Do I have to disclose unpermitted work in San Francisco?

Yes — always. Unpermitted bathrooms, in-law units, decks, and additions are very common in SF housing stock. They are not deal-killers when disclosed up front. They become deal-killers when discovered in inspection or after close.

What's a 3R Report and do I need one?

The 3R Report is the SF Department of Building Inspection's report of permit history, complaints, and code enforcement on a specific property. It's standard practice (effectively required) to include it in the disclosure package for any SF sale. Order it the week you sign the listing agreement.

Do I disclose a prior tenant buyout?

Yes. Any buyout that was filed with the SF Rent Board appears in their records and must be disclosed. Buyers and their attorneys check buyout history because the building's rent-control status is affected.

What if I don't know about a defect?

California disclosure law is about what you know — not what you should have known. But the SPQ asks about a lot of things you might assume you don't have to mention. The safe rule: if it crosses your mind during the meeting, write it down.

Can I sell 'as-is' and skip disclosures?

No. 'As-is' refers to who pays for repairs — it does not waive your statutory disclosure obligations. You still complete the TDS, SPQ, NHD, and SF-specific disclosures whether the sale is as-is or fully prepped.

California Seller Disclosure Requirements: The SF Edition

What you must disclose when selling a home in California — and the extra layers San Francisco adds. A plain-English walk through the TDS, SPQ, NHD, 3R Report, and the city-specific items that catch out-of-area sellers.

Why disclosure matters more in San Francisco

California is one of the most disclosure-heavy real estate markets in the country. San Francisco then adds its own layer — DBI permits, soft-story status, condo association financials, rent-control history. Get this wrong and you have a lawsuit; get it right and you have a clean sale and a calm escrow.

Christopher's principle: Over-disclose. Always. Every claim I have seen against a seller in 15+ years was about something the seller knew and didn't write down. Almost none were about something they disclosed and the buyer signed off on.

If you're earlier in the timeline, start with the step-by-step selling process.

The standard California disclosure stack

Every California residential resale includes:

Document	What it does	Who completes
TDS (Transfer Disclosure Statement)	Statutory disclosure of known material facts	Seller
SPQ (Seller Property Questionnaire)	Broader supplemental questions	Seller
NHD (Natural Hazard Disclosure)	Flood, fire, seismic, Megan's Law	Third-party provider
Lead-based paint disclosure	Pre-1978 homes	Seller
Earthquake hazards booklet	Provided to buyer	Provided
Environmental hazards booklet	Provided to buyer	Provided
Mello-Roos / 1915 Act	If applicable	Title / NHD
Megan's Law notice	Provided to buyer	Provided
Smoke/CO detector compliance	Statement of compliance	Seller
Water heater bracing	Statement of compliance	Seller

The San Francisco-specific layer

SF item	What it is	When required
3R Report	DBI's report of permits, complaints, and code enforcement history	Required at sale
Energy/Water Conservation Compliance	SF requires water and energy retrofits	Inspection at sale
Sewer lateral disclosure	SF expects sewer lateral condition disclosed	Standard practice
Soft-story compliance	Wood-frame multi-unit buildings 1978 and earlier	Required by ordinance
Mandatory seismic retrofit	For applicable building classes	Required by ordinance
Tenant disclosure	Rent-control status, current tenancies, prior buyouts	Required for tenant-occupied
Underground tank	If present	Required

The 3R Report and the energy/water inspection are the two SF items most out-of-area sellers forget. Both need to be ordered with enough lead time to land in the disclosure package before listing.

Disclosure-heavy categories that need extra care

Tenant-occupied properties

If your property is or recently was tenant-occupied, you must disclose:

Current rents and tenancies
Whether any unit is subject to SF rent control
Any prior buyouts (filed with the Rent Board) — see the tenant buyouts guide
Any prior Ellis Act filings
Any open or recent code violations
Any tenant disputes, nonpayment history, or pending eviction — see tenant nonpayment guide

Buyers and their attorneys read this carefully because SF rent control rules bind to the unit forever — they don't reset at sale.

Condos and TICs

In addition to the standard package:

HOA governing documents (CC&Rs, bylaws, rules)
Last 12 – 24 months of HOA meeting minutes
Current budget and reserve study
Master insurance policy
Litigation disclosure (any current or pending lawsuits involving the HOA)
Pending special assessments
For TICs: TIC agreement, group loan terms if applicable

Properties with deferred maintenance or non-permitted work

All non-permitted improvements must be disclosed
Any structural issues, leaks, foundation movement, sewer lateral issues
Past insurance claims
Any past fire, flood, or seismic damage

Non-permitted bathrooms, in-law units, and decks are very common in SF housing stock and are not deal-killers if disclosed properly. They become deal-killers when discovered late.

How I handle disclosures with my sellers

Pre-listing meeting — I walk the property with you and we map out every item that may be disclosable.
3R Report and energy/water — ordered the same week we sign the listing.
Pre-listing inspections — general, pest, sewer lateral, roof if older.
Disclosure draft — your TDS and SPQ filled out in long form, not minimum-checkbox form.
Package assembly — everything in one PDF that buyer agents can hand to buyers and attorneys.
Public push — disclosures live in the MLS confidential remarks and on a private link in the listing.

This sounds heavy. In practice it takes 7 – 10 days and saves us 30 days of escrow drama.

What happens if you under-disclose

The exposure is real:

The buyer can rescind during the inspection contingency.
After close, the buyer can sue for actual damages, rescission, and potentially punitive damages.
Statute of limitations on real estate fraud is generous — claims can surface years later.
Your E&O coverage (and your agent's) does not cover known-but-undisclosed facts.

The cure is simple: write it down. Buyers don't sue over things they accepted on paper.

Common disclosure questions I get

"Do I have to disclose that my neighbor is loud?"

If it's a material, recurring, known issue, yes. Subjective complaints about routine neighborhood life — typically not. When in doubt, write it down.

"What about deaths in the home?"

California requires disclosure of deaths on the property within the last three years (and disclosure of any death if asked).

"What about pets?"

Allergens, prior staining, and any structural damage from pets — yes. Just that you had a dog — no.

"Do I disclose the offer that fell out of escrow?"

Disclose the facts the prior buyer discovered (any inspection findings) — yes. The fact that an offer fell out — not required, but I'll usually recommend it for transparency.

Next steps

Read the step-by-step selling process for how disclosures fit into the full sale timeline, and the home prep guide for what to fix versus what to disclose-and-credit.

📞 Have a tricky disclosure question? Reach me through the contact page. I'd rather you ask twice than under-disclose once.