How many documents does a California home seller have to produce themselves?

Of the 21 documents a California residential sale commonly touches, about 9 are usually the seller's own work: Purchase agreement (PSA); Real Estate Transfer Disclosure Statement (TDS); Supplemental Property Tax Notice; Megan's Law Notice; Water Heater Strapping Statement of Compliance; Smoke Alarm + CO Detector Statement of Compliance; Death-on-Property Disclosure (if within 3 years); HOA resale packet (if applicable); AB 38 Defensible Space Documentation (if VHFHSZ). The rest are usually prepared by a title company, an attorney, a lender, or the county. This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

Selling a house in California: the paperwork

Every document a California sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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9documents are usually the seller's

out of 21 in a California sale

Tell us about your sale

Answer what you know. Skip what you don't. Every answer takes something off your list or explains why it stays on.

The home

Was the home built before 1978?

Older homes carry a federal lead paint disclosure. It's the same in every state.

Is the home in an HOA, condo, or co-op?

The association has to produce a package, and they can take weeks. Worth knowing early.

Is there a well or septic system?

Private water and sewer get their own questions, and sometimes their own inspection.

Are there solar panels?

Owned panels transfer with a warranty. Leased ones need the lease company's sign-off.

You and the title

Are you married?

Some states need a spouse's signature even when they're not on the title. Many don't.

Is the home owned by a trust, LLC, or company?

An entity needs paperwork showing who's allowed to sign for it.

Did you inherit the home, or is it in probate?

How the home came to you decides which deed you can sign.

Does anyone rent or live in the home besides you?

A lease and its deposit transfer with the sale, and the tenant has to be told.

Do you file U.S. taxes as a citizen or resident?

If you don't, the buyer has to hold back part of the price and send it to the IRS.

Will you be at the closing yourself?

Signing from a distance takes a power of attorney, and it has to be arranged early.

Its history

Have you claimed on your home insurance in the last five years?

Past claims show up on a report the buyer's insurer can pull. Better it comes from you.

Is there work on the house that was never permitted, or a permit still open?

An open permit can stop a closing. Closing one out takes time you'll want in hand.

Are there special assessments or a PACE loan on the property?

These ride with the property or get paid off at closing, and buyers ask about them.

Usually the seller's to produce

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

Purchase agreement (PSA)Foundational contract
Real Estate Transfer Disclosure Statement (TDS)Seller's disclosure packet, delivered per timing ruleOn your list because did you inherit the home, or is it in probate
Supplemental Property Tax NoticeIn PSA or as attached notice
Megan's Law NoticeIn PSA
Water Heater Strapping Statement of ComplianceAttached to TDS or in PSA
Smoke Alarm + CO Detector Statement of ComplianceAttached to TDS or in PSA
Death-on-Property Disclosure (if within 3 years)On TDS or in writing
HOA resale packet (if applicable)In closing packetOn your list because is the home in an hoa, condo, or co-op
AB 38 Defensible Space Documentation (if VHFHSZ)Seller's disclosure packet

Usually drafted for you to sign

These commonly arrive already written. Read them, and ask about anything that looks wrong before you sign.

Mello-Roos Notice of Special Tax (if applicable)Seller's disclosure packetOn your list because are there special assessments or a pace loan on the property

Usually somebody else's to prepare

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

Natural Hazard Disclosure Statement (NHD)Seller's disclosure packet
Grant deedRecorded post-closing
Preliminary Change of Ownership Report (PCOR)Filed with county assessor at recording
ALTA Settlement StatementIn closing packet
Buyer's CDBuyer's packet
Payoff statementsIn closing packet
Wire-fraud advisoryIn closing packet
FIRPTA non-foreign affidavitIn closing packet
CA FTB 593 (non-resident withholding)Filed with CA FTBOn your list because do you file u.s. taxes as a citizen or resident
1099-SFiled with IRS
Documentary transfer tax (county + city)Recorded with deed

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How California generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing typeEscrow closing state (non-attorney). Escrow companies handle Southern CA; title companies dominate Northern CA.

Property regimeCommunity property. Both spouses generally must sign to convey community real property (Family Code § 1102).

Standard deedGrant deed (Civ. Code § 1113 — implies limited statutory covenants). Quitclaim also used.

Disclosure regimeStatutory-form maximalist — the most extensive in the nation.

