Thinking about listing your San Rafael home this spring? One of the first questions most sellers ask is what they must disclose to buyers. It is a smart question because clear, complete disclosures build trust, reduce risk, and help your sale move smoothly. In this guide, you will learn what forms California sellers provide, which San Rafael factors often appear in reports, and how to organize everything on a simple spring timeline. Let’s dive in.
Required California disclosures
Real Estate Transfer Disclosure Statement (TDS)
The TDS is the standard seller-completed form that covers the property’s condition and any known defects. It asks about systems, structural items, water intrusion, pests, appliances, and neighborhood nuisances. The purpose is to inform buyers of material facts you know so everyone can make informed decisions and avoid post-sale disputes. You complete it with your agent’s support, and it is best to have it ready at or before listing.
Seller Property Questionnaire (SPQ)
The SPQ is a common supplemental form used in California that goes deeper than the TDS. It asks about repair history, permits, disputes, water intrusion, and other facts you know about the property. While not a statutory form, it is widely used and helps limit liability by documenting what you disclose. Buyers appreciate the added context when reviewing your home.
Natural Hazard Disclosure (NHD) report
An NHD report states whether the property is in mapped hazard zones, such as floodplains, Very High Fire Hazard Severity Zones, fault zones, landslide, or liquefaction areas. California law requires disclosure of certain natural hazards. Most sellers or listing agents order this report from a third-party vendor early in the process. Many agents order it at listing so buyers can review it right away.
Lead-based paint disclosure
For homes built before 1978, federal rules require a lead disclosure form and an EPA/HUD lead booklet. If you know of lead-based paint hazards, you must disclose them. If you have reports or testing results, include those in your packet.
Other common documents in California
- Pest or termite inspection reports when available or recommended.
- Preliminary title report, which helps surface liens, easements, or encumbrances.
- HOA documents for common-interest communities, including CC&Rs, budgets, minutes, and reserve information.
- Known material facts about mold, water intrusion history, death on the property where required, and any environmental concerns.
- Permit records and information about any unpermitted work or additions.
San Rafael and Marin factors to expect
Earthquakes and liquefaction
San Rafael is in a seismically active region. NHDs commonly note proximity to mapped fault zones and areas with liquefaction potential, especially in low-lying or filled areas. You should disclose any known seismic-related issues or past foundation work.
Flooding and sea-level considerations
Proximity to the Bay, the San Rafael Canal, and tidal areas means some neighborhoods have flood risk. FEMA flood zone status often appears in NHDs, and buyers may ask about flood insurance. If you have past drainage or flood improvements, include that history.
Wildfire and defensible space
Some San Rafael properties near open space or in the hills may appear on CalFire fire severity maps. NHDs will flag these zones. If you have made defensible space improvements or received notices, disclose those details.
Landslide and slope stability
Hillside locations can present slope or landslide potential that often shows up in geology or hazard reports. Share known information about retaining walls, slope repairs, or drainage work.
Soils, drainage, and private utilities
In Marin, some properties use septic systems or private wells. Disclose septic and well status, permits, service history, and any known failures. In low-lying areas, settlement or liquefaction susceptibility can appear in geological notes.
Permit history and unpermitted work
Many older Marin homes have been remodeled over time. Buyers expect to see permit histories from the City of San Rafael or Marin County as applicable. If you know of unpermitted work or converted spaces, you must disclose that.
Historic or design review
If your property falls within any historic guidelines or design review areas, note the restrictions and provide any documentation you have.
HOAs, assessments, and local rules
If your home is part of an HOA, assemble the governing documents and any notices of special assessments. If the property has been used as a rental, disclose relevant permits or registrations for short-term or long-term rental requirements.
Spring listing timeline
6 to 8 weeks before listing
- Meet with your agent to review required disclosures and the best plan for your home.
- Begin completing the TDS and SPQ. Start a folder for receipts, permits, and warranty records.
- Order the NHD report so it is ready for buyers at launch.
- Open a preliminary title report to surface and address liens or other recorded items.
4 to 6 weeks before listing
- Request building permit records from the City of San Rafael or Marin County if needed. This can take days to weeks.
- Schedule targeted pre-listing inspections if advisable, such as pest, sewer lateral, roof, or HVAC.
- If your home was built before 1978, assemble lead-based paint disclosures and any prior test results.
