The Seller Property Questionnaire, known as the SPQ, is a disclosure form that a California home seller fills out to tell the buyer what they know about the property’s condition, history, and surrounding neighborhood. It’s a form published by the California Association of Realtors (CAR), not a creation of state law, and it’s used in almost every California residential sale because the standard purchase agreement requires the seller to complete it.
How the SPQ Fits Into a California Home Sale
No California statute names the SPQ. State law does require sellers to make certain disclosures when transferring residential property, but CAR built the SPQ as a supplemental form that goes further than what the law strictly demands. The standard California Residential Purchase Agreement references the SPQ directly and makes completing it part of the deal. Because almost every residential transaction in the state uses that agreement, almost every seller ends up filling one out.
The SPQ is not a warranty. It’s the seller’s good-faith recollection at the time of signing. Thorough, honest answers tend to prevent post-sale disputes rather than create new liability, because they put everything on the record before the buyer commits.
How the SPQ Differs From the Transfer Disclosure Statement
California buyers receive two main seller-completed forms, and they’re easy to mix up. The Transfer Disclosure Statement (TDS) is the one required by law under California Civil Code Section 1102, which applies to most sales of single-family residential property.1California Legislative Information. California Civil Code 1102 – Disclosures Upon Transfer of Residential Property The TDS covers the property’s general condition: structural issues, major systems like plumbing and electrical, and whether any modifications were made without permits.
The SPQ goes deeper. It runs more than 50 questions across a dozen-plus categories and asks about things the TDS doesn’t specifically address, including past insurance claims, pest or mold issues, neighborhood disputes, and legal actions tied to the property. The TDS is the legally required minimum. The SPQ is the thorough follow-up that fills the gaps.
What the SPQ Asks About
The SPQ is a four-page form organized into categories. Each category starts with “Are you aware of…” and lists specific questions. Sellers check yes or no and write explanations for any “yes” answers. The major areas:
- Structural and mechanical systems, including the roof, foundation, plumbing, electrical, heating, and air conditioning.
- Environmental hazards the seller knows about, such as lead-based paint, asbestos, mold, radon, or contaminated soil on or near the property.
- Past insurance claims, including fire or water damage, which can affect the buyer’s ability to get affordable homeowner’s insurance.
- Repairs and alterations, including whether permits were pulled and whether licensed contractors did the work.
- Neighborhood conditions such as noise, odors, nuisance neighbors, or anything else that could affect enjoyment of the property.
- Legal issues, including pending or past lawsuits, boundary disputes, and HOA conflicts tied to the property.
- Known problems with built-in appliances, pools, spas, and other features.
The form also asks the seller to hand over copies of any reports, inspections, warranties, or related documents. That’s where incomplete answers tend to cause trouble. A seller who knows about a prior termite report or a foundation repair estimate but doesn’t produce it is creating the exact gap that leads to disputes later.
What Sellers Have to Do
California law requires every disclosure to be made in good faith, meaning honesty in the conduct of the transaction. That standard applies to the SPQ the same way it applies to the TDS.2Justia. California Civil Code 1102 Through 1102.17 – Disclosures Upon Transfer of Residential Property Sellers answer based on what they actually know. They don’t have to hire inspectors, commission new reports, or dig into parts of the property they’ve never had a reason to examine.
Under Civil Code Section 1102.4, a seller isn’t liable for errors or omissions that fall outside their personal knowledge, provided they exercised ordinary care in gathering and reporting the information. Relying on a licensed professional’s report for a given item satisfies that standard.3California Legislative Information. California Civil Code 1102 – Disclosures Upon Transfer of Residential Property But “I didn’t know” works only when the seller genuinely didn’t know. Someone who lived in the home for 15 years and claims ignorance about a basement that floods every winter will have a credibility problem.
The practical rule for sellers is simple. Answer every question. Explain every “yes” in detail. Attach every document. Over-disclosing almost never causes problems. Under-disclosing regularly does.
