What Are the “Must-Disclose” Items When Selling Your Home in 2026?

By Burt Tsuei

A Realtor with 20+ Years of proven track record of high quality service in the San Mateo County/Bay Area. A lifelong Bay Area resident, Burt works with buyers and sellers from Pacifica to South San Francisco to Redwood City and beyond.

What are you legally required to disclose when selling a home? This is one of those things that is easy to overlook, but getting it wrong can create serious problems after closing. Being upfront from the start not only protects you legally, but it also makes the entire sale process smoother and builds trust with buyers.

To prevent bigger problems that could derail your sale, we’ll walk you through the important disclosures sellers need to know and why transparency is so important.

1. Material defects. These are issues with the home that can affect its value or the safety of those living in it. These include foundation cracks, plumbing problems, or faulty electrical systems. Even smaller problems, such as roof leaks or water damage, can influence a buyer’s decision.

The general rule is simple: if it’s something a buyer would want to know before making an offer, it needs to be disclosed. Being clear about these issues upfront prevents surprises later in the process and helps keep the sale on track. Addressing material defects honestly also protects you from potential legal or financial consequences after closing.

2. History of repairs or renovations. If you have completed major work on your home, such as a kitchen remodel, a new roof, or updated systems, it’s important to share this information with buyers. Even when a licensed contractor handled the work, buyers will want to know about any permits, warranties, and problems that were corrected during the process.

This is especially important for high-value renovations that may influence the home’s future market value. Sharing these details also reassures buyers that the home has been properly maintained and cared for.

3. Environmental and health hazards. California sellers must disclose known environmental or health issues such as lead-based paint, radon, asbestos, mold, or smoking-related residue. You also need to disclose natural hazards that are common in California, such as flood zones, earthquake fault lines, fire risk areas, or landslide zones. These are typically addressed in natural hazard disclosures, but if you have direct knowledge of risks affecting your property, transparency is critical.

If you’re aware of any environmental issues, it’s essential to disclose them, even if they seem minor. Failing to do so could result in lawsuits or canceled contracts. When you are unsure whether something should be disclosed, consulting a real estate expert is the safest choice.

Other must-disclose items. Beyond physical defects and environmental concerns, there are other details that can affect a buyer’s decision and must be disclosed. In many cases, this includes deaths that occurred on the property, especially if they were recent or related to the condition of the home. You may also need to disclose neighborhood nuisances such as ongoing noise issues, disputes with neighbors, or nearby activities that could impact quality of life.

If the property is part of a homeowners association, sellers must share relevant HOA information, including fees, rules, special assessments, or any pending disputes. It’s also important to disclose past insurance claims, particularly those related to water damage, fire, or other major incidents. These details help buyers understand the home’s history and any ongoing obligations, allowing them to make a fully informed decision.

By sharing these must-know disclosures, you can avoid legal headaches and make the entire process run more smoothly. Being transparent is not just a legal requirement; it’s also a way to build trust with potential buyers.

Whether you’re ready to sell now or just starting to think about it, I can guide you every step of the way. Reach out today to book a free consultation. I’ll make sure your home sale goes as smoothly as possible.