California · Civil Code §1102California Transfer Disclosure Statement (TDS)
In California the seller of single-family residential property must give the buyer the Real Estate Transfer Disclosure Statement (Civil Code §1102.6) as soon as practicable before transfer of title. If it – or a material amendment – is delivered after the buyer's offer, the buyer may terminate by written notice within 3 days after delivery in person, or 5 days after delivery by mail or electronic record. The requirement cannot be waived.
How the TDS works
Which sales
Transfers of single-family residential property by sale, exchange, real property sales contract, lease with an option to purchase, other option, or ground lease coupled with improvements (§1102). Any waiver is void.
When
In a sale, as soon as practicable before transfer of title; in an installment contract or lease-option, before execution – the making or acceptance of the offer (§1102.3).
Late delivery: 3 or 5 days
Delivered after the offer, the buyer has 3 days after delivery in person, or 5 days after deposit in the mail or delivery of an electronic record, to terminate by written notice to the seller or seller's agent.
When the clock starts
When Sections I and II – and Section III, the seller's agent's inspection disclosure, if the seller has an agent – are completed and delivered to the buyer or buyer's agent.
Exemptions and the NHD
Exempt transfers (§1102.2)
Among others: court-ordered sales, foreclosures, fiduciary sales of a trust or estate (but not a natural-person trustee of a revocable trust who was an owner or occupant within the year), co-owner to co-owner, to a spouse or lineal relative, and between spouses in a divorce.
Natural Hazard Disclosure (§1103.2)
A separate statement on whether the property lies in mapped hazard areas – such as a FEMA special flood hazard area, a dam failure inundation area or a fire hazard severity zone.
Amendments count too
A material amendment of a disclosure delivered after the offer opens a new 3- or 5-day window.
What the TC tracks
- Delivery date and method of the TDS – in person (3 days) or by mail or electronically (5 days).
- That Sections I, II and III are all completed – the window starts only then.
- Amended disclosures late in escrow – each opens a new window.
- The NHD and other statutory disclosures alongside the RPA contingency deadlines.
Questions about the California TDS
How long does a buyer have to cancel after receiving the TDS in California?
If delivered after the offer: 3 days after delivery in person, or 5 days after delivery by mail or electronic record (Civil Code §1102.3).
Can the TDS be waived in California?
No. Civil Code §1102(c) makes any waiver void as against public policy.
Who must complete the TDS?
The seller completes Sections I and II; if the seller has an agent, the agent completes Section III, the agent's inspection disclosure.
Which sales are exempt from the TDS?
Civil Code §1102.2 lists them, including court-ordered sales, foreclosures, most fiduciary sales, and transfers between co-owners, to a spouse or lineal relative, or in a divorce.
Is the Natural Hazard Disclosure the same as the TDS?
No. The NHD (Civil Code §1103.2) is a separate statement on mapped hazard areas such as flood zones, dam inundation areas and fire hazard severity zones.
California guides
Record when the TDS was delivered and add the 3- or 5-day window as a dated task on the deal in ClosingCode, next to the RPA contingency deadlines.
Start free trialSources: California Civil Code §§1102, 1102.2, 1102.3 and 1103.2 (leginfo.legislature.ca.gov, read October 24, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with C.A.R.