Quick Answer: The new California seller disclosures in 2026 add three requirements for most single-family sales: a written disclosure of known smoking or vaping residue (AB 455), an electrical inspection advisory and a notice about local gas appliance replacement rules (SB 382), and labels plus original versions for digitally altered listing photos (AB 723). According to 805title, agents who deliver these early keep escrow on schedule and avoid late buyer cancellations.
New California Seller Disclosures in 2026: What Changed on January 1
The new California seller disclosures that took effect on January 1, 2026 changed what listing agents must hand buyers, and when. Specifically, sellers now owe written statements on thirdhand smoke, electrical systems, and gas appliances. Meanwhile, agents must also label any listing photo edited to change the property.
A seller disclosure is a written statement that tells the buyer about known conditions, hazards, or legal rules affecting a home. These three changes come from bills signed in 2024 and 2025. Specifically, the sources are AB 455 (Civil Code Section 1102.6k), SB 382 (Civil Code Sections 1102.6i and 1102.6j), and AB 723 (Business and Professions Code Section 10140.8). Now that we are nine months in, agents still ask us one question most: “Am I actually doing this right?”
What Do the New California Seller Disclosures Require?
The new California seller disclosures require three things. Sellers disclose known smoke or vape residue and deliver electrical and gas appliance notices, while agents label altered listing photos. Because each rule works differently, here is a plain-terms breakdown.
| Law | Code Section | What It Requires | Who Is Responsible |
|---|---|---|---|
| AB 455 | Civil Code 1102.6k | Written disclosure of known tobacco or nicotine residue, or a known history of smoking or vaping | Seller (actual knowledge) |
| SB 382 | Civil Code 1102.6i | Statement advising the buyer to get a professional electrical inspection | Seller or listing agent delivers |
| SB 382 | Civil Code 1102.6j | Disclosure of known state or local rules on replacing gas appliances | Seller, to the extent seller or agent knows |
| AB 723 | Bus. & Prof. Code 10140.8 | “Digitally altered” label plus access to the original, unaltered image | Listing agent or broker |
AB 455: Thirdhand Smoke Residue
Of all the new California seller disclosures, AB 455 is the most personal. Notably, it makes California the first state to require a thirdhand smoke disclosure in home sales. Under Civil Code Section 1102.6k, a seller must disclose known smoking or vaping residue in writing. However, the seller does not need to test the home. For this reason, the key word is “knowledge.” After all, a seller who smoked indoors for ten years knows, even after a fresh coat of paint.
SB 382: Electrical and Gas Appliance Notices
SB 382 adds two of the new California seller disclosures in a single bill. First, the seller must deliver a statement recommending a professional electrical inspection. The statute also warns that older wiring can create fire risk and insurance trouble. It can limit capacity for solar, EV chargers, or heat pumps, too. Second, sellers must disclose known state or local rules that restrict the future replacement of gas or propane appliances. Homes within three years of their certificate of occupancy are exempt.
AB 723: AI-Edited and Virtually Staged Photos
Unlike the other new California seller disclosures, AB 723 targets listing marketing rather than the disclosure packet. Consequently, it lands directly on the agent. If editing software or AI adds, removes, or changes elements in a photo, the ad must say so. For example, that includes furniture, flooring, landscaping, or the facade. Moreover, the agent must provide the unaltered image, either in the listing or through a link or QR code. Still, basic edits like brightness, contrast, color correction, and cropping do not count.
How New California Seller Disclosures Affect Your Escrow Timeline
Late disclosures give buyers a legal exit. Under Civil Code Section 1102.3, a buyer who gets the Transfer Disclosure Statement after signing can terminate. Specifically, the buyer has three days after in-person delivery, or five days after mailing. As a result, a missing notice can reopen a deal you thought was locked.
In our experience working with California agents, disclosure problems rarely kill a deal outright. Instead, they cause friction. For instance, a buyer’s agent notices the electrical advisory is missing, asks for it, and the clock resets. Meanwhile, the lender’s rate lock keeps ticking. Therefore, the best time to handle the new California seller disclosures is at listing, not after acceptance.