Transfer taxCounty Documentary Transfer Tax at $0.55 per $500 ($1.10 per $1,000) under Rev. & Tax. Code § 11911; city transfer taxes stack on top in cities that impose them.

RONSB 696 (2023) authorized RON with a phased Secretary of State build-out; historically CA required in-person notarization.

Recording actRace-notice (Civ. Code § 1214).

Recording officeCounty Recorder in the county where the land lies.

Point-of-saleNo single statewide POS regime, but multiple state safety-device statements (water heater strapping, smoke/CO) function as POS obligations, and several cities layer additional POS regimes (S...

Other things California asks about

These come up in California and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

Was the home built before 1978?
Was the home built before 1960?
In a State Responsibility Area (SRA) or a Very-High Fire Hazard Severity Zone (VHFHSZ)?
Are you married?
Are you a U.S. citizen or U.S. tax resident?
Will you attend closing?
Has anyone died on the property in the last 3 years?
In LA (subject to Measure ULA) or SF (tiered transfer tax) or Oakland?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full California reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every California residential 1–4 unit transaction)

Purchase and sale agreement (PSA)

Ownership: [SELLER + BUYER] Legal basis: Civ. Code § 1624 (statute of frauds); Civ. Code § 1102 et seq. (transfer disclosures embedded). Contents: Must contain (verbatim or embedded) — Megan's Law notice (§ 4.4), supplemental property tax notice (§ 4.7). C.A.R.'s RPA-CA (Residential Purchase Agreement and Joint Escrow Instructions) is the industry-standard form; attorneys and FSBOs use variants but must ensure the mandated language is present. How to find: Non-Realtor sellers can obtain compliant PSA templates via CA attorney drafts. FSBO templates from generic online sources typically do NOT contain the mandated verbatim language and must be modified.

Real Estate Transfer Disclosure Statement (TDS)

Ownership: [SELLER] — must personally complete Section I. Agent completes Section II (listing) and III (buyer's) via a reasonably competent visual inspection (Civ. Code § 2079, per Easton v. Strassburger, 152 Cal.App.3d 90 (1984)). Appears: Seller's disclosure packet. Legal basis: Civ. Code §§ 1102–1102.14. Cannot be waived — waiver is void as against public policy (Civ. Code § 1102.1). Duty survives "as-is" sales. Timing: As soon as practicable before transfer of title. If delivered after buyer signs the offer, buyer may terminate within 3 days (personal delivery) or 5 days (mailed) — Civ. Code § 1102.3. Consequence of noncompliance: Willful/negligent failure → actual damages (Civ. Code § 1102.13). Does not invalidate a completed transfer but exposes seller to damages. Form: C.A.R. Form TDS is the widely used version; the statutory format itself is prescribed by § 1102.6 and can be reproduced by anyone. How to find: Non-Realtor sellers can find the statutory format in Civ. Code § 1102.6 (leginfo.legislature.ca.gov). Many county association-of-Realtors sites publish the format; C.A.R. limits access to members.

Natural Hazard Disclosure Statement (NHD)

Ownership: [Third-party NHD vendor drafts; SELLER signs] — sellers typically order from firms like JCP, Disclosure Source, Property I.D., etc. Appears: Seller's disclosure packet. Legal basis: Civ. Code §§ 1103 et seq. Six zones the NHD covers:

Special Flood Hazard Area (federally designated).
Dam Inundation Area.
Very High Fire Hazard Severity Zone (locally responsible).
Wildland Area (state responsibility).
Earthquake Fault Zone (Alquist-Priolo).
Seismic Hazard Zone (liquefaction, landslide).

California is the only state that requires an NHD. Timing: As soon as practicable before transfer; same rescission window as TDS. How to find: Order from any licensed NHD company. Vendor delivers a completed statement in a few days; typical cost $75–$150.

Megan's Law Notice — Civ. Code § 2079.10a

Ownership: Language required in every residential PSA (1–4 units). Appears: In the PSA itself. Verbatim language required:

"Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which the offender resides."

Substance-over-form: This is a language requirement, not a form. If you use the C.A.R. RPA-CA, it's already embedded. If you use any other contract template — attorney draft, online FSBO template, or anything else — the exact statutory language above must be present in the PSA. Delivery of the notice is a safe harbor (§ 2079.10a(b)).

