Key Takeaways

  • The Transfer Disclosure Statement (TDS) is required for sales of 1-4 unit residential properties under California Civil Code Section 1102
  • Sellers must disclose all known material facts about the property's physical condition, including defects and repairs
  • The TDS must be delivered "as soon as practicable" before transfer of title
  • Buyers who receive TDS after signing the purchase agreement have 3 days (in person) or 5 days (by mail) to rescind
  • TDS is required even for "as-is" sales—the disclosure obligation cannot be waived
Last updated: January 2026

Transfer Disclosure Statement (TDS)

The Transfer Disclosure Statement (TDS) is California's primary disclosure document for residential real estate transactions. It is governed by California Civil Code Sections 1102-1102.14.

When TDS is Required

The TDS is required for the sale, exchange, or installment land contract of:

Property TypeTDS Required?
Single-family homesYes
2-4 unit residentialYes
CondominiumsYes
Mobile homesYes
Stock cooperativesYes
Commercial propertyNo
5+ unit residentialNo

Key Point: "As-Is" Sales

Even in "as-is" sales, the TDS is still required. The seller cannot waive the disclosure obligation. "As-is" only means the seller won't make repairs—not that they can hide defects.

TDS Content Requirements

The TDS has three main sections:

Section I: Seller's Information

The seller discloses:

CategoryItems to Disclose
StructuralFoundation, roof, walls, floors, ceilings
SystemsPlumbing, electrical, heating, cooling, water heater
AppliancesBuilt-in appliances, smoke detectors, security systems
ExteriorPool/spa, sprinklers, fencing, drainage
Common areasShared driveways, easements, HOA issues
DefectsAny known problems, previous repairs
OtherDeaths on property (3 years), lawsuits, environmental hazards

Section II: Agent's Inspection

The listing agent must conduct a visual inspection of accessible areas and disclose:

  • Any items that appear to be defective
  • Areas that weren't inspected and why
  • Obvious problems visible without specialized knowledge

Section III: Selling Agent's Inspection

The selling agent (buyer's agent) must also inspect and disclose similar information.

Important: Agent inspections are visual only. Agents are not required to inspect areas that are inaccessible, covered, or require specialized knowledge.

TDS Delivery Requirements

The TDS must be delivered to the buyer as soon as practicable before transfer of title.

Timing Rules

Delivery MethodBuyer's Rescission Period
In person3 days
By mail5 days
By email (if agreed)3 days

If the buyer receives the TDS after signing the purchase agreement, the rescission period begins upon receipt.

Amendments to TDS

If the seller discovers new information after providing the TDS, they must provide an amended TDS. The buyer then has a new rescission period.

TDS Exemptions

The following transfers are exempt from TDS requirements:

ExemptionReason
Foreclosure salesREO, trustee's sale
Probate salesCourt-supervised estate sales
Bankruptcy salesBankruptcy court-supervised
Government transfersEminent domain, tax sales
Between co-ownersDivorce, dissolution of partnership
Transfer to/from trustSame beneficial ownership
First sale of new constructionBuilder provides other disclosures

Note: Even exempt transfers may require other disclosures like the Natural Hazard Disclosure.

Agent's Duty of Visual Inspection

California Civil Code Section 2079.3 requires listing and selling agents to:

  1. Visually inspect all accessible areas
  2. Disclose findings on the Agent Visual Inspection Disclosure (AVID)
  3. Sign the TDS indicating completion of inspection

What Agents Must Inspect

Must InspectNot Required
All roomsBehind walls
Basement/attic (accessible)Under flooring
GarageInside equipment
Exterior groundsUnderground systems
Visible mechanical systemsAnything requiring tools

Agent Liability

Agents can be held liable for:

  • Failing to conduct the required inspection
  • Failing to disclose items discovered
  • Not disclosing items that should have been discovered with reasonable diligence
Loading diagram...
TDS Disclosure Flow
Test Your Knowledge

How long does a buyer have to rescind a purchase agreement after receiving a late TDS delivered in person?

A
B
C
D
Test Your Knowledge

Is the Transfer Disclosure Statement required for "as-is" sales in California?

A
B
C
D