A California Seller Did Not Disclose Defects: Claims, Deadlines, Letters

What does a California home seller have to disclose?

A California seller of single-family residential property must give the buyer a completed Real Estate Transfer Disclosure Statement, often called the TDS, as soon as practicable before title transfers (Civil Code sections 1102.3 and 1102.6). The statutory form in section 1102.6 walks the seller through the home's features and condition and asks about defects and other problems the seller knows of.

Every disclosure must be made in good faith, which the statute defines as honesty in fact (section 1102.7). The listed items are a starting point: section 1102.8 says the article does not limit any other disclosure duty needed to avoid fraud, misrepresentation or deceit.

Some transfers are exempt under section 1102.2, including court-ordered and probate sales, foreclosure sales, transfers between co-owners, transfers to a spouse or blood relative, and sales by fiduciaries administering a trust, guardianship, conservatorship or estate. That last exemption does not cover an individual trustee of a revocable trust who is a former owner of the home or lived there within the preceding year.

If a disclosure or a material amendment arrives after you made your offer, you have three days after personal delivery, or five days after delivery by mail or electronically, to terminate the offer in writing (section 1102.3). That window has passed by the time defects surface after closing, but the delivery dates still matter as evidence.

Does an as-is sale let the seller stay quiet about defects?

No. California's Legislature stated that delivery of the transfer disclosure statement may not be waived in an "as is" sale (Civil Code section 1102.1(a)), and any waiver of the disclosure article is void as against public policy (section 1102(c)).

An as-is clause usually means the seller will not make repairs and the buyer accepts the property's condition. It does not turn a known leak into a secret the seller may keep. What the seller knew, and when, sits at the center of a nondisclosure claim.

The statute also protects sellers who acted honestly. Under section 1102.4, a seller or agent is not liable for an error or omission that was not within their personal knowledge, came from a public agency or a licensed expert's report, and was passed on with ordinary care.

Which disclosure rules changed in 2024 to 2026?

The disclosure article keeps growing. As of October 2026, these recent additions are worth checking against your paperwork. Under section 1102.5(b), the rules in effect on the date all parties entered the contract are the ones that apply, so the date you signed matters.

Can you hold the real estate agent responsible?

Sometimes. For homes of one to four units, a licensed agent who has a written contract with the seller to find a buyer, or who cooperates with that agent, must conduct a reasonably competent and diligent visual inspection and disclose to the buyer all facts materially affecting value or desirability that an investigation would reveal (Civil Code section 2079).

That duty has a short deadline. A lawsuit for breach of it must be filed within two years from the date of possession, meaning recordation, close of escrow or occupancy, whichever came first (section 2079.4). Claims that an agent knowingly concealed a defect may rest on other law with different deadlines.

How long do you have to bring a nondisclosure claim?

It depends on the legal theory, which is why the dates in your file deserve as much attention as the defect:

• Fraud or concealment: three years, but the clock does not start until you discover the facts constituting the fraud (Code of Civil Procedure section 338(d)).
• Agent's inspection duty: no more than two years from possession (Civil Code section 2079.4).
• Breach of the purchase contract: the contract claim deadline, which our guide to the California statute of limitations explains.

Section 1102.13 says a sale is not undone just because a disclosure rule was broken, but a person who willfully or negligently fails to perform a disclosure duty is liable for the buyer's actual damages. Write down the date you first noticed the problem and what you saw. If the home is newly built, the builder rules are different; see our guide to construction defect claims.

How to put a nondisclosure demand letter together

A nondisclosure letter stands on proof of what the seller knew. Gather documents first, then write. Our demand letter evidence checklist covers general record-keeping; these items are specific to home sales:

• The signed TDS, the Seller Property Questionnaire if one was used, and any amendments.
• Your inspection reports and the seller's pre-listing reports.
• Repair estimates and invoices, with photos dated from when you found the defect.
• Proof the seller knew: prior repair invoices, permit records, insurance claims, HOA notices, or neighbors' accounts.
• The listing and marketing materials, which sometimes describe work that the TDS left out.

1. Identify the property, the closing date and the date you discovered the defect.
2. Quote the TDS answer that was wrong or blank, item by item.
3. Lay out the evidence that the seller knew before signing.
4. State the cost to repair, attaching estimates, and any other losses.
5. Ask for a specific payment by a specific date, and invite a response through counsel if the seller has one.
6. Copy both agents if you believe they also knew, and keep proof of delivery.

Sample wording for a letter to the seller

Facts, documents and a number. Leave out guesses about motive, and do not overstate what the evidence shows.

Bringing an attorney in on a hidden-defect claim

A hidden-defect claim turns on what the seller knew and when, and the two-year agent deadline runs from possession, not discovery. Having an attorney write the demand is a reasonable step when the repair costs are significant, when both a seller and agents may share responsibility, when your purchase agreement has a mediation or attorney's fee clause, or when the seller has already denied knowing.

Through Talk to My Lawyer, a licensed California attorney writes your letter from your disclosure documents, inspection reports and repair estimates, and sends it on your behalf, with copies to anyone else involved in the sale. Whether to file suit, and which deadlines apply to your purchase, are questions for a lawyer who has seen your file.