Buying a home in Berkeley comes with a thick disclosure package. It can feel like homework, but it is your best window into a property’s true condition and risks. You want to avoid surprises after you close and make a strong offer with confidence. In this guide, you will learn what a disclosure package is, what is required by California law, Berkeley‑specific issues to watch, and a simple plan to review everything before you write an offer. Let’s dive in.
What a disclosure package is in California
A disclosure package is a bundle of documents from the seller and listing agent that describes the property’s condition, legal status, and known hazards. The goal is to surface material facts that could affect your decision or the home’s value.
California law requires sellers and their agents to disclose certain information. These statutory duties are separate from what you may uncover during inspections. Even if a listing is advertised “as is,” the seller must still provide required disclosures.
The seller and listing agent assemble the package. Third‑party vendors often prepare specialty reports like Natural Hazard Disclosures, title reports, and pest inspections. You typically receive the package when the home hits the market or when you request it. Your actual review time is set by your purchase contract, so confirm deadlines before you submit an offer.
What you will find in Berkeley disclosure packages
Required forms and core documents
Transfer Disclosure Statement (TDS) and Seller Property Questionnaire (SPQ)
- What they are: The seller’s written answers about systems, defects, repairs, utilities, and disputes.
- What to look for: Vague answers, missing pages, or anything that contradicts inspection reports. Note any mention of water intrusion, foundation movement, or unrepaired damage.
Natural Hazard Disclosure (NHD) report
- What it is: A third‑party report showing whether the home sits in mapped hazard zones such as flood, very high fire hazard severity, seismic hazard, or fault zones.
- What to look for: Flags for earthquake fault or flood zones. These can affect insurance, retrofit needs, and future remodeling plans.
Lead‑based paint disclosure
- What it is: Required for most housing built before 1978. Includes an EPA/HUD lead information pamphlet and the seller’s knowledge of lead‑based paint.
- What to look for: Any known presence, prior testing, and notes about painted surfaces if you plan to renovate.
Preliminary Title Report
- What it is: Shows legal ownership, easements, liens, covenants, and recorded restrictions.
- What to look for: Easements that affect access or expansion plans, unresolved liens, or deed restrictions.
HOA and condo documents (if applicable)
- What they are: CC&Rs, bylaws, financials, reserve study, meeting minutes, and notices.
- What to look for: Special assessments, ongoing litigation, low reserves, and rental or renovation restrictions.
Common inspections and seller‑ordered reports
Wood‑destroying organism (WDO) / termite report
- What it is: Details active or past infestations and repair recommendations.
- What to look for: “Active” findings, structural damage, and Section 1 items that often require prompt repair.
Pre‑listing home inspection
- What it is: A general overview of systems and major components.
- What to look for: Treat as helpful context, not a replacement for your own inspector.
Specialty reports
- Roof, chimney, HVAC, and sewer scope are common in older East Bay homes.
- What to look for: Sewer lateral defects, roof age and remaining life, chimney safety, and duct leakage.
Structural or geotechnical reports
- What they are: Often prepared for hillside or remodeled homes.
- What to look for: Age of the report, scope, and whether recommendations were completed.
Permit history
- What it is: Copies of building permits and final approvals.
- What to look for: Missing permits for major work such as kitchens, electrical upgrades, foundation work, or ADUs.
Other items you may see
- Bill of sale for included personal property
- Utility and service details
- Insurance claim history, if provided
- Municipal notices or code enforcement records
- Tenant information for occupied or multi‑unit properties
Berkeley and East Bay red flags to watch
Seismic and fault‑zone exposure
Large parts of Berkeley, especially in the hills, lie near the Hayward Fault or mapped seismic hazard zones. Your NHD will flag these designations. If the property shows foundation movement, sits on a slope, or has older framing, consider a structural or engineering review before you commit.
Hillside lots and slope stability
Steep lots are common. Landslide history and retaining‑wall stability matter. If no geotechnical evaluation is in the package and the lot is steep, plan to order one to understand risk and potential mitigation.
Permits and municipal compliance
Berkeley’s building department is active and enforcement is strict. Unpermitted work or open, non‑finaled permits are common deal risks and can affect financing, insurance, and resale. Verify that major renovations, seismic retrofits, and electrical or plumbing upgrades were permitted and finaled.
Tenant and rent‑control considerations
If a property is tenant‑occupied or includes rental units, Berkeley’s rent stabilization and eviction rules may apply. Confirm tenancy status and rent history, and whether any unit is subject to rent control. Some sales can trigger tenant‑protection timelines or relocation assistance. Consult the Berkeley Rent Board or an attorney for transactions that involve tenants.
