Can a seller legally hold the disclosure statement until escrow?

In California, sellers generally have a legal obligation to provide a Transfer Disclosure Statement, and it is not simply something that can always be withheld until escrow. For a typical residential sale, the TDS should be provided as soon as practicable before the buyer's offer is accepted. If the sellers had already completed the disclosures but the listing agent refused to provide them until you were in escrow, I can understand why that would raise a red flag. The fact that the sellers never lived in the property does not necessarily mean there are no disclosure requirements. They may honestly have no knowledge of smoking in the home, but the cigarette smell you noticed is something worth investigating. A buyer should also have the opportunity to do their own inspections and due diligence. I would have wanted to know whether there had been smoking inside, whether the odor had been professionally remediated, and whether there was any impact to the flooring, walls, HVAC system, or other areas of the home. So I would not automatically say the agent's response was illegal without knowing all the circumstances, but your request for the disclosures was completely reasonable. If you were uncomfortable moving forward without seeing them, walking away was a sensible decision. It is much better to address potential issues before making an offer than to discover something after you're already in escrow.

In California, I would be cautious about accepting the statement that disclosures can simply be withheld until escrow. The seller's disclosure obligations generally apply before the transfer of the property, and the timing of delivery can affect the buyer's rights. That doesn't necessarily mean the listing agent is required to hand you every disclosure document before you submit an offer. There can be legitimate reasons why certain documents aren't available yet. But if you're specifically asking for the seller's disclosures because you're trying to evaluate a known concern, I'd want to understand why they're refusing to provide them rather than simply saying "not until escrow." The cigarette smell is also something I would take seriously. The fact that the sellers never occupied the property doesn't automatically mean the issue doesn't have to be disclosed. Sellers and their agents can have different knowledge and disclosure obligations, and the seller's lack of firsthand knowledge doesn't necessarily answer whether there is a material condition that should be disclosed. Personally, I wouldn't make an offer on a property with a noticeable smoke odor without doing more investigation. Ask about the property's history, previous occupants or tenants if known, and whether there have been any remediation or cleaning efforts. You can also consider a professional inspection focused on the potential source and extent of the odor. If the listing agent refuses to provide disclosures and you're uncomfortable proceeding, walking away before writing an offer is completely reasonable. You don't have to put yourself under contract first just to obtain information that could materially affect your decision. And if you believe the agent is intentionally withholding required disclosures, I'd have a California real estate attorney review the specific circumstances rather than assuming it's either completely legal or completely illegal. The exact document and timing matter. Juan Picos Real Estate Agent JohnHart Real Estate

In California, sellers generally have disclosure obligations, but that doesn't necessarily mean every disclosure document must be provided before an offer is submitted. The timing can depend on the type of disclosure and the circumstances of the transaction. That said, asking to review disclosures before making an offer is completely reasonable, especially when you've already identified a potential issue such as cigarette smoke. If the sellers never occupied the property, they may have limited firsthand knowledge, but that doesn't necessarily eliminate other disclosure requirements. I'd be more concerned about the **smoke issue itself** than simply when the TDS is delivered. Cigarette odor can sometimes indicate smoke damage that requires professional cleaning, HVAC cleaning, sealing, or other remediation. An inspection can help determine whether there's an actual problem beyond an odor. If the seller or listing agent refuses to provide information you reasonably need to evaluate the property, you're also free to make your offer contingent on appropriate inspections and review of disclosures—or walk away, as you did. Because California disclosure requirements can be very fact-specific, if you're considering a particular property, I'd have your agent or a California real estate attorney review the circumstances rather than relying solely on a general rule about when the TDS must be delivered. Juan Picos Real Estate Agent JohnHart Real Estate

The TDS is supposed to be delivered to the prospective buyer “as soon as practicable” and, when the sale is being made through a purchase contract, before execution of the contract; with “execution” defined as the making or acceptance of an offer. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Yes, a seller can generally provide the Transfer Disclosure Statement after your offer is accepted. California does not require the TDS to be in your hands before you write an offer. Civil Code §1102.3 requires it to be delivered as soon as practicable before transfer of title. But there are two important pieces I would look at in your situation. First, if the required TDS is delivered after you have already signed the offer, California gives you a specific right to cancel: generally 3 days after personal delivery or 5 days after delivery by mail or electronically when electronic transactions have been agreed to. So receiving disclosures after acceptance does not mean you are automatically stuck with the property. Second, I would want to know exactly why the sellers never lived there. Simply never occupying the property does not, by itself, automatically exempt a seller from the TDS. California has specific exemptions—for example, certain probate, foreclosure and fiduciary/trust transfers. The type of sale matters. There is also a separate issue involving the agents. For most residential 1–4 unit sales covered by Civil Code §2079, the broker or salesperson has a duty to conduct a reasonably competent and diligent visual inspection and disclose material facts that inspection reveals. That duty is separate from what the seller personally knows. If I were representing you, my next question to the listing agent would be: “Is this seller exempt from providing a TDS? If so, what is the exemption, and what agent inspection/disclosure documents will be provided?” And I would absolutely investigate the cigarette odor. You personally noticed something that could affect your willingness to buy the home and potentially your remediation costs. I would not dismiss that simply because the seller says they never lived there. So was the agent automatically doing something illegal by refusing to give you the TDS before an offer? No. But were you unreasonable for asking for more information before committing? Not at all. As a buyer, I would rather investigate a concern before writing the offer than discover after acceptance that it is a much bigger issue. I’m a California Realtor, not an attorney, so if there is a dispute about whether a required disclosure was improperly withheld, a California real estate attorney should review the specific transaction and disclosure timeline.

