The Transfer Disclosure Statement (TDS) helps sellers comply with California Civil Code §§ 2079 et seq. and 1102 et seq. to disclose material facts about a property when it is being transferred. There are two different forms of the TDS:
- Real Estate Transfer Disclosure Statement (for real property)
- Mobile/Manufactured Home Transfer Disclosure Statement (for personal property)
The California Association of Realtors (CAR) has both of these forms available. In some cases (see CAR Sales Disclosure Chart), a seller is exempt from providing a Transfer Disclosure Statement, in which case the CAR form "Exempt Seller Disclosure" (ESD) is used. If a TDS is required, then the CAR purchase contract will also require the form "Seller Property Questionnaire" (SPQ).
How Can I get a Copy of the "Transfer Disclosure Statement" (TDS) Form?
We will provide you a copy of any CAR disclosure forms for free upon submitting a flat fee MLS listing through our website.
I Am Doing an "As Is" Sale, Do I Still Need to Complete This?
Yes, unless you are exempt, in which case you'd complete the CAR form "Exempt Seller Disclosure" (ESD) instead.