Seller disclosure updates

California sellers must disclose known facts that affect a home's value or desirability. Two rules that took effect January 1, 2026, add to that list.

New on January 1, 2026

• Smoking and vaping (AB 455, Civil Code 1102.6k): sellers of 1 to 4 unit homes must disclose in writing what they actually know about smoking or vaping on the property. You don't have to investigate.
• Altered photos (AB 723, Business and Professions Code 10140.8): a listing photo that was digitally altered, beyond basic edits like brightness or cropping, must say so, and the unaltered photo must be available.

The forms every seller fills out

• Transfer Disclosure Statement (TDS): the condition of the home and its systems, as you know it.
• Natural Hazard Disclosure (NHD): flood, fire, and earthquake zones. A third-party report usually covers this.
• Seller Property Questionnaire: more detail, such as repairs, permits, and neighborhood noise.
• Lead paint disclosure for homes built before 1978.

Good practice

Disclose early and in writing. Pre-listing inspections help, because buyers see the reports up front and there is less to renegotiate in escrow. For legal questions about your situation, talk to a real estate attorney.

Sources: AB 455 (2025) bill text, AB 723 (2025) bill text.

General information as of October 21, 2026, not legal or tax advice. Rules change and local ordinances differ. Confirm the details for your property with the agency named above, an attorney, or a tax advisor.