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Understanding the TDS & SPQ Disclosure Forms

A plain-English walkthrough of the Transfer Disclosure Statement and Seller Property Questionnaire — what they mean and why they matter.

Common Questions

What is the TDS in a California real estate transaction?
The Transfer Disclosure Statement (TDS) is a California-mandated disclosure form required in nearly every residential sale. Governed by Civil Code §1102, it requires sellers to disclose everything they know about the physical condition of the property — roof, foundation, plumbing, electrical, HVAC, appliances, water intrusion, pest issues, and any other condition that could materially affect the value or desirability of the home.
The Seller Property Questionnaire (SPQ) is a detailed follow-up to the TDS. While the TDS covers the broad condition of the property, the SPQ asks over 150 specific questions covering unpermitted work, insurance claims, neighbor disputes, drainage problems, HOA issues, deaths on the property, and pending litigation. Both are required in a standard California residential sale.
No — in most cases, you do not. California Civil Code §1102.2 exempts trustees, conservators, and personal representatives acting in a fiduciary capacity from the standard TDS and SPQ requirements when they have never occupied the property. Instead, you complete a Trust/Probate Disclosure Addendum. You must still disclose anything you actually know about the property’s condition.
If a buyer discovers after closing that you knew about a material defect and failed to disclose it, you can face a lawsuit for non-disclosure or fraudulent concealment. California courts have found sellers liable for failing to disclose neighbor disputes, roof leaks, foundation cracks, and flooding history. When in doubt, disclose.
No. The buyer’s inspection and the seller’s disclosure obligation are completely separate and independent requirements. You are still legally required to disclose everything you know, regardless of whether the buyer is getting an inspection.
“Unknown” is a legitimate answer when you genuinely have no knowledge of a condition. The key distinction is between things you truly don’t know and things you are aware of but prefer not to disclose. Writing “Unknown” for something you actually know about is not a legal shield.
Sellers typically complete the TDS and SPQ before or shortly after listing. The buyer has a contractual right to review all disclosures during the contingency period — usually 17 days under a standard CAR purchase agreement. The full disclosure package is typically delivered within the first few days of an accepted offer.
As a trustee who never occupied the property, you are exempt from the standard TDS and SPQ under California Civil Code §1102.2. You complete a Trust/Probate Disclosure Addendum instead. You are still responsible for disclosing anything you actually know — repair invoices, insurance claims, conditions you personally observed. Working with a real estate agent who specializes in trust and probate sales is strongly recommended.
If you disclosed a defect — even vaguely — you are generally protected. Buyers who proceed with full knowledge of a disclosed condition have a much harder time pursuing post-closing claims. Accurate, complete disclosures are your best legal protection after the sale closes.

About the Author

Will Flannigan is a Real Estate Agent and Certified Trust & Probate Specialist with The Nell Team at Equity Union Real Estate. A former licensed attorney and longtime Burbank Rancho resident, Will has helped buyers and sellers across Burbank and Greater Los Angeles since 2014. He is a Mandarin speaker and active community organizer. DRE #01951292.

310-920-1108 · flanniganhomes@gmail.com · willflanniganrealestate.com

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