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Wildfire Hazard Disclosures for MH Sellers

October 16, 2025

Thinking about selling in Morgan Hill and wondering what wildfire disclosures you owe a buyer? You are not alone. California updated its rules, and 2025 brought a few new steps that can impact your timeline and paperwork. In a few minutes, you will know what to disclose, how to confirm your property’s fire zone, and which documents to gather so you can move forward with confidence. Let’s dive in.

Note: In this article, “MH Sellers” means Morgan Hill sellers. If you are selling a manufactured home, see the dedicated section below.

What California law requires

If your home is in a state‑identified High or Very High Fire Hazard Severity Zone, you must provide two standard disclosures:

  • The statewide Natural Hazard Disclosure Statement, which flags mapped hazard zones for the property. See the statutory form and rules in Civil Code §1103.2. Review the NHDS rules.
  • The AB 38 home‑hardening disclosure for qualifying homes, which lists wildfire vulnerability features and, as of July 1, 2025, includes the State Fire Marshal’s low‑cost retrofit list plus a statement of which listed retrofits you completed during your ownership. See Civil Code §1102.6f. Read the AB 38 home‑hardening rules.

The State Fire Marshal developed the low‑cost retrofit list under Government Code §51189. See the state requirement for the retrofit list.

Check your Morgan Hill fire zone

Start by verifying whether your property is mapped in a High or Very High Fire Hazard Severity Zone.

If a map is not precise enough to confirm whether your parcel is inside a boundary, Civil Code §1103.2 instructs you to mark “Yes” on the NHDS. You may attach a qualified third‑party report confirming the correct status if your home is near the line.

What you must disclose about hardening

The AB 38 notice requires you to share whether common vulnerability features are present, such as older vents, untreated wood roofs, or combustible materials near the structure. As of July 1, 2025, you must also include the state’s low‑cost retrofit list and indicate which listed items you completed while you owned the home. See the AB 38 content requirements.

Typical low‑cost or at‑replacement upgrades highlighted by state and local programs include:

  • Ember‑resistant vents or approved mesh screening
  • Noncombustible metal gutter covers and clean gutters
  • Sealed gaps at eaves, siding, and roof edges
  • Spark arrestors on chimneys and stovepipes
  • Multi‑pane or tempered windows when replacing
  • Noncombustible surfacing within 0 to 5 feet of the home and removing dead vegetation within 30 feet

For a practical example of the state’s low‑cost retrofit items reproduced by local agencies, review this county resource. Browse a sample low‑cost retrofit