Thinking about selling your home in Marin County? Disclosure paperwork can feel like a lot, especially with wildfire zones, hillside lots, and older homes in the mix. You want to be transparent without oversharing, avoid surprises, and keep your sale on track. In this guide, you will learn what you must disclose in California, what is unique to Marin, which documents to gather, and how to time everything for a smooth listing. Let’s dive in.
What seller disclosures are and why they matter
Disclosures are your way of sharing known, material facts about your property so buyers can make informed decisions. In California, sellers complete specific forms that cover the property’s condition and any known issues. Being thorough protects you from post-sale disputes and helps buyers feel confident.
State and federal basics
California sellers commonly use the Transfer Disclosure Statement (TDS), the Seller Property Questionnaire (SPQ), and a Natural Hazard Disclosure (NHD) report. Many agents rely on the California Association of Realtors standard forms, which are widely recognized by buyers and sellers across the state. You can learn more about these forms on the California Association of Realtors site.
If your home was built before 1978, you must provide a lead-based paint disclosure and an EPA pamphlet to buyers. The federal rules are clear about these steps, and you can review them in the EPA lead disclosure guidance for pre-1978 housing.
Natural hazards play a big role in California, and your NHD report will identify if your property is in mapped areas such as flood zones, very high fire hazard severity zones, earthquake fault zones, or landslide or liquefaction zones. For general flood mapping and insurance program information, visit FEMA’s flood maps and NFIP resources.
Marin-specific hot spots to disclose
Marin has coastal, suburban, semi-rural, and hillside neighborhoods. That variety brings a few common disclosure themes you should be ready to address.
Wildfire risk and defensible space
Large portions of Marin fall within high or very high Fire Hazard Severity Zones. You should disclose if your parcel appears in one of these zones, any vegetation management you have completed, defensible space work, and any known fire-related restrictions or insurance issues. For context and maps, explore the Cal Fire Fire Hazard Severity Zone resources.
Slope stability, landslides, and drainage
Hillside lots are common in Marin, which means slope movement and erosion can be relevant. Disclose any known retaining wall issues, prior landslide events, engineered mitigation like soil nails or piles, and drainage improvements or chronic drainage problems. Buyers appreciate clear documentation of any past work.
Coastal hazards and tidal flooding
Coastal and bayside properties can experience tidal flooding or long-term sea-level rise considerations. Share any known flood history, tidal inundation, or mitigation measures. If your property is in a mapped flood area, your NHD and FEMA resources will help set expectations for buyers.
Septic systems and private wells
In West Marin and other rural pockets, properties often use on-site septic systems or private wells. Disclose the presence and age of the system, maintenance and repair history, permits, and any known malfunctions. Marin County Environmental Health keeps records and provides guidance, which can be helpful when assembling your file. Review local details at Marin County Environmental Health’s septic and well resources.
Permits and unpermitted work
Marin’s permitting environment can be complex due to multiple city and county jurisdictions. If you remodeled, added an ADU, converted space, or built decks, pools, or retaining structures, disclose the permits and final approvals you obtained. If any work is unpermitted, that is a material fact and should be disclosed. For county permitting context and records, see Marin County Planning and Building permit information.
HOA and common-interest developments
For properties in a homeowners association or common-interest development, you will typically provide buyers with a resale disclosure packet that includes CC&Rs, budgets, rules, meeting minutes, and a reserve study. Buyers use this information to understand monthly costs and community policies.
Insurance availability and cost
Where wildfire risk is higher, insurance availability and premiums can be affected. If you have had difficulty obtaining coverage, changed carriers, or filed significant claims, disclose what you know.
Your Marin seller disclosure checklist
Use this checklist to assemble a complete and organized package before you go to market.
Essential forms and reports
- Transfer Disclosure Statement (TDS) completed by you.
- Seller Property Questionnaire (SPQ), if used by your agent.
- Natural Hazard Disclosure (NHD) report.
- Lead-based paint disclosure and EPA pamphlet for pre-1978 homes.
Core property documents
- Property deed or legal description and a recent preliminary title report.
- Current property tax bill and any special assessments or local taxes.
- HOA or CID resale packet, including CC&Rs, bylaws, budgets, minutes, and reserve study.
- Utility information, including HOA dues, if applicable.
Permits and work history
- Building permits and final approvals for remodels, additions, ADUs, decks, pools, retaining walls, and grading.
- Certificates of occupancy and final inspection sign-offs, where available.
- Contractor invoices, warranties, and repair records.
- Engineering, geological, or architectural reports you possess.
Environmental and hazard items
- Prior NHDs or hazard reports that you have.
- Pest and wood-destroying organism reports or treatments.
- Septic system permits, installation records, pumping logs, repairs, or evaluations.
- Well logs, pump tests, and water quality test results.
- Documentation of any known environmental contamination or underground storage tanks.
Insurance and legal
- Insurance loss history information, if available.
- Notice of any pending litigation, liens, or encumbrances you know about.