Sewer laterals and plumbing
Many older homes have aging sewer laterals that may show root intrusion or clay pipe failure. Sewer scopes are common and helpful. Local sewer requirements vary by city, so confirm Berkeley’s current rules and whether inspection or repairs are required at sale.
Hazardous materials in older homes
In pre‑1978 homes, lead‑based paint may be present. Older homes can also include asbestos in insulation or piping and knob‑and‑tube wiring. Disclosures may note known conditions, but absence of a note is not proof of absence. If you plan to remodel, build testing into your inspection plan.
Taxes, liens, and assessments
Review the title report and property tax records for special assessments or recorded liens. While some regional bonds may appear on tax bills, it is less common to see Mello‑Roos in Berkeley. Verify any line items so you are clear on your true carrying costs.
Local resources to verify status
For permits, tenant protections, hazard maps, and flood designations, look to official sources such as the City of Berkeley Building & Safety Division, the Berkeley Rent Board, the California Geological Survey’s Alquist‑Priolo maps, FEMA flood maps, and Alameda County property records. Your agent can help you navigate these resources.
How to review your disclosure package
A simple review workflow
- Read the entire package before you write an offer when possible.
- Highlight anything that affects value, safety, or future plans, such as unpermitted work, active termites, foundation movement, hazard zones, or HOA assessments.
- Compare the seller’s TDS/SPQ with third‑party reports. Follow up on any mismatch or vague statement.
Inspections and reports to order
- General home inspection by a qualified California inspector
- WDO/termite inspection, even if the seller provided one and you have concerns
- Sewer scope for older homes or tree‑heavy lots
- Roof, chimney, and HVAC inspections if age or issues are noted
- Structural engineer for foundation, hillside, or significant cracking concerns
- Geotechnical review for steep lots or suspected landslide risk
- Lead or asbestos testing for older homes if you plan renovations
- Your own title review and policy through a title company
Timeframes, contingencies, and negotiation
Your purchase agreement sets your review and inspection deadlines. Do not assume unlimited time after you submit an offer. If you uncover a material defect within your contingency period, you can request repairs, ask for a credit or price reduction, cancel within the contract window if allowed, or proceed with full knowledge of the issue.
Red flags that warrant escalation
- Missing permits for major work or “work without permits” disclosures
- Active water intrusion, rot, or structural movement
- Active termite or pest infestation
- Title exceptions, easements, or liens that affect use
- HOA litigation, low reserves, or special assessments
- Tenant‑related legal notices or unclear rent history
Want help reviewing a Berkeley disclosure package? Schedule a buyer consultation to walk through the documents, prioritize inspections, and set responsiveness deadlines. Connect with Ruth Frassetto to get a clear plan before you write.
Visuals to make this easier
- Sample TDS page with callouts that show where water intrusion, grading, and repair notes appear.
- A snapshot from an NHD report with a simple legend for flood, fault, and fire flags.
- Example lines from a termite report that highlight “active” vs “past” items and suggested repairs.
- A mock Preliminary Title Report excerpt that marks easements and exceptions.
- A one‑page flowchart of the buyer’s review timeline: Receive package → Read → Order inspections → Negotiate or cancel if allowed → Close.
Ready to go line by line through a disclosure package? Book a focused review with Ruth Frassetto and move forward with confidence.
FAQs
What is a Berkeley disclosure package and why does it matter?
- It is the seller’s bundle of documents about a home’s condition, legal status, and hazards, required by California law, so you can make an informed offer and avoid surprises.
Are Berkeley disclosure requirements different from the rest of California?
- Core state disclosures are the same, but Berkeley adds practical considerations such as strict permit enforcement, rent‑control rules for rentals, and hillside or fault‑zone risks.
What should I focus on first when reviewing disclosures?
- Start with the TDS/SPQ, NHD, title report, and any termite or structural reports, then verify permits for major work and check for mismatches across documents.
Which inspections are most important for older Berkeley homes?
- A general home inspection, termite report, sewer scope, and roof or chimney checks are common, with structural or geotechnical reviews for foundations and steep lots.
How do tenant‑occupied properties change my review?
- Confirm tenancy status, rent history, and whether units are rent‑controlled, and understand any tenant‑protection timelines or relocation obligations that may apply.
Does “as is” mean the seller does not have to disclose defects?
- No, “as is” does not remove legal disclosure duties; required disclosures must still be provided and you can still inspect and negotiate within your contract.
How can I verify whether renovations were permitted in Berkeley?
- Review the permit documents in the package and cross‑check with City of Berkeley records to confirm that permits were issued and final approvals were completed.
