The Form That Comes With The House
Civ. Code 1102.3 — the transfer disclosure statement, and three or five days to end an offer when it comes late
In California, the disclosure article applies to a sale, exchange, real property sales contract, lease with an option to purchase, or ground lease with improvements of single-family residential property. A waiver of its requirements is void as against public policy.
When it is due. In a sale, the completed statement is delivered as soon as practicable before transfer of title.
| A disclosure delivered after an offer is made | The buyer may terminate the offer within |
|---|---|
| A disclosure delivered after an offer is madeDelivered in person | The buyer may terminate the offer withinThree days after delivery |
| A disclosure delivered after an offer is madeDelivered by mail | The buyer may terminate the offer withinFive days after delivery |
| A disclosure delivered after an offer is madeDelivered as an electronic record | The buyer may terminate the offer withinFive days after delivery |
Liability. A transfer is not invalidated because someone failed to comply, but a person who willfully or negligently fails to perform a duty under the article is liable for the buyer's actual damages. The seller is not liable for an error outside the seller's personal knowledge that came from a public agency or a licensed expert, if ordinary care was used.
Not covered. Court ordered sales, foreclosure sales and transfers to a lender after default, among others the article lists.
Fraud and misrepresentation claims outside the disclosure law are not on this page. Whether a particular defect had to be disclosed, and what a buyer or seller can recover, are questions for a licensed California attorney.
Sources for this section (5)
- Civ. Code 1102.3 — Delivery of the disclosure statement; termination of offer
- Civ. Code 1102 — Disclosures upon transfer of residential property; application
- Civ. Code 1102.2 — Transfers the disclosure article does not cover
- Civ. Code 1102.4 — Liability for error, inaccuracy or omission
- Civ. Code 1102.13 — Failure to comply; actual damages
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.