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Understanding Home Disclosures

Learn how to ask for and decipher CC&Rs (Covenants, Conditions & Restrictions), natural hazard disclosures (including radon & mold), federally mandated disclosures, transfer disclosure statements, material fact issues, geological disclosures and other legal disclosures.

At the time of writing, Elizabeth Weintraub, DRE # 00697006, is a Broker-Associate at Lyon Real Estate in Sacramento, California.

What is a California Transfer Disclosure Statement?
What is a transfer disclosure statement or TDS? How to properly fill out a transfer disclosure statement. Why home buyers sue over transfer disclosure statements. How to read the TDS.

About Homeowner Associations - Condo / Townhome Homeowner Associations
Smart condo buyers ask questions about the homeowner association before buying. Find out before you buy if the HOA is in financial trouble and learn how decipher all the HOA policies before signing an offer to purchase.

Home Disclosures & Material Facts
Home Buyers are entitled to seller disclosures. As a home seller, what do you need to disclose? Are deaths on the property required disclosures? What are material facts? Do you need to disclose recent repairs?

Understanding the HUD-1
In an attempt to simplify the disclosure of closing costs, the government has created the HUD-1, which is a settlement statement comprised of many confusing line item charges. Every item is explained to you, line by line.

Lead-based Paint
Federal law gives buyers 10 days to inspect for lead-based paint (unless the parties agree to waive this right). Just because a property was built after 1978 (when lead paint was banned) does not mean it is free of lead paint. Find out why and how this disclosure protects you.

Radon Gas Testing
Radon gas has been linked to cancer deaths and can contaminate your water sources. Are you at risk? Protect yourself and your family by learning how and why to conduct testing for radon gas.

Toxic Mold
Did you know that issues with mold might not be covered under your home insurance policy and, in fact, pre-existing mold conditions could prevent you from obtaining home insurance? Here's how to find out if that home you're contemplating buying might contain mold and what you can do about it.

Your preliminary title report or title commitment will likely contain information about easements. If you are planning, for example, to put a pool in the back yard, the first thing you better do is figure out if an easement will stop cold those plans. Here are facts about easements and rights of way.

Covenants, Conditions & Restrictions
Many properties have covenants, conditions and restrictions recorded in the public records that affect the use of the property. Here is how to find those CC&Rs and what they might mean to you.

Powder Post Beetles
These don't sing. These beetles eat your wood. Learn more about wood destroying pests and how to inspect for damage before you buy a home.

Fumigation Tent Facts
If the home you plan to buy needs to be tented and fumigated, find out what this process involves from start to finish and how it can affect your family's and pet's health if safety precautions aren't met.

Property Disclosure Statements
Most state laws require the seller to complete a property disclosure statement. In California, it is a Transfer Disclosure Statement and required by Civil Code.

Natural Hazards
Natural Hazard reports are not available in all states. The reports disclose a myriad of conditions that could affect your new home. Find out if your home lies on a fault line, is subject to shifting sands, flooding or fires, environmental protections, if the street maps are accurate, all before you buy.

Fair Housing Act
As a potential homebuyer, by law you cannot be discriminated against nor steered to certain neighborhoods. Read how your rights are protected under the Federal Fair Housing Act.

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