Marisol, Yes! But there’s an important distinction. In a typical California residential sale, the TDS must be provided to the prospective buyer “as soon as practicable” and before transfer of title. It can legally be delivered after an offer is submitted, and California law gives buyers a termination right in certain circumstances when statutory disclosures arrive after the offer. That said, a seller or listing agent refusing to provide an already-completed TDS before you make an offer is a red flag from a buyer-risk standpoint, especially when you’ve already identified cigarette smoke. The seller not living there also doesn’t automatically eliminate disclosure obligations—observable conditions and known facts still matter, and the buyer’s agent has independent visual-inspection duties. As a buyer’s agent, I’d advise: don’t write an offer blind just because the seller wants disclosures handled in escrow. Get whatever disclosures are available, document the smoke concern, and make the offer contingent on satisfactory review of disclosures and inspections. Want help navigating a questionable disclosure situation or negotiating the right protections into your offer? Contact me! I’m happy to help you protect your interests from offer to closing. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

In California, sellers generally have to deliver the Transfer Disclosure Statement and related disclosures. Asking to wait until after you are already in escrow is a bad look, especially when you already flagged cigarette smoke. You can (and should) ask for disclosures before you write, or make any offer contingent on receiving and reviewing them in time to cancel if something is wrong. Smoke odor, smoking history, and related damage are material. "Sellers never lived there" does not erase the duty to disclose what they know, and it does not stop you from investigating. If the listing side refuses to share the TDS until escrow, treat that as a risk signal. Walking away when they will not disclose is reasonable. If you still want the house, put disclosure delivery and inspection rights in writing before you remove contingencies. Culver City and Culver-MdR deals move fast, but speed is not a reason to skip the paperwork that protects you. This is general info, not legal advice. Have your agent and, if needed, a California real estate attorney run your exact situation.

Marisol, the seller is legally required to deliver the Transfer Disclosure Statement (TDS) "as soon as practicable before transfer of title," which means they are not strictly mandated by state law to hand it over before an offer is submitted. However, withholding disclosures until escrow opens goes against standard Southern California market practice, where listing agents typically publish completed disclosures directly on the MLS to ensure transparency. While the sellers may claim they have never lived in the property, California law generally does not exempt them from completing a TDS unless the sale falls under specific court-ordered or fiduciary exceptions (such as a probate estate or foreclosure). The listing agent owes you an independent legal duty to conduct a diligent visual inspection and disclose all material facts affecting the property’s value or desirability -which includes prominent smoke odors recorded on their Agent Visual Inspection Disclosure (AVID). If you receive the TDS after your offer is accepted, the statute gives you a strict statutory right to cancel the agreement without penalty within 3 days if delivered in person or 5 days if sent electronically or by mail. If you still want to pursue the home, you can submit an offer with a 3- to 5-day contingency requiring immediate delivery of all seller and agent disclosures, while also scheduling a professional home inspection and air-quality assessment during your investigation period. Severe cigarette smoke often requires thousands of dollars in specialized thermal fogging, duct cleaning, or drywall replacement, making it essential to retain full leverage to negotiate credits or cancel with your deposit intact if the seller refuses to cooperate.