Mello-Roos Notice of Special Tax (when property is in a CFD)

Ownership: [TAX AGENCY / COUNTY provides the notice; SELLER orders and delivers] Legal basis: Civ. Code § 1102.6b (seller duty); Gov. Code § 53340.2 (agency duty to furnish). Trigger: Property is subject to a lien of a Mello-Roos Community Facilities District (CFD). Content: Notice of Special Tax showing the maximum authorized tax rate, tax term, and CFD purpose. Delivery: Seller must make a good-faith effort to obtain from each levying agency and deliver to buyer as soon as practicable before transfer. Agency must furnish within 5 working days; may charge up to $15. How to find: Contact the CFD administrator (usually the county Auditor-Controller or a district's own administrator) for the tax bill parcel.

Death-on-Property Disclosure — Civ. Code § 1710.2

Ownership: [SELLER] Rule: A death on the property within 3 years of the buyer's offer is a material fact requiring disclosure. Deaths older than 3 years need not be volunteered. HIV/AIDS occupancy is never required to be disclosed. Seller/agent may not intentionally misrepresent in response to a direct inquiry. Delivery: On TDS or in writing separately.

Supplemental Property Tax Notice — Civ. Code § 1102.6c

Ownership: Language required in the PSA (or in a separate signed notice); form typically embedded in C.A.R. Form SPT. Verbatim requirements: § 1102.6c prescribes notice text (≥12-pt) and title (≥14-pt) warning the buyer that a change of ownership triggers a supplemental assessment and one or two supplemental tax bills. Substance-over-form: Non-Realtor sellers must include the statutory language in the contract or as an attached signed notice. The C.A.R. RPA-CA already includes it.

Water Heater Strapping Statement of Compliance — Health & Safety Code § 19211

Ownership: [SELLER] — the statute requires the seller to certify in writing. Appears: In the PSA or attached (often combined with smoke/CO on one form). Statutory language (paraphrased): All new, replacement, and existing residential water heaters must be braced, anchored, or strapped to resist earthquake displacement; the seller must certify to the buyer that this section has been complied with. Substance-over-form: A written seller certification satisfies the statute. C.A.R. Form WHSC or the combined WHSD form is one delivery vehicle; a stand-alone letter with the certification also works.

Smoke Alarm + Carbon Monoxide Detector Statement of Compliance

Ownership: [SELLER] Legal basis: H&S Code §§ 13113.7 & 13113.8 (smoke); §§ 13260 et seq. & 17926 (CO — Carbon Monoxide Poisoning Prevention Act). H&S Code § 13113.8(b) requires the transferor to deliver a written statement of compliance that the single-family dwelling has an operable, State Fire Marshal–approved smoke alarm. CO device required in dwellings with a fossil-fuel appliance, fireplace, or attached garage. Substance-over-form: Written seller certification satisfies. C.A.R. Form SDCD or WHSD combined is one delivery vehicle.

Grant deed

Ownership: [TITLE/ESCROW drafts]; seller signs. Legal basis: Civ. Code § 1113. Recording: With County Recorder; race-notice priority under § 1214.

Preliminary Change of Ownership Report (PCOR)

Ownership: [TITLE/ESCROW] typically prepares; seller signs. Legal basis: Rev. & Tax. Code § 480.3. Appears: Filed with county assessor concurrently with the deed. Records ownership change for property-tax reassessment.

Documentary Transfer Tax (county + city)

Ownership: [TITLE/ESCROW] calculates and remits at recording. County rate: $0.55 per $500 ($1.10 per $1,000) under Rev. & Tax. Code § 11911. City transfer taxes stack — see § 8.

SOMETIMES-required documents (only when triggered)

HOA / common-interest development — Civ. Code § 4525

Trigger: Property is in a CID (HOA, condo, PUD, co-op). Ownership: [SELLER, using materials from HOA / MGMT CO] Statutory items: Governing documents (declaration, bylaws, rules), CC&Rs, current budget, financials, assessment and reserve information, minutes of the last 12 months, pending-litigation disclosures, insurance summary. How to find: Request the resale package from the HOA management company; typical cost $200–$500 depending on association.

Well / septic

Trigger: Property has private well or septic. Rule: No single statewide POS well or septic inspection. County-level regimes vary (e.g., some Bay Area counties have septic requirements at transfer). Disclose on TDS.

