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California · statutesCalifornia seller disclosure checklist (beyond the TDS)

Besides the Transfer Disclosure Statement and the Natural Hazard Disclosure, a California home sale carries several statutory items: a written smoke alarm compliance statement (Health & Safety Code §13113.8), carbon monoxide devices (§17926), a written water heater bracing certification (§19211), the water-conserving plumbing fixtures disclosure (Civil Code §1102.155), the database notice in the purchase contract (Civil Code §2079.10a), and for pre-1960 light-frame homes the Homeowner's Guide to Earthquake Safety with an earthquake hazards disclosure (Government Code §8897.1).

Safety certifications

  1. Smoke alarm (H&S §13113.8)

    Every single-family dwelling sold must have an operable smoke alarm; the seller delivers a written statement of compliance – in the deposit receipt, an addendum or a separate document – as soon as practicable before transfer of title.

  2. Carbon monoxide (H&S §17926)

    Dwellings with a fossil-fuel heater or appliance, fireplace or attached garage need an approved carbon monoxide device. A failure does not invalidate the transfer; damages are capped at $100.

  3. Water heater (H&S §19211)

    Water heaters must be braced, anchored or strapped against earthquake motion; the seller certifies compliance in writing – it may be in the TDS, the contract or the earthquake guide.

  4. Plumbing fixtures (Civil Code §1102.155)

    The seller discloses in writing that California requires water-conserving plumbing fixtures and whether the property has noncompliant fixtures.

Notices and guides

  1. Database notice (Civil Code §2079.10a)

    Every contract to sell residential property of one to four units contains, in at least 8-point type, the statutory notice about the public database of registered sex offenders.

  2. Earthquake guide (Gov. Code §8897.1)

    For a one-to-four unit home of conventional light-frame construction built before January 1, 1960, the seller delivers the Homeowner's Guide to Earthquake Safety and completes the earthquake hazards disclosure; the agent's duty is to give the seller the guide (§8897.5).

  3. TDS and NHD

    The Transfer Disclosure Statement (Civil Code §1102) and the Natural Hazard Disclosure Statement (§1103.2) – with the buyer's 3- or 5-day right when delivered after the offer.

  4. Lead-based paint

    For homes built before 1978, the federal lead disclosure and 10-day evaluation opportunity.

What the TC tracks

  • Year built: before 1960 and light-frame → earthquake guide; before 1978 → lead disclosure.
  • Smoke alarm and water heater statements signed by the seller before closing – collect them with the other disclosures.
  • Carbon monoxide devices where there is gas, a fireplace or an attached garage.
  • The plumbing fixtures disclosure and the database notice in the contract package.
  • TDS and NHD delivery dates – they start the buyer's 3- or 5-day window.

Questions about California seller disclosures

Does a California seller have to certify smoke alarms?

Yes. The seller delivers a written statement that the home complies with the smoke alarm requirement of Health & Safety Code §13113.8.

Is water heater strapping required to sell a house in California?

Water heaters must be braced, anchored or strapped, and the seller certifies compliance in writing (Health & Safety Code §19211).

Can a sale be undone for a missing carbon monoxide detector?

No. Health & Safety Code §17926 says no transfer of title is invalidated for it; damages are limited to actual damages up to $100.

When is the Homeowner's Guide to Earthquake Safety required?

For one-to-four unit homes of conventional light-frame construction built before January 1, 1960 (Government Code §8897.1).

What is the Megan's Law notice in California contracts?

Civil Code §2079.10a requires every contract to sell one-to-four unit residential property to include a notice about the public database of registered sex offenders.

California guides

Turn this list into dated tasks on the deal in ClosingCode – each item with an owner and a reminder before closing.

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Sources: California Health and Safety Code §§13113.8, 17926, 19211; Civil Code §§1102.155, 2079.10a; Government Code §§8897.1, 8897.5; Business and Professions Code §10149 (leginfo.legislature.ca.gov, read October 24, 2026).

General information, not legal advice. Local ordinances may add requirements. ClosingCode is software; it is not a law firm or brokerage.