Thanks for joining us for part 3 of our five-part blog series about setting up expectations during the home selling process. This series covers:

  1. Introduction (August blog posted; see here: link)
  2. Escrow Process (September blog posted; see here: link)
  3. Disclosures & Investigation Responsibilities (This blog post)
  4. Financing Process (November blog post coming)
  5. Pre-Closing & Final Steps (December blog post coming)

Parts 2-5 of this series are split into two parts—one tailored for sellers, like this post, and one for buyers—because the concerns and responsibilities can differ greatly depending on your role in the transaction. Now, onto Disclosures and Investigation Responsibilities of a seller!

If you’re selling your home, disclosures are one of your biggest responsibilities. Preparing accurate, complete written disclosures is essential. Some properties require more detail than others, but all sellers must take the time to be thorough, thoughtful, and honest.

California law requires sellers to disclose all known material conditions or defects that might affect the property’s value or desirability. Your agent will provide the proper forms and can guide you through the process. We can’t stress enough how crucial these disclosures are both during the sales process and beyond—most post-sale legal disputes stem from incomplete or inaccurate disclosures.

If you purchased the home recently, review your own past disclosures and inspection reports as a reference. And remember this golden rule:

If you’re wondering whether to disclose something, it’s almost always best to disclose it.

Completing the Disclosure Forms

Each form is designed to prompt full, transparent answers. Checking “Yes” to a question usually requires additional details in the space provided. If you’re using an online platform (many brokerages now offer these), it may feel easier, but don’t rush—accuracy and clarity are crucial. Take your time, review your records, and fill out each section carefully.

Your disclosures help buyers make informed decisions. While certain information might invite negotiation requests, withholding it could create legal risk later.

Why Full Disclosure Matters

  1. Transparency Prevents Trouble. Omitting information may seem advantageous in the short-term, but it can lead to lawsuits or rescinded sales down the road.
  2. Buyers Verify Independently. Many cities issue reports confirming whether improvements were permitted. If your disclosures don’t match what the city records show, it can erode buyer trust.
  3. Neighbors Talk. Once buyers move in, they’ll hear about that sewer line break or the constant remediation trucks in your driveway. It’s always better if that information came from you first.

The bottom line: disclose honestly, and focus on how you explain issues rather than avoiding them.

Special Considerations for HOA Sellers

If your property is part of a Homeowners Association, you’re responsible for ensuring the buyer receives the full HOA disclosure package—usually coordinated through escrow.

Pay special attention to SB 326, California’s wood balcony law, which applies to HOAs with three or more units featuring elevated wooden structures (balconies, decks, stairs, etc.). These laws require ongoing inspections and safety reporting—something smaller HOAs may not yet have addressed. Work with your agent to make sure your complex is in compliance and that HOA disclosure has been ordered early.

✅ Seller Tips:

  • Tip 1: Disclose thoughtfully. State the nature, timing, and resolution of each issue clearly and concisely.
  • Tip 2: Schedule time early to complete your disclosures before going on the market. Avoid rushing through the forms at the last minute.

Leverage the strength of Vista Sotheby’s. Experience the dedicated attention of Team Plunkett. Sell with confidence.

Note: Some items may be specific to our local area. Always check with your agent for local and state-specific requirements.