Earthquake safety — Gov. Code § 8897 / Civ. Code § 2079.9

Trigger: Home built before 1960 (and some post-1960 properties in specific seismic zones). Ownership: [SELLER] provides the state-published booklet "The Homeowner's Guide to Earthquake Safety." Substance: Standardized statement of compliance; can be a check-box completion in TDS/RECR.

AB 38 / AB 3074 — Defensible space + retrofit list

Trigger: Property in a High or Very-High Fire Hazard Severity Zone (VHFHSZ) or State Responsibility Area (SRA). Ownership: [SELLER] — obtains documentation of compliance with defensible space (Public Resources Code § 4291) before close of escrow, OR obtains a written buyer agreement to comply within one year. Recent change (flag): Effective July 1, 2025, the seller must also:

Provide the State Fire Marshal's Low-Cost Retrofit List.
Disclose which retrofits were completed during the seller's ownership.
Disclose known structural vulnerabilities (gaps in eaves, siding, roofing).
AB 3074 adds "ember-resistant Zone 0" (0–5 ft from structures).

How to find: State Fire Marshal / CAL FIRE (fire.ca.gov, readyforwildfire.org). Local fire agency inspection required in many jurisdictions.

Marital status / community property

Trigger: Seller is married. Rule: Community real property requires both spouses to join in the conveyance (Family Code § 1102). Even sole-title property acquired during marriage is presumed community. Separate-property analysis may require attorney advice.

Trust / entity

Coordinate with entity counsel; title requires certificate of trust or entity authorizing resolution + good standing certificate from CA Secretary of State.

Estate / probate

Personal representative's deed; letters testamentary; possibly § 850 or § 13100 procedure for smaller estates.

FIRPTA + CA FTB 593

Federal FIRPTA: See § 6. California withholding: Non-resident sellers of CA real property are subject to withholding at 3⅓% of sale price or elected gain — reported on FTB Form 593 (Real Estate Withholding Statement). Escrow withholds and remits. Exemptions: Principal-residence sale under $100k threshold; § 121 exclusion; loss transaction; and others.

Power of attorney

Notarized; if attorney-in-fact signs a recorded instrument, POA must generally be recorded first (or with the instrument).

Tenant-occupied — Tenant Protection Act (AB 1482) + estoppel

Trigger: Property has tenants. Rule: AB 1482 (Civ. Code §§ 1946.2, 1947.12) imposes just-cause and rent-cap requirements on most residential rentals over 15 years old. Sellers must deliver TPA disclosure to buyer; disclosure to tenant of statutory tenant protections. Estoppel certificates and lease assignment standard.

CLUE

Seller orders from LexisNexis Consumer Center; disclose relevant claims on TDS.

Open permits

Check with local building department (City of LA LADBS; SF Department of Building Inspection; etc.). Close out open permits before closing.

Solar panels

Owned: Transfer warranty; provide invoices; UCC-1 search for fixture-filings that may need release. Leased/PPA: Coordinate with SunRun / Sunnova / etc. for lease assumption or payoff; assumption typically requires buyer credit approval.

Federal overlays

See master methodology § 8. Applied to California:

Lead paint (pre-1978) — federal EPA disclosure + 10-day inspection window. Not satisfied by TDS.
FIRPTA — non-foreign affidavit at closing; escrow withholds if seller is foreign.
1099-S — escrow files.
FinCEN RRE Rule (effective March 1, 2026) — escrow files if buyer is a legal entity or trust paying all cash.
Wire fraud — escrow.

Prescribed-language items (substance over form)

California has more prescribed-language statutes than any other state. For each, describe the language, cite the statute, note the C.A.R. form vehicle, and describe the non-Realtor path:

Item	Statute	Where required	Non-Realtor path
Megan's Law notice	Civ. Code § 2079.10a	In PSA (verbatim)	Paste statutory language into any PSA template
Supplemental property tax notice	Civ. Code § 1102.6c	In PSA or attached notice (verbatim)	Paste statutory language, ≥12 pt / ≥14 pt title
Water heater strapping statement	H&S Code § 19211	Written seller certification	Stand-alone letter with the certification
Smoke alarm + CO compliance statement	H&S Code §§ 13113.8, 17926	Written seller certification	Stand-alone letter
Radon disclosure	(not statewide — CA has no verbatim radon statute)	—	—
Death-on-property	Civ. Code § 1710.2	On TDS or in writing	Include in TDS Section I or attach