Which Transfers Are Exempt
Not every property sale triggers California’s disclosure rules. Civil Code Section 1102.2 lists the exempt transfers, which include:4California Legislative Information. California Civil Code 1102.2 – Exemptions
- Court-ordered sales, including probate sales, foreclosures, sales by a trustee in bankruptcy, and eminent domain transfers.
- Sales by a fiduciary administering a trust, guardianship, conservatorship, or estate. The exemption does not apply if the trustee is an individual who formerly owned the property or lived in it within the past year.
- Transfers between co-owners.
- Sales to a spouse or blood relative.
- Transfers resulting from a dissolution of marriage or legal separation.
- Sales to or from a governmental entity.
Even when a sale is exempt from the TDS and SPQ paperwork, the seller still cannot conceal known material defects. The exemption removes the form requirement, not the duty of honesty.
What Buyers Should Do With the SPQ
The SPQ is a window into the seller’s experience with the property. It’s only as good as the seller’s memory and willingness to be forthcoming, so treat it as a starting point for investigation, not the final word.
Read every answer, including the written explanations. A “yes” with a vague explanation like “minor issue, now resolved” should raise more questions than it answers. If the seller discloses a past water damage claim, find out what caused it, what was repaired, and whether the underlying problem was actually fixed. Ask your agent to follow up on anything that isn’t clear.
Cross-reference the SPQ against the TDS and the Natural Hazard Disclosure report. If the seller checks “no” for flooding concerns but the NHD report shows the property sits in a special flood zone, that inconsistency needs an explanation.
And none of this replaces a professional home inspection. The seller may genuinely not know about a failing sewer line or hidden mold behind a bathroom wall. A qualified inspector is the single most important step a buyer can take. Point out anything flagged in the SPQ so the inspector knows where to look closely.
What Happens If a Seller Lies or Leaves Things Out
Civil Code Section 1102.13 sets the basic rule: anyone who willfully or negligently fails to perform their disclosure duties is liable for the actual damages the buyer suffers as a result.5California Legislative Information. California Civil Code CIV 1102.13 Actual damages means the real financial harm caused by the non-disclosure, not a fixed penalty.
Consequences scale with the conduct. A seller who negligently forgot a past roof leak is in a different position from one who deliberately hid a known foundation problem. Potential claims include:
- Breach of contract. The purchase agreement incorporates the seller’s disclosures, and false statements can support a contract claim with a four-year statute of limitations.
- Fraud. Intentionally misrepresenting or concealing a material fact can support a fraud claim. Damages are measured as the difference between what the buyer paid and what the property was actually worth given its true condition. The statute of limitations is three years from when the buyer discovers, or should have discovered, the problem.
- Rescission. In serious cases, a court can unwind the sale and put both sides back where they started.
A sale cannot be invalidated solely because someone failed to comply with the disclosure rules. But financial exposure for a seller who hid a serious defect can be substantial when fraud is involved, since additional costs the buyer incurred in reliance on the false information may also be recoverable. The SPQ itself doesn’t create the duty to disclose; California law does that independently. What the SPQ creates is a written record. An honest seller has documentation to defend against future claims. A dishonest one has created evidence against themselves.
Disclosing a Death on the Property
California has a specific rule for deaths that occurred on the property. Under Civil Code Section 1710.2, a seller must disclose any death that happened within the three years before the buyer’s offer.6California Legislative Information. California Civil Code 1710.2 Deaths more than three years in the past don’t need to be volunteered, because the statute says they aren’t material facts requiring disclosure.
One important exception. A seller can never intentionally misrepresent the facts if the buyer asks directly about deaths on the property, regardless of when they occurred.6California Legislative Information. California Civil Code 1710.2 The three-year window limits what you must volunteer, not what you’re allowed to lie about. The statute also permanently prohibits any requirement to disclose that a prior occupant had HIV or died from AIDS-related complications.
SPQ questions can trigger this disclosure. Sellers dealing with a death within the three-year window should put the information in writing with the rest of their disclosure paperwork, not rely on a verbal conversation that could later be disputed.