Many sellers assume disclosures are the buyer's job — the buyer inspects, the buyer reads the reports. In California, it's the other way around: the law requires sellers to proactively disclose material facts they know that could affect a buyer's decision. Sellers fill out several forms — the Transfer Disclosure Statement (TDS), the Seller Property Questionnaire (SPQ), the Natural Hazard Disclosure (NHD). Once signed, those documents become part of the transaction record, and one careless sentence can cost you leverage or expose you to claims after closing.
Don't Guess About What You Don't Know
This is the most common — and most dangerous — mistake. The form asks whether the roof has ever leaked or the sewer line has ever been repaired. The seller can't quite remember, so they write "no" from a vague impression. Then the buyer's inspection finds old patching or a repair record, and that "no" becomes a false statement.
The right move is simple: if you don't know, say so. The forms include an "unknown" option for exactly this reason — it's not a demerit, it's protection. Writing "unknown" or "don't recall" honestly is far safer than guessing wrong. The same applies if you inherited the home or rented it out for years: stating plainly that your knowledge is limited is itself a valid disclosure.
Don't Write in Absolutes
"Brand-new roof." "Never leaked." "No problems with the house." These sound confident — and they're the riskiest sentences on the form. Absolute statements amount to a guarantee, and anything that later contradicts them gives the other side grounds to say you misled them.
Safer writing narrows the claim: use "to the best of seller's knowledge," and state specific facts with dates instead of judgments — "Roof replaced in 2023, invoice available" rather than "Roof is fine." Facts backed by evidence beat sweeping assurances.
Don't Downplay a Problem You Know About
"The basement gets a little damp sometimes." "The backyard drainage isn't great." If the reality is that the basement floods in heavy rain and the yard holds standing water up to the doorstep, that softening is a trap. Once the buyer discovers the true extent, expect a price cut, a cancelled deal — or, if discovered after closing, a claim.
Ask yourself: if you were the buyer, would this change your offer? If yes, disclose it honestly. Write the facts without emotion: when it happened, how often, what you did about it. Buyers aren't scared off by problems — they're scared off by the feeling that there's more you haven't told them.
Don't Be Vague About Permits for Additions and Remodels
In Silicon Valley's older housing stock, unpermitted work is common — garage conversions, backyard ADUs, enclosed patios. Some write "all permitted" hoping no one checks; others leave it blank, thinking disclosure will kill the sale. Both are mistakes.
If there's no permit, say so, and state what you know: when the work was done, by whom, and whether the city has ever raised it. An unpermitted addition doesn't make a home unsellable — many buyers will accept it, as long as the price reflects the risk. What kills deals is the buyer discovering the truth from someone else during escrow.
Don't Improvise on Deaths in the Home
This is the question sellers ask about most — and get wrong most often. Under California law, a death that occurred in the home within the past three years must be disclosed. Beyond three years, there's no duty to volunteer it — but if the buyer asks directly, you must answer truthfully. The same applies to homicides and suicides.
State only the facts, without embellishment or rumor. If you don't know, write that — "Prior owner did not disclose; seller has no knowledge" is a perfectly adequate answer.
Don't Tell Half the Story on Neighbor Disputes and Noise
A boundary dispute with a neighbor, chronic noise complaints, or a disagreement over a shared driveway — if these have genuinely affected living in the home, they are material facts to disclose.
Same principle: facts, not feelings. Don't write "the neighbor is impossible." Write what happened, when, and where things stand — for example, "Fence-line dispute resolved per 2024 survey; see attachment." A factual account meets your disclosure duty without turning the form into a complaint letter.
If You Write "Fixed," Be Ready to Prove It
"The leak has been repaired." "Termites treated." "Electrical upgraded." Once you write that, the buyer and the inspector will verify it. If it was fixed, attach the invoice, warranty, or final permit. If it was only a temporary patch, say so — don't turn "addressed" into "fixed."
And don't leave blanks: mark items not applicable or unknown. A blank reads as evasion — worse than writing "unknown."
Two Things to Do After You Fill Out the Forms
First, check for consistency. Your disclosures, your agent's inspection notes, and the inspection report should tell the same story about the same issue. One mismatch casts doubt on the entire package.
Second, update promptly if something new comes up. If you remember an item after the forms are filed, or a new problem appears while the home is on the market, file a supplemental disclosure right away.
Seller disclosures aren't meant to make the house sound flawless — they lay out the facts you know, clearly and with evidence. Honest, specific, documented disclosures make buyers more confident, and confident buyers make stronger offers. What sellers should fear isn't a house with issues — it's a buyer who walks away thinking, "There's something they're not telling me."
For more on the Silicon Valley market, see the latest market updates. If you're getting ready to sell and want to talk through how to handle disclosures for your own home, get in touch.
This article is for general information only and does not constitute legal advice. Consult a qualified professional for guidance on completing disclosure forms for your specific situation.