Buying in San Francisco moves fast, and the disclosure package can feel like a wall of PDFs. If you know what to look for, it becomes your roadmap to risk, cost, and confidence. You want clarity before you write a serious offer, especially with older housing stock and layered local rules. In this guide, you’ll learn what each document means, how to spot red flags, and how to use the package to plan inspections, insurance, and negotiation. Let’s dive in.
What a disclosure package does
Disclosure packages exist to share material facts the seller knows that could affect value or safety. In California, certain disclosures are required by law, and others are commonly added to give you more context. The point is transparency so you can decide what to inspect, what to negotiate, and when to remove contingencies.
California law outlines core requirements for seller disclosures and natural hazards. You can review the statutes through the state’s legal portal for the Transfer Disclosure and Natural Hazard rules at the California Legislative Information site. For HOA properties, resale disclosures are guided by the Davis‑Stirling Common Interest Development Act.
Keep in mind that many items reflect the seller’s knowledge and an agent’s visual observations. Disclosures inform your decision. They are not a guarantee of condition. Your inspections and due diligence round out the picture.
What’s inside: core documents
Transfer Disclosure Statement (TDS)
The TDS is the seller’s main statement of known property facts. You will see answers on roof, plumbing, electrical, past water intrusion, mold, pests, improvements, and permits if known. Compare the TDS with other documents to check for consistency.
What to watch:
- Repetitive “no representation” or “unknown” boxes on basic systems
- Mentions of unpermitted work
- References to prior leaks or repairs without invoices or final sign‑offs
Seller Property Questionnaire (SPQ)
The SPQ asks more detailed questions about repairs, insurance claims, neighborhood issues, and any rental or tenant status. Treat it as a cross‑check against the TDS.
What to watch:
- Inconsistencies between the SPQ and TDS
- Evasive phrasing on structural, moisture, or permit history
Agent Visual Inspection Disclosure (AVID)
Agents must document visible conditions from a non‑invasive walk‑through. This is not a technical inspection, but it can flag items worth deeper review.
What to watch:
- Visible water staining, sagging, cracking, or electrical concerns
- Unusual odors that could signal moisture or ventilation issues
Natural Hazard Disclosure (NHD)
The NHD identifies whether the property falls within mapped hazard zones like flood, fault, liquefaction, landslide, or very‑high fire severity zones. It is a starting point for insurance questions, not a risk probability model.
What to watch:
- Floodplains or very‑high fire severity zones that can affect insurance
- Proximity to seismic fault or liquefaction zones
You can explore official maps by reviewing the FEMA Flood Map Service Center and the California Geological Survey’s maps for fault and seismic hazard zones.
Lead‑based paint disclosure
For homes built before 1978, federal law requires sellers to provide a lead hazard disclosure and any reports. The EPA explains the rules and health considerations on its lead disclosure page.
What to watch:
- Older windows, trim, and painted surfaces that may require testing or careful renovation
Pest and wood‑destroying organism reports
Pest inspectors document active infestation, dry rot, and conditions that could lead to damage. Lenders may require this report in some cases.
What to watch:
- Active termites or structural dry rot
- Recommended structural repairs without documentation of completion
Seller‑provided inspections
Some sellers provide pre‑listing inspections such as general home, roof, sewer lateral, and foundation assessments. These are useful, but you should decide whether to obtain your own inspections for confirmation.
What to watch:
- Significant findings without repair invoices or warranties
- Reports that limit buyer reliance or deny permission to cite the report’s conclusions
HOA and condominium resale package
For condominiums and common‑interest developments, you will receive CC&Rs, bylaws, budgets, reserve studies, financial statements, meeting minutes, and any disclosures about special assessments or litigation. The framework for these items is found in the Davis‑Stirling Act.
What to watch:
- Low reserves relative to building needs
- Pending litigation that may affect financing or future costs
- Recent or looming special assessments
- Use and rental restrictions that affect your plans
Preliminary title report
The title company lists recorded easements, liens, and restrictions that run with the property. Review exceptions carefully with your agent and lender.
What to watch:
- Undisclosed liens or mechanics’ liens
- Easements that limit use or access
Permits and final approvals
San Francisco homes often have decades of improvements. Confirm which projects received permits and final inspections. You can review permit history and program guidance with the San Francisco Department of Building Inspection.
What to watch:
- Kitchen or structural work without permits
- No certificate of final inspection for major projects
San Francisco factors to watch
Unpermitted work and long remodel histories
Because the city’s housing stock is older, unpermitted alterations are common. This can affect safety, insurance, resale, and lender underwriting. Verify permit records and final approvals with the San Francisco Department of Building Inspection and discuss retrofit needs with qualified contractors.
Tenant protections and occupancy details
Tenant‑occupied properties require careful review. San Francisco has rent control and just‑cause protections that can affect timing, notices, and relocation in some cases. Learn more through the San Francisco Rent Board. Make sure the package clarifies tenant status, leases, and deposits.
Seismic retrofit and soft‑story considerations
Local programs address seismic safety for certain building types, including soft‑story structures. Ask whether any mandates apply and whether retrofits are completed. DBI’s resources at sfdbi.org can help you confirm.
