California real estate disclosure laws California Real Estate Disclosures | Page 27

requires that a seller or lessor/landlord of target housing deliver this
pamphlet to a prospective buyer or lessee/tenant before a purchase, lease or
rental agreement is formed.
The Rule further requires that the seller’s or lessor’s/landlord’s Lead-Based
Paint or Lead-Based Paint Hazards Disclosures; the Lead Warning
Statement; and the prospective buyer’s or lessee’s/tenant’s acknowledgment
of receipt of that information; the offer of inspection period (or waiver of
same); and the EPA pamphlet each be included in an attachment to the
transaction documentation. The Seller or lessor/landlord, the prospective
buyer or lessee/tenant, and the agent(s) must each sign and date the
attachments. The retention period for sellers or lessors/landlords and
agent(s) of this document is three years from completion of the sale or
transfer, or from commencement of the lease/rental.
A real estate agent must ensure that:
•

His or her principal (seller/lessor/landlord) is aware of the disclosure
requirements;

•

The transaction documentation includes the required notifications and
disclosures;

•

The buyer or lessee/renter receives the EPA pamphlet; and

•

In the case of a sale or transfer, the buyer is offered an opportunity to
have the property inspected for lead-based paint and lead-based paint
hazards.

Violation of the Rule may result in civil and/or criminal penalties. For the
purposes of these requirements, real estate “agent” does not include one who
represents only the buyer and receives compensation only from the buyer.
To obtain the essential compliance information, a person may call the EPA
at 1-800-424-LEAD.
(42 U.S.C. § 4852d; 24 C.F.R.. PART 35; CAL. HEALTH & SAFETY §§ 124125
to 124165)

E. California’s Environmental Hazards Pamphlet
As previously discussed in this section, a California seller of residential real
property consisting of 1 to 4 dwelling units (with a few exceptions) must
give the buyer a Real Estate Transfer Disclosure Statement (TDS). The
statement must specify environmental hazards of which the seller is aware
(e.g., asbestos, radon gas, lead-based paint, formaldehyde, fuel or chemical
storage tanks, contaminated soil or water, etc.). The seller or the seller’s
agent(s) may give the buyer of real property subject to Section 1102 of the
Civil Code or of any other real property, including manufactured housing as

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