California real estate disclosure laws California Real Estate Disclosures | Page 8

PART I
TRANSFER AND FINANCING OF REAL PROPERTY
SECTION I
DISCLOSURES REQUIRED OF A SELLER
AND/OR A REAL ESTATE BROKER/AGENT
While these disclosures relate mainly to residential property resales, some
may also be applicable to the initial sale of subdivided interests as noted in
this section and further discussed in Section IV. Remember that sellers and
real estate agents must make the disclosures necessary to avoid fraud,
misrepresentation or deceit.

A. Disclosures Upon Transfer of Residential Property
This section deals with the major disclosures required by the California Civil
Code (commencing at Section 1102). Subject to the exemptions listed
below, these requirements apply when real property of 1 to 4 dwelling units
is transferred by sale, exchange, installment land sale contract, ground lease
coupled with improvements, lease with an option to purchase, or any other
option to purchase.
In this discussion, the term “seller” means the transferor, the term “buyer” or
“purchaser” means the transferee, and the term “transaction” includes the
sale or transfer of the property.
These requirements also pertain to the resale of a manufactured home (as
defined in Section 18007 of the Health and Safety Code) or a mobilehome
(as defined in Section 18008 of the He