Something feels off about your new house. Maybe it’s a smell you can’t place, a wall that doesn’t quite line up, or a repair bill for something you were told was never a problem. Here are five warning signs that a seller may not have been honest on their disclosure forms — and what to do if you recognize them.
1. A “fix” with no permit and no paper trail
If you find evidence of a repair — new drywall over an old water stain, mismatched flooring, a suspiciously fresh paint job in one room — but there’s no permit on file with the county and no mention of it on the TDS or SPQ, that’s a red flag. Sellers are supposed to disclose known repairs, not just complete them quietly before listing.
2. Rooms or additions that don’t match the permit history
Pull the property’s permit history from the county building department. If there’s a bedroom, garage conversion, ADU, or addition that isn’t reflected in the permit file, the seller may have built or converted it without permits — and failed to disclose that on the SPQ. Unpermitted work often comes with code violations, insurance complications, and resale value issues you weren’t told about.
3. Neighbors mention something the seller never did
A casual conversation with a neighbor who mentions “the flooding a few years back” or “when they had that mold problem” can be the first clue that something was hidden. Neighbor accounts, especially ones referencing dates, contractors, or insurance claims, can become important evidence.
4. Blank or vague answers on the SPQ
Sellers sometimes leave questions blank rather than answer “Yes” to something damaging. A blank field isn’t neutral — under California law, a seller can’t dodge disclosure obligations by simply not answering. If sensitive questions about repairs, disputes, or defects were left unanswered, that’s worth investigating.
5. The listing history tells a different story
Check if the home was listed before, pulled off market, or had a prior sale that fell through. Sometimes a prior transaction fell apart because an inspection turned up a problem — and that problem resurfaces with you, undisclosed. Prior listing agent notes and MLS history can reveal this.
What to do if you recognize these signs
Don’t confront the seller directly or start negotiating repairs on your own before talking to an attorney — anything you say or agree to can affect your legal position later. Instead:
- Document everything with photos and dates
- Get a written estimate from a licensed contractor
- Pull your TDS, SPQ, RPA, and permit history
- Talk to a real estate attorney before the statute of limitations clock runs — generally three years from when you discovered, or should have discovered, the issue
How Jimmy can help
Jimmy Nguyen has spent over a decade in California real estate as an attorney, broker, and mediator. He knows the tactics sellers and agents sometimes use to move a deal along — and how to build a case when disclosures don’t match reality.
Call 408.645.0606 or email jimmy@lawjn.com for a free case evaluation.