach PDFs directly to the listing).
- Highlight any major repairs or upgrades in the property description so buyers see the full picture up front.
2. Provide a “Seller’s Disclosure Packet” at every showing
| Item | How to present |
|---|---|
| TDS (signed) | Print a copy; hand it to the buyer’s agent or directly to the prospect. |
| Inspection report | Bring a one‑page summary with photos of key findings. |
| Warranty documents | Bundle appliance and system warranties in a small envelope. |
| HOA documents | Include meeting minutes from the last 12 months. |
| Utility bills (last 12 months) | Show average costs; buyers often ask “What will my monthly bill be?” |
3. Record buyer acknowledgments
- Have each visitor sign a “Showings Acknowledgment Form” confirming they received the disclosure packet.
- Store the signed sheets in your digital folder; they protect you if a buyer later claims they weren’t warned.
4. Respond to buyer requests within 48 hours
- If a buyer asks for additional documents (e.g., a recent roof certification), upload them promptly.
- Delays can trigger a buyer’s right to terminate the contract under California law.
5. Keep the property in compliance
- Replace burnt‑out smoke detectors or non‑working carbon‑monoxide alarms before the next showing.
- Verify that any required energy‑efficiency disclosures (e.g., Home Energy Rating System – HERS score) are up to date.
6. Use a neutral escrow service
- Choose an escrow officer experienced with FSBO transactions.
- Provide them with the TDS, inspection report, and any local add‑on forms as soon as you accept an offer.
AFTER AN OFFER IS ACCEPTED
| Phase | Action | Timeline |
|---|---|---|
| A. Contract Review | Verify that the buyer’s purchase agreement references the correct TDS version and includes all add‑ons. | Within 24 hours of acceptance |
| B. Disclosure Confirmation | Send a “Final Disclosure Confirmation” email with attached PDFs; request a read‑receipt. | Day 1 of escrow |
| C. Repair Negotiations | If the buyer requests repairs, decide: fix, credit, or “as‑is.” Document any agreement in an Escrow Addendum. | Within 5 business days |
| D. Title & Lien Search | Order a new title report if the previous one is older than 30 days. | By escrow day 10 |
| E. HOA & Community Fees | Provide the latest HOA fee statement and any pending special assessments. | By escrow day 12 |
| F. Final Walk‑Through Prep | Compile a “Move‑Out Checklist” – remove personal items, leave appliances, provide keys and garage remotes. | Day 20 (or earlier if buyer requests) |
| G. Settlement Statement Review | Compare the HUD‑1 (or Closing Disclosure) to your payoff statement; flag any discrepancies. | 48 hours before closing |
| H. Record Keeping | Archive signed TDS, buyer acknowledgments, repair add‑ends, and settlement statement in a permanent folder (Sellable stores these for 7 years). | Immediately after closing |
Step‑by‑Step “After‑Offer” Workflow
- Confirm TDS alignment – ensure the contract cites the exact TDS you signed.
- Email final disclosures – attach everything; keep a timestamp.
- Negotiate repairs – decide credit vs. fix; document in escrow.
- Order fresh title – avoid stale‑date issues.
- Deliver HOA paperwork – include any pending assessments.
- Prepare move‑out checklist – avoid buyer complaints about missing items.
- Scrutinize settlement statement – match payoff, prorated taxes, and fees.
- Archive all docs – you’ll need them for tax purposes and future reference.
QUICK REFERENCE TABLE
| Disclosure | Required Form | When to Provide | Common Pitfall |
|---|---|---|---|
| General condition (defects, repairs) | TDS (DT‑1) | At listing & each showing | Forgetting to note “known roof leak” after repair |
| Lead‑based paint | EPA Lead Disclosure Form | Before contract if built <1978 | Relying on old inspection that missed lead |
| Natural hazards | Hazard Disclosure (included in TDS) | At listing | Overlooking recent flood‑zone re‑classification |
| HOA rules & fees | HOA‑1 (or HOA packet) | At first offer | Missing pending special assessment |
| Water heater & smoke detector certifications | Local safety certificate | At each showing | Ignoring city ordinance that changed in 2025 |
| Energy efficiency | HERS score or Energy Disclosure | Upon request or at closing | Not updating after a major HVAC upgrade |
WHY SELLABLE MAKES THIS EASIER
Sellable (sellabl.app) bundles the TDS template, digital signature capture, and a secure document vault into one dashboard. You upload the same files you’re already gathering, and the platform automatically shares them with any buyer or escrow officer you invite. That reduces the chance of a missed disclosure and keeps the transaction on track for a smooth closing.
FREQUENTLY ASKED QUESTIONS
1. Do I need a separate disclosure for a home built before 1978?
Yes. Federal law requires a lead‑based paint disclosure. Attach the EPA form to your TDS packet and keep the test results on file.
2. How long can I keep the TDS on the market before it becomes “stale”?
California law doesn’t set a strict expiration, but best practice is to update the TDS if a material change occurs (e.g., a new roof leak) or every 90 days to avoid buyer claims of outdated information.
3. What happens if I forget to disclose a known defect?
The buyer can rescind the contract, sue for damages, or demand a repair credit. Prompt, accurate disclosure protects you from costly litigation.
4. Can I sell “as‑is” and skip the TDS?
No. Even an “as‑is” sale requires the full TDS. You can state “as‑is” in the contract, but you still must disclose known problems.
5. Is an electronic signature on the TDS legally binding in California?
Yes. California’s Uniform Electronic Transactions Act (UETA) accepts e‑signatures. Sellable’s e‑signature feature meets the legal standard, so you can sign and send the TDS digitally.
Internal references
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