Key takeaways
A Bay Area disclosure package is basically the “home’s full story” in document form—covering inspections, seller disclosures, reports, and legal disclosures buyers need to review before making an offer.
The most important parts usually include the Transfer Disclosure Statement (TDS), Seller Property Questionnaire (SPQ), Natural Hazard Disclosure (NHD), and pest/roof/property inspections—because these directly impact risk, repair costs, and negotiation leverage.
Buyers should treat the disclosure package like due diligence, not paperwork. Red flags often hide in plain sight: drainage issues, foundation notes, unpermitted work, prior insurance claims, or repeated “minor” repairs that signal a bigger problem.
For sellers, a strong disclosure package can actually increase buyer confidence and competition—because transparency reduces uncertainty, shortens decision time, and makes buyers more willing to write aggressive, clean offers.
Summary: A disclosure package is the buyer’s main risk-check tool and the seller’s credibility builder—so the clearer and more complete it is, the smoother the deal and the stronger the offers tend to be.
A homeowner selling his or her Bay Area residence is required to disclose all material facts about the property’s condition. There are many standard disclosure forms that the law requires the seller to make available to the buyer, but these disclosures vary from state to state, and city by city. This article will explore the typical contents of a Bay area real estate disclosure package.
Asking your local REALTOR® for a complete set of all the forms you’ll need to fill out and provide to buyers is your best strategy. These forms consist primarily of a series of generic disclosures and advisories to the customer and require only the signature of the seller.
A small number of these forms, however, will require the seller to respond to a series of questions – primarily by checking boxes and providing written explanations when necessary. Typically, it shouldn’t take more than a couple hours to complete and compile all the contents of a Bay Area real estate disclosure package.
In addition to the standard disclosure forms and documentation, the complete Bay Area real estate disclosure package should include copies of all the inspection reports you have on the property – both old ones, if you still have them from when you purchased the property, and new ones, which you should have had completed before listing the property for sale. You should also include a preliminary title report, a natural hazard disclosure report (required throughout the state of California), any HOA documentation required by law, and utility invoices.
It is also advisable to include all government records for the property, including the permit history, any building code or planning violations, assessor data, etc. If your property has a well or septic system, include not only the current report but also all the historical records, which can be obtained from the environmental health department of your city or county.
Concierge Services
A Solid Bay Area Real Estate Disclosure Package Document List
- Termite Inspection
- Home Inspection
- Septic Inspection (if applicable)
- Well Inspection (if applicable)
- Public Records (Assessor, Planning/Zoning, Building, Environmental Health)
- Natural Hazard Disclosure Report
- Preliminary Title Report
- Parcel Map (showing easements, right-of-ways, etc.)
- Repair Bids (if applicable)
- Invoices for Work Completed (if available)
- HOA Documents (if applicable)
- Utility Bills
- Insurance Declarations / Annual Policy Coverage + Fees
- Insurance Claims History / C.L.U.E. Report
- Local Disclosure Forms and Advisories (e.g. “point of sale” requirements)
- Mold Disclosure
- Earthquake Safety and Environmental Hazard Guide
- Residential Earthquake Hazards Report (2005 Edition)
- California Home Energy Rating Booklet
- Standard Disclosure Forms (get these from an Agent)
- Transfer Disclosure Statement (TDS)
- Seller Property Questionnaire (SPQ)
- Lead Based Paint Disclosure (FLD) (for homes built prior to 1978)
- Water Heater/Smoke Detector Statement of Compliance (WHSD)
- Supplemental & Statutory Disclosures (SSD)
- Statewide Buyer and Seller Advisory (SBSA)
- Market Conditions Advisory (MCA)
- Megan’s Law Database Disclosure (DBD)
- Agent’s Visual Inspection Disclosure (AVID)
- Carbon Monoxide Notice (CMD)
California Environmental Hazard Guidebooks
- Earthquake Safety Guide
- Earthquake Safety Guide (Spanish)
- Radon Guide
- Mold Guide (Spanish)
- Mold Guide
- Lead Guide
- Lead Guide (Spanish)
- Environmental Hazards Handbook
- Environmental Hazards Handbook (Spanish)
Guide to California Disclosure Requirements
Want a complete run-down of what disclosures a seller must make to the buyer in California? I have a thorough guide with a video that goes into the who, what, why, and wherefores of the disclosure package, and how it is actually a key part of negotiating an as-is sale with the buyer, resulting in the highest cash-out for the seller at closing. Click here to check it out!
Frequently Asked Questions
What is a Bay Area real estate disclosure package?
A disclosure package is the collection of seller disclosures, inspection reports, and required notices that help buyers evaluate a home’s condition, risks, and history before writing an offer.
What’s typically included in a Bay Area disclosure package?
Most packages include the seller’s disclosures (like the TDS and SPQ), Natural Hazard Disclosure (NHD), inspection reports (pest, property/home, roof, chimney, sewer lateral, etc. depending on the property), plus various local and state disclosures about the home and neighborhood.
What are the most important documents buyers should read first?
Start with the TDS and SPQ (because they reflect what the seller knows and must disclose), then the key inspection reports (pest/property/roof). After that, review the NHD and any material HOA documents if the home is a condo/townhome or part of an association.
Why do disclosure packages matter so much in the Bay Area?
Because many Bay Area transactions are fast-moving and buyers are often expected to complete most due diligence before submitting an offer. A strong disclosure package reduces uncertainty, builds confidence, and can lead to cleaner offers and smoother escrows.
What are common red flags in disclosure packages?
Recurring water intrusion or drainage notes, foundation concerns, roof end-of-life issues, active pest damage, electrical safety problems, unpermitted work, prior insurance claims, neighborhood nuisances, and repairs that appear “patched” rather than resolved.
Do sellers have to disclose everything, even if it hurts the sale?
Sellers generally must disclose known material facts that could affect value or desirability. The goal isn’t to “perfect” the home—it’s transparency. Failing to disclose known issues can create legal and financial risk later.
What if the disclosures conflict with an inspection report?
That happens. Sometimes a seller didn’t know something; sometimes the wording is vague; sometimes an inspector flags a risk that isn’t confirmed. The right move is to ask clarifying questions, request documentation (invoices, permits, warranties), and (if needed) bring in a specialist.
Do buyers still need their own inspections if a disclosure package already includes reports?
Often the seller-provided reports are enough for many buyers to proceed, but you can still hire your own inspectors if you want independent verification or a deeper specialty review. It’s a risk-tolerance decision—especially for older homes or properties with prior issues.
How should buyers use disclosures to negotiate?
Use disclosures to price risk realistically. If the reports show significant repairs, buyers can adjust offer price, request credits, or choose to walk away. The key is to tie negotiations to documented findings and realistic repair costs—not vague fear.
What’s different for condos/townhomes with an HOA?
The “disclosure package” usually includes HOA documents like CC&Rs, bylaws, rules, financials, reserves, meeting minutes, and disclosures about special assessments or litigation risk. For many condo purchases, HOA health is as important as the unit itself.
How long does it take to get a disclosure package ready for a seller?
It depends on what inspections you order and how quickly vendors can schedule, but sellers typically plan for at least a couple weeks (sometimes longer) to gather documents, complete inspections, and compile everything cleanly.
What’s the biggest mistake sellers make with disclosure packages?
Trying to minimize or “explain away” issues instead of disclosing clearly. Buyers can sense uncertainty, and ambiguity creates hesitation. Thorough, organized disclosures tend to reduce buyer fear and improve offer quality—even when the home isn’t perfect.
Time to talk to a REALTOR?
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