Flood, fire, and insurance availability
While much of San Francisco has moderate exposure, some hillside areas show higher wildfire risk and pockets of the city may lie within flood zones. Cross‑check your NHD with the FEMA flood maps and the California Geological Survey. Obtain flood and earthquake insurance quotes early if indicated.
Sewer lateral and stormwater
Sewer lateral condition can be a significant expense. Check for any local program requirements with the San Francisco Public Utilities Commission and DBI guidance, and consider a sewer scope as part of due diligence.
Local transfer tax
San Francisco levies a municipal real property transfer tax based on the sale price. While this is not a disclosure document, it affects your net and should be factored into offers and negotiations.
How to read risk and estimate costs
TDS and SPQ
Use these forms to spot patterns. If a seller notes a past roof leak, dig deeper into timing, repairs, and warranties. If unpermitted work appears, assess safety and the feasibility of retro‑permitting. Ask for invoices and permit numbers to verify work quality and final approvals.
Natural Hazard Disclosure
The NHD flags mapped zones but not building vulnerability. If a hazard is identified, request insurance quotes and consider targeted inspections. For earthquake risk, foundation type and prior retrofits matter. For flood zones, evaluate drainage, elevation, and flood insurance.
HOA financials and governance
For condos, budget and reserves tell you how a building plans for future repairs. Meeting minutes reveal upcoming projects or disputes. Pending litigation can affect financing or lead to special assessments. Review these with care and ask the HOA manager for clarifications in writing.
Pest and structural concerns
Active termites or dry rot usually require prompt action. Obtain contractor bids, warranties, and confirm completion before close or arrange an escrow holdback if your lender permits it.
Unpermitted work
Unpermitted work can complicate insurance and resale. Options include negotiating a price reduction, requesting an escrow credit, or requiring the seller to complete retro‑permits and final inspections before closing.
Timelines and your next steps
Most Bay Area purchases use standard California Association of REALTORS forms. The purchase agreement commonly includes a defined inspection contingency period. A frequently used default has been 17 days, though timing is negotiable and market‑dependent. For consumer guidance on disclosures and process, visit the California Department of Real Estate and the California Association of REALTORS.
Use your contingency period to go deep:
- Read the TDS, SPQ, AVID, and NHD immediately.
- Order a general home inspection on day one.
- Schedule targeted inspections based on age and risk: sewer scope, roof, foundation or structural, pest, HVAC or electrical, and lead or asbestos for older homes if relevant.
- Verify permits and finals with the San Francisco Department of Building Inspection.
- For condos, request the complete HOA package and review budgets, reserve studies, minutes, and any litigation disclosures.
- Get earthquake and flood insurance quotes if the NHD or local maps indicate exposure.
- Keep a clear written record of questions, responses, and receipts.
Negotiation outcomes you can expect
Once you understand condition and cost, you and your agent can tailor a plan:
- Seller‑completed repairs before close. Seller hires licensed contractors and provides receipts and warranties.
- Price reduction or closing credit. You handle the work post‑close with flexibility on scope and contractors.
- Escrow holdback. Funds are held until work is completed and invoices are verified, subject to lender and title approval.
- Cancellation within contingencies. If issues are too significant and your contract allows, you may withdraw.
When something was not disclosed
If a material issue was known and not disclosed, remedies can include rescission or damages depending on facts and law. Many disputes resolve through mediation or litigation. Preserve documentation and consult appropriate legal counsel if you suspect non‑disclosure. You can review statutory frameworks at the California Legislative Information site.
Work with a trusted advisor
A clear disclosure strategy saves time, stress, and money. You deserve a team that can spot red flags, prioritize inspections, and negotiate with precision. If you are preparing to buy or sell in San Francisco, request a private, confidential plan with Wynne + Morgensen. We align premium presentation with disciplined due diligence so you move forward with confidence.
FAQs
What is a San Francisco disclosure package?
- It is a set of documents that share known material facts about a property, including seller forms, agent observations, hazard maps, inspections, HOA records for condos, and title and permit information.
Do you still need inspections if the seller provided reports?
- Yes. Seller reports are helpful, but you should decide whether to obtain your own inspections to confirm findings and scope costs.
How do tenant‑occupied homes affect disclosures in San Francisco?
- You should receive clear tenant status and lease details, and understand local protections and timelines outlined by the San Francisco Rent Board.
What if the NHD shows a hazard zone?
- Use it to plan next steps: get insurance quotes, order targeted inspections, and review official maps such as FEMA flood maps and the California Geological Survey.
What should condo buyers review in HOA documents?
- Focus on reserves, budgets, meeting minutes, pending litigation, special assessments, and any restrictions governed by the Davis‑Stirling Act.
What is unpermitted work and why does it matter in SF?
- It is work completed without required permits or final inspections. It can affect safety, insurance, refinancing, and resale. Verify history with the San Francisco Department of Building Inspection.
How long is a typical inspection contingency in California?
- A frequently used default has been 17 days under common forms, though the actual timeline is negotiable and depends on your contract and market conditions.