Marisol, the piece that agent left out is that the seller's TDS and the listing agent's own inspection disclosure are two separate legal duties in California, and the second one does not go away even when the first one does. Alla and Paula already have the timing right, so I will not re-run it. No California statute forces a seller to hand you the TDS before you write an offer, and waiting for an accepted offer is common practice in Los Angeles rather than a violation. Two things to add. First, your cancellation window is more specific than a short period. Under Civil Code 1102.3, if the TDS or any material amendment reaches you after your offer is signed, you have three days from personal delivery, or five days if it comes by mail or by electronic delivery when you have agreed to that, to cancel in writing. That clock starts when the completed disclosure is delivered to you, not when escrow opens. Second, and this matters most in your situation. Sellers never lived there usually means one of two things: a trust, probate or estate sale, or an investor who bought it and flipped it. Several of those sellers are exempt from delivering a TDS at all under Civil Code 1102.2. If that is what is going on here, the agent may be telling you something closer to there isn't going to be a real TDS than you get it later. Alla is right that the listing agent has obligations of their own, and it is worth knowing exactly what those are. Under Civil Code 2079 the agent owes a diligent visual inspection of the reasonably accessible areas and has to disclose what they found, and that comes to you on the AVID, the Agent Visual Inspection Disclosure. It is a separate form with the agent's own signature on it, and an exempt seller does not erase it. If you could smell smoke standing in that house on one visit, the agent who has walked it repeatedly noticed it too. So the question to ask is not send me the TDS. It is this: is the seller exempt from the TDS, and either way, may I see the AVID and the Seller Property Questionnaire before I write. That version is much harder to wave off, and the answer tells you a great deal about who you would be dealing with. On the smoke itself, do not let anyone frame it as a paint problem. Long-term indoor smoking puts residue in the drywall, the ductwork, the insulation and often the subfloor. Real remediation means a sealing primer on every surface, duct cleaning or replacement, and usually new carpet and pad. It is fixable, and it is a legitimate price conversation, but it runs into the thousands rather than a weekend. You were right to ask, and you were not being difficult. If you are still looking around Culver City and the rest of the Westside, I work these neighborhoods and I am happy to look at a specific property with you, or just tell you what a complete disclosure package should look like before you write your next offer. My name is Zoltan Peresztegi, and I am a real estate professional and not an attorney, so if you end up in a real dispute about what was withheld, have a California real estate attorney look at the actual delivery timeline. Zoltan

In California, a seller does not have to provide the Transfer Disclosure Statement before you make an offer. It may be delivered after the property is under contract. If the TDS is delivered after you sign the offer, state law generally gives you a short period to cancel after receiving it. That is one reason buyers should retain appropriate disclosure and property-investigation contingencies. Those contingencies provide time to review the seller’s disclosures, conduct inspections, investigate concerns such as smoke odor, and decide whether to proceed. Because the sellers never occupied the property, their knowledge may be limited, and the TDS may not answer who smoked there or for how long. Buyers still need to rely on their own observations and inspections. If you weren’t comfortable making an offer without first reviewing the disclosures, walking away was a reasonable choice. Paula Brown, REALTOR® Keller Williams Realty La Cañada Flintridge CA DRE #02235865 ABR® | GREEN | SRES® | Probate & Trust Specialist Serving La Cañada Flintridge, La Crescenta, Glendale, Pasadena, and nearby communities.

Marisol, that's a common way listings get handled around Culver City and the rest of LA, even when it feels like a dodge. In California the seller generally has to get disclosures to you before title transfers, and plenty of listing agents wait for an accepted offer, after which you get a window to read everything and cancel if you want out. Frustrating, sure, but not automatically a violation. The part I'd have pushed on is the smoke. Sellers who never lived in a place still owe you whatever they actually do know, and the listing agent has obligations of their own, so "they wouldn't know either" doesn't close the subject. If you circle back, have your own agent ask in writing for any disclosures that already exist. For a firm read on the timing, a California real estate attorney is the right person. Trusting your nose was fair, that odor is stubborn and expensive to chase out. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

If this is a California transaction, the situation is more nuanced than simply saying it’s illegal to withhold the TDS until escrow. California generally requires the seller’s Transfer Disclosure Statement to be provided to the buyer as soon as practicable before the transfer of title, and if it’s delivered after an offer is signed, the buyer may have a short cancellation period. The fact that the sellers never lived in the property may affect what they personally know and disclose, but it doesn’t necessarily eliminate disclosure obligations, particularly if the seller or agent knows about a material issue such as cigarette smoke or odor. So while the agent’s response isn’t necessarily proof of a legal violation, asking to review available disclosures before making an offer was completely reasonable, and walking away because you weren’t comfortable proceeding without that information is understandable.

Morisol, it may feel like a red flag, but California sellers generally aren't legally required to give you the TDS before you write an offer. They can provide disclosures after you're in escrow, although you normally have a cancellation period after receiving them. That said, known material facts still have to be disclosed, and the agents have their own disclosure obligations. If the cigarette smoke odor was significant enough to affect your interest in the property, I think you were completely reasonable to ask questions before committing and equally reasonable to walk away if you weren't comfortable with the response. Brenda Ashby | REALTOR® | JohnHart Real Estate | DRE License # 01700249