Navigating Fire Hardening Disclosures in California: What Home Sellers Need to Know

Fire Prevention Improvements: Tile roof, metal gutters, and gravel around the building perimeter

In California, fire safety isn't just about emergency preparedness—it’s also a crucial component of real estate transactions. With the state’s susceptibility to wildfires, home sellers in designated fire hazard zones have disclosure obligations that impact both buyers and sellers. Understanding these requirements can help avoid legal pitfalls and ensure transparency.

Since January 1, 2021, sellers of residential property with one to four units built before January 1, 2010, and located in high or very high fire hazard severity zones have been required to disclose six key property features that may make the home vulnerable to wildfires and flying embers. However, this disclosure is only necessary if the seller is aware of these vulnerabilities.

Starting July 1, 2025, sellers of properties that fit the same criteria must go beyond vulnerability disclosures. They are now required to provide buyers with a list of 12 categories of low-cost retrofits that can enhance a property’s resistance to wildfires. Additionally, sellers must disclose whether they have completed any of these retrofits during their time owning the property. Unlike the previous requirement, this retrofit disclosure is not based on the seller’s knowledge of vulnerabilities but rather on actual completed improvements.

California law mandates that sellers disclose material facts and defects that could impact the value of a property. When in doubt, sellers are encouraged to over-disclose defects to avoid potential legal disputes. If a defect does not exist or is minor, the buyer can determine its significance before escrow closes. Failing to disclose certain defects could expose the seller to claims of negligent non-disclosure, concealment, or fraud.

Conversely, the fire hardening retrofit disclosure works differently—instead of disclosing problems, sellers are required to report improvements. However, caution must be exercised when disclosing positive features, as misrepresenting completed retrofits could lead to disputes.

For instance, stating that a roof replacement meets Class A fire-rated standards may lead to legal issues if:

• A new compliant roof was installed over an aged roof but didn’t cover a recent home addition.

• The roof is incorrectly classified as Class A when it is actually Class B.

  
  

To minimize misunderstandings and legal risks, sellers should provide clear explanations in the designated sections of disclosure forms and ensure all disclosed retrofits meet required standards.

Source: California Association of Realtors