Local / municipal overlays

City transfer taxes (not exhaustive):

Los Angeles Measure ULA (per LA Office of Finance): "Effective for transactions closing after June 30, 2026, the new ULA thresholds will be $5,400,000 and $10,900,000. Transactions greater than $5,400,000 but less than $10,900,000 will be assessed a 4% tax, and transactions of $10,900,000 or greater will be assessed a 5.5% tax." Applied to the entire consideration, not just the amount above the threshold. Stacks on top of the base LA doc tax and county tax.
San Francisco tiered doc transfer tax (per SF.gov): tiered from 0.5% up to 6% applied to the entire price on top-tier transactions; specifically, "If entire value or consideration is $25,000,000 or more, your tax rate is $30.00 for each $500 or portion thereof."
Oakland, Berkeley, Culver City, Santa Monica: various local transfer taxes.

Point-of-sale ordinances:

San Francisco: energy/water conservation requirements at time of sale.
Berkeley RECO (Residential Energy Conservation Ordinance): energy audit and retrofits at sale.
Los Angeles: low-flow/retrofit certificate of compliance (LADBS).
East Bay MUD sewer-lateral inspection at sale in participating cities (Oakland, Berkeley, Piedmont, others).
Local defensible-space inspections administered by local fire agencies under AB 38.

Post-closing obligations

Record grant deed + PCOR with county recorder + assessor.
Pay county + city documentary transfer tax at recording.
FTB 593 filed/remitted by escrow for non-resident sellers.
1099-S filed by escrow.
IRC § 121 exclusion applies federally; California conforms.
Capital gains — CA taxes as ordinary income; consult tax advisor.

Federal overlay cross-reference

See master methodology § 8.

Official links & primary citations

Statutes (California Codes — official at leginfo.legislature.ca.gov)

Civ. Code §§ 1102 et seq. — TDS.
Civ. Code § 1103 — NHD.
Civ. Code § 1102.6b — Mello-Roos (seller duty).
Civ. Code § 1102.6c — Supplemental property tax notice.
Civ. Code § 1102.19 — AB 38 wildfire disclosure.
Civ. Code § 2079.10a — Megan's Law notice.
Civ. Code § 1710.2 — Death on property.
Civ. Code § 1113 — Grant deed.
Civ. Code § 1214 — Recording priority.
Civ. Code § 4525 — CID (HOA) disclosure.
Family Code § 1102 — Community property joinder.
H&S Code § 19211 — Water heater strapping.
H&S Code §§ 13113.7–.8 — Smoke alarms.
H&S Code §§ 13260 et seq., 17926 — CO detectors.
Rev. & Tax. Code § 11911 — Documentary transfer tax.
Rev. & Tax. Code § 480.3 — PCOR.
Gov. Code § 8897 — Earthquake safety pamphlet.
Gov. Code § 53340.2 — Mello-Roos notice provision.
Public Resources Code § 4291 — Defensible space.

Cases

Easton v. Strassburger, 152 Cal.App.3d 90 (1984) — agent visual inspection duty.

Official sources

California Department of Real Estate (DRE): dre.ca.gov
California Legislative Information: leginfo.legislature.ca.gov
Franchise Tax Board (Form 593): ftb.ca.gov
CAL FIRE (defensible space / FHSZ maps): fire.ca.gov / readyforwildfire.org
LA Office of Finance (Measure ULA): finance.lacity.gov
SF.gov (transfer tax): sf.gov/transfer-tax
County recorder locator: sco.ca.gov (State Controller lists all 58 county recorders)

LEGAL DISCLAIMER (bottom): This is a compilation, not legal advice. California disclosure law is the most extensive of any U.S. state and changes frequently: AB 38 retrofit list disclosure took effect July 1, 2025; SB 696 RON build-out remains in progress; LA Measure ULA thresholds adjusted for 2026; Mello-Roos, TPA, and city transfer-tax rules keep evolving. Verify the current statute, current C.A.R./attorney form edition, and current city/county overlays for the specific property before relying on any item, and consult a licensed California attorney or REALTOR® for any live transaction.

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