California Civil Code §§ 1101.4 and 1101.5 require, with some exemptions, that noncompliant plumbing fixtures must be replaced by water conserving fixtures as a virtue of ownership (regardless of if the property is being transferred). This, along with the replacement date requirements and also whether the real property includes any noncompliant plumbing fixtures, must be disclosed in writing by the seller to the acquirer.
The California Association of Realtors (CAR) has the following forms available to aid in this disclosure:
- California Transfer Disclosure Statement (TDS), which is used in conjunction with the CAR form "Seller Property Questionnaire" (SPQ).
- "Exempt Seller Disclosure" (ESD) when the sale is TDS exempt
- "Conserving Plumbing Fixtures & Carbon Monoxide Detector Notice" (WCMD) is an optional form.
How Do I Get the Correct Disclosure Form?
We will provide you a copy of any CAR disclosure form for free upon submitting a flat fee MLS listing through our website.