Where Title and Escrow Fit In
Your escrow officer does not prepare seller disclosures. Also, title insurance does not cover disclosure disputes. However, escrow tracks the contingency timeline tied to the new California seller disclosures. Because of this, a well-organized escrow file shows exactly when the buyer received and signed each disclosure. Additionally, an early look at the preliminary title report in California surfaces liens, easements, and HOA issues. If the property sits in an HOA, also review our guide to 2026 HOA disclosure changes in California.
How to Build a 2026 Seller Disclosure Workflow
A simple checklist keeps every listing compliant with the new California seller disclosures. Follow these steps from listing appointment to close of escrow.
- Ask the smoking question at the listing appointment. Ask sellers directly whether anyone smoked or vaped inside, and note the answer in writing.
- Add the SB 382 notices to your packet. Include the electrical inspection advisory and research any city or county gas appliance rules.
- Check the certificate of occupancy date. Confirm whether the home is under three years old and therefore exempt from SB 382.
- Audit every listing photo. Label any virtually staged or AI-edited image as “Digitally Altered” and post the original beside it.
- Deliver disclosures before acceptance. Early delivery removes the post-contract termination window under Civil Code 1102.3.
- Send signed copies to escrow. Share the signed disclosures with your escrow officer, since a complete file prevents last-minute delays.
- Confirm receipt before removing contingencies. Make sure the buyer has signed every notice before contingencies come off.
Common Mistakes Agents Are Making in 2026
The biggest mistake with the new California seller disclosures is assuming the standard forms cover everything. Although updated disclosure forms ask the right questions, agents still need to research local gas appliance rules themselves. In other words, the form asks the question, yet you still supply the answer.
Mistakes We See Most Often
- Skipping the photo audit on older listings. Listings that went live in late 2025 and are still active may need new labels.
- Treating “I don’t know” as a safe answer. If the seller knows about indoor smoking, AB 455 requires disclosure.
- Forgetting social media. AB 723 applies to advertisements and promotional materials, so Instagram carousels and reels count too.
- Delivering notices after acceptance. Late delivery hands the buyer a new window to walk away.
Indeed, most of these mistakes take five minutes to prevent. Similarly, fixing title red flags before listing and preparing a seller net sheet early keeps sellers informed and deals moving.
Frequently Asked Questions About New California Seller Disclosures
What are the new California seller disclosures for 2026?
The new California seller disclosures for 2026 include a thirdhand smoke disclosure (AB 455), an electrical inspection advisory and gas appliance notice (SB 382), and a label for digitally altered listing photos (AB 723). All three took effect January 1, 2026.
Does a seller have to test the home for thirdhand smoke in California?
No. A seller does not have to test for thirdhand smoke under AB 455. Instead, the law requires written disclosure only when the seller actually knows about residue or indoor smoking or vaping.
Do I have to label virtually staged photos in California?
Yes. Virtually staged photos count as digitally altered images under AB 723 because they add elements like furniture. The ad must include a disclosure near the image and provide access to the original, unaltered photo.
Does the SB 382 electrical disclosure apply to new construction?
No. The SB 382 notices do not apply to buildings within three years of their certificate of occupancy. However, most resale homes fall under the new requirements.
Can a buyer cancel escrow if the seller delivers a disclosure late?
Yes. Under Civil Code Section 1102.3, a buyer who gets the Transfer Disclosure Statement after signing can terminate. The buyer has three days after personal delivery, or five days after mailing.
Does title insurance cover problems from missing seller disclosures?
No. Title insurance protects against covered defects in ownership, such as forgery or undisclosed liens. It does not cover disclosure disputes between buyers and sellers. Learn more in our guide to what title insurance does not cover in California.
Work With a California-Licensed Title & Escrow Company
At 805 Title, we are a California-licensed title and escrow company serving buyers, sellers, and agents across the entire state of California. Our roots are in Ventura County and the Central Coast. Still, we open files statewide, from San Diego to Sacramento. As a result, we help agents keep every escrow organized, every deadline visible, and every client informed about the new California seller disclosures.
Ready to make your next closing smoother? Explore our services for real estate agents, see how we support California homebuyers, or open an order with 805 Title today. Let’s connect.