Selling a home in California means filling out more disclosure forms than most states require. And Danville and Alamo, even though they're neighbors, have different requirements because Danville is an incorporated city and Alamo is unincorporated Contra Costa County.
Most sellers don't realize this until they're already under contract. Then their agent drops a stack of forms on them and says "you need to fill these out." That's when the questions start. "Wait, I have to disclose that? I forgot about that. Does that count?"
Let me walk through what you're actually required to disclose, what surprises most sellers, and what happens if you get it wrong.
The Core Forms (Everyone's Got to Do These)
The Transfer Disclosure Statement (TDS): This is the big one. You fill it out. Personally. Your agent can't do it for you. It covers everything about your house's physical condition, roof, foundation, plumbing, electrical, major systems, appliances. But also non-physical stuff like boundary disputes, easements, neighborhood nuisances, and any unpermitted work or additions.
The Natural Hazard Disclosure (NHD): A third party runs this report. It checks whether your property sits in any of six designated hazard zones: flood zones, earthquake fault zones, seismic hazard zones, fire hazard severity zones, dam inundation zones, or wildland fire areas. Costs $50-$150. Danville and Alamo sellers both need this.
Lead-Based Paint Disclosure: If your home was built before 1978, federal law requires you to disclose it and give buyers an EPA pamphlet. You must allow 10 days for lead inspection.
What Surprises Sellers Most
Tobacco/Smoke Residue (New in 2026):
Effective January 1, 2026, California Assembly Bill 455 requires sellers to disclose:
Any known third-hand smoke or tobacco residue on the property
Whether anyone has smoked inside the home during your ownership
This catches people off guard. You don't have to volunteer it if there's no residue, but if you know someone smoked inside, you have to say so. Remediation can be expensive, and buyers will factor this into their offer.
Death on the Property (Within 3 Years):
California Civil Code Section 1710.2 requires disclosure if anyone died on the property within 3 years of your buyer's offer. This applies to any cause of death, natural, suicide, homicide, accident. Doesn't matter. The statute creates no exception.
After 3 years, you don't have to volunteer it. But if the buyer asks directly, you must answer truthfully.
HOA Litigation:
If your home is in an HOA (Blackhawk communities in Danville fall under this), you must disclose pending or threatened HOA litigation. This includes disputes over special assessments, construction defects, board conflicts, or maintenance issues. Buyers discover these later and sue sellers for nondisclosure. It happens constantly.
Danville vs. Alamo: The City/County Difference
Danville (Incorporated City):
Danville city government maintains specific purchase agreement addenda. You follow Danville ordinances plus California state law. Danville has a town planning department that creates local requirements.
Alamo (Unincorporated Contra Costa County):
Alamo is governed by Contra Costa County, not a city. This means different addendums apply, including:
Seismic Gas Shutoff Valve Compliance: Required in unincorporated Contra Costa County including Alamo. You must certify compliance or note non-compliance in writing.
Water Heater Bracing: California law requires water heaters to be braced, anchored, or strapped. Costs under $30 but must be disclosed/certified.
Sewer Lateral Compliance: Certain unincorporated areas require private sewer lateral inspection and compliance certification (though Alamo specifically may have different rules, verify with your escrow).
Both Danville and Alamo sellers must review the Contra Costa County Disclosures & Disclaimers Advisory and their specific city/county addendums.
What Happens When You Miss Something
Civil Code § 1102.13 Liability:
Willful or negligent failure to disclose results in liability for actual damages. Not just repair costs, the difference between what buyers paid and the actual value with the defect disclosed.
Statute of Limitations:
Generally 2 years from closing. But if fraud is discovered, it extends to 3 years from discovery. If the defect couldn't reasonably have been discovered earlier, the window extends further.
Rescission:
Buyers can unwind the entire transaction and get their money back if nondisclosure was material enough.
The Smart Move
Complete the TDS thoroughly and honestly. Don't guess. If you're unsure whether something counts as "material," disclose it. Order the NHD report early. Review the Contra Costa County addendums. If you're in Danville specifically, ask your title company about Danville-specific requirements.
The sellers who avoid litigation aren't the ones with perfect homes. They're the ones who were transparent about what they knew.
Want to walk through your specific disclosure obligations before you list? Let's talk through what applies to your property. I'll make sure you're not blindsided by forms you didn't expect or liabilities you didn't know about.
-Kelly
