When No Disclosures Are Required

There are a few cases where a real property transfer does not require disclosures.

  • New home, because the buyers gets a public report instead
  • Foreclosure1
  • Court ordered transfer
  • Transfer to a decedent, guardianship, conservatorship
  • Transfer within a trust (unless the trustee is a former owner)
  • Transfer to a spouse
  • Transfer to a child, grand child, great grant child
  • Transfer from the dissolution of a marriage
  • Transfer from a co-owner to another
  • Transfer by the State Controller of unclaimed property
  • Transfer from failure of paying taxes
  • Transfer to or from any governmental entity

1 Note that a home in the foreclosure process and sold as a Short Sale still requires a TDS. The Foreclosure Transfer mentioned here is when the sale happens at an auction. The is the only truly “AS IS” sale there is in California.

Sources: CAL. CIV. § 1102, CAL. CIV. § 1102.2, CAL. CIV. § 1102.3

WARNING: We are not lawyers. We try to provide information about the Californian disclosures in plain English and with a reference to the actual law. Our website pages have absolutely no legal binding whatsoever and may even include mistakes or misleading statements.

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