2 to 3 weeks before listing
- Gather HOA documents: CC&Rs, bylaws, budgets, reserve study, minutes, and assessment notices.
- Compile recent property tax bills, special assessments, and utility bills if helpful for buyers.
- Finalize the TDS and SPQ with your agent and review the NHD for accuracy.
1 week before listing
- Combine everything into a single disclosure packet for showings and for the MLS.
- Confirm delivery and signature workflows so buyers receive the packet promptly when they express interest.
- If pre-listing repairs were completed, add receipts and warranties to your packet.
Seller packet checklist
Include the following items in one organized packet:
- Completed TDS and SPQ forms.
- NHD report.
- Lead-based paint pamphlet and disclosure if built before 1978.
- Preliminary title report and a copy of your deed.
- Building permits and final approvals, or notes on missing permits.
- Recent property tax bill and any special assessment details.
- HOA documents: CC&Rs, bylaws, budgets, reserve study, minutes, assessment notices.
- Pest inspection and any pre-listing reports, such as roof, HVAC, sewer lateral, or foundation.
- Records of repairs, warranties, and contractor invoices.
- Insurance loss history if relevant, and tenant lease details if the property is a rental.
What your agent coordinates
Vendor and report management
Your agent educates you on required disclosures and recommends pre-listing inspections where helpful. They provide the TDS and SPQ and help you complete them accurately. They order the NHD, confirm property details, and coordinate with title and escrow to open a preliminary report.
Document collection and delivery
A good agent collects permits, receipts, HOA documents, and inspection reports into one disclosure packet. They deliver everything early, often at listing or before an offer, which reduces delays. They also keep dated proof of delivery to protect you during and after escrow.
Licensed, local expertise
Agents should use licensed, insured vendors who understand Marin’s conditions. That includes pest inspectors, sewer-scope providers, and reputable NHD providers. Early coordination means faster answers to buyer questions and fewer last-minute surprises.
How organized disclosures protect your sale
- Fewer escrow delays because issues surface and are addressed early.
- Reduced liability because complete disclosures make disputes less likely.
- Better pricing decisions because you and your agent know the property’s true condition.
- More buyer confidence that can improve your pool of qualified offers.
Timing, costs, and expectations
- NHD reports are typically low cost and arrive within 1 to 3 business days when ordered at listing.
- Pest inspections often schedule quickly. Specialized inspections like sewer scopes can take 1 to 2 weeks depending on vendor calendars.
- Retrieving permit records can range from days to weeks based on the jurisdiction and age of the home.
Risk management tips
- Be truthful and thorough. The most common disputes stem from undisclosed known issues.
- When you are unsure about permits, complex defects, or title matters, ask your agent to help you find the right professional, including legal counsel when needed.
- Use pre-listing inspections strategically. Address or disclose issues up front, or price accordingly to reduce renegotiation risk later.
Get help from Brannan Palmer Group
If you want a calm, well-orchestrated listing experience this spring, bring your questions and your paperwork to a team that handles the details. Brannan Palmer Group pairs boutique, relationship-first service with Compass tools, including Concierge for pre-sale improvements, so your disclosures, vendor work, and marketing all run in sync. We help you assemble a complete packet early, boost buyer confidence, and protect your outcome from listing through close. Ready to start? Connect with Kristen Palmer to request your complimentary home valuation.
FAQs
What must San Rafael home sellers disclose?
- Sellers disclose known material facts about the property’s condition and legal status, plus required items like the TDS, the SPQ, the NHD report, and lead-based paint disclosures for pre-1978 homes.
When do California buyers receive disclosures?
- Buyers receive disclosures before transfer of the property, and many agents provide them at listing or early in showings to avoid delays.
Do I need to make repairs before I list?
- There is no universal requirement to repair, but you must disclose known defects; pre-listing repairs are a strategic choice to support pricing or reduce buyer objections.
What happens if a seller fails to disclose an issue?
- Failing to disclose a known material defect can lead to rescission, damages, or legal claims, which is why thorough, early disclosure is best.
Will disclosures slow down escrow?
- Late or incomplete disclosures can cause delays, while a complete packet delivered early usually speeds up review and negotiations.
Who orders the Natural Hazard Disclosure report?
- The listing agent often orders the NHD at or before listing, or the seller can order it through title, escrow, or a disclosure vendor.