Local Marin considerations to gather or verify
- Wildfire defensible space work and vegetation management records.
- Slope and drainage improvements, retaining wall engineering or repair records.
- Coastal or flood mitigation details and flood insurance information if applicable.
- Sewer or water connection documentation if the property is not on septic or a well.
Timeline: when to prepare and deliver
Planning your disclosure work early helps you avoid delays once you list and can even improve your marketing.
30 to 60 days before listing
- Start a document folder and gather permits, receipts, warranties, prior inspection reports, and any HOA documents.
- Verify your septic or well status with Marin County Environmental Health and order inspections if you are not sure about the system’s condition. The county’s program details are at Marin County Environmental Health.
- Ask your agent to order the NHD report early. It informs buyers about hazard zones and sets expectations regarding wildfire or flood.
Two to three weeks before market
- If you know of defects or unpermitted work, talk to your agent about your best path. In some cases, it makes sense to complete repairs or pull final permits. In other cases, disclosure with documentation is the right approach.
- Consider specialty inspections, such as pest, roof, septic, well, or a targeted structural review. Pre-listing reports can reduce renegotiations later.
At listing and when offers arrive
- Deliver your core disclosures to buyers as early as practical. Many agents attach disclosure packages to the listing or share them with prospective buyers who request them.
- If you receive an offer quickly, confirm the buyer has had access to the current package and acknowledge receipt according to escrow instructions.
How your agent helps reduce risk
A great listing agent is your process partner from day one. In Marin, your agent typically coordinates the NHD report, helps you identify and complete the right state and federal forms, and advises you on local custom. They can also help you request HOA resale documents, track down public records, and recommend inspectors or contractors.
Your agent assembles the disclosure package, delivers it to buyers, and keeps the timeline moving once you open escrow. Most importantly, your agent will coach you on accuracy and clarity. The goal is to disclose what you know and document it so there are no surprises for the buyer.
Risk management: simple rules that protect you
Small steps now can prevent big headaches later.
- Be truthful and thorough. If you know a fact that could matter to a buyer, disclose it.
- When in doubt, disclose. Uncertainty is better handled with a clear note and any records you have.
- Keep records. Save permits, receipts, and inspection reports. Organized files reduce disputes.
- Consider pre-inspections. Pest, septic, well, roof, or focused structural reports surface issues early.
- Consult specialists when needed. For significant structural, environmental, or legal questions, your agent can point you to the right pros. For consumer background, you can also review the California Department of Real Estate’s consumer publications.
Quick answers for special property types
Different property types often raise the same questions. Here is how to think about a few common scenarios.
Homes in wildfire zones
If your parcel sits in a mapped high or very high Fire Hazard Severity Zone, disclose that status and any related requirements, such as defensible space work. The NHD report will flag mapped zones, and you can reference Cal Fire’s zone resources for additional context.
Coastal or bayside homes
If you have experienced tidal flooding or installed flood mitigation, share that history and documentation. Buyers will review the NHD and any flood insurance details. You can also point to FEMA for general flood program context.
Rural homes with septic or wells
Disclose what you know about your system’s age, maintenance, and performance. If you do not have records, consider ordering current inspections. Marin County Environmental Health can help you locate existing permits and records at their septic and well pages.
Condos, townhomes, and HOAs
Ensure buyers receive the HOA resale package with CC&Rs, rules, budgets, minutes, and reserve studies. If you are aware of upcoming assessments, disclose what you know and share any notices.
Bottom line for Marin sellers
Strong disclosure packages build buyer trust, reduce renegotiation risk, and keep your closing on track. In Marin County, that means covering California’s required forms, being proactive about local issues like wildfire zones and hillside conditions, and organizing your permits and records well before you list.
If you want a practical plan for your property, talk with a North Bay brokerage that values compliance, clear communication, and strong marketing. Connect with Merge Real Estate to start your seller disclosure game plan and get your home market-ready.
FAQs
What forms are required to sell a home in Marin County?
- Expect to complete the Transfer Disclosure Statement, the Seller Property Questionnaire, a Natural Hazard Disclosure report, and a lead-based paint disclosure for pre-1978 homes.
How does wildfire risk affect seller disclosures in Marin?
- Disclose if your property is in a mapped high or very high Fire Hazard Severity Zone, along with any defensible space work, related restrictions, or insurance challenges you know about.
Do I need to disclose unpermitted work when selling in Marin?
- Yes, unpermitted additions or conversions are material facts and should be disclosed along with any permits you obtained or steps you took to resolve the issue.
What should rural Marin sellers disclose about septic systems and wells?
- Share the system type, age, maintenance and repair records, permits, and any known performance issues, and consider current inspections if records are limited.
When should I give buyers the disclosure package in Marin?
- Provide disclosures as early as practical, ideally at listing or upon buyer request, so buyers can review and acknowledge receipt before or when making an offer.
What are the lead-based paint rules for older homes?
- For homes built before 1978, give buyers the required federal disclosure and EPA pamphlet, and disclose any known lead-based paint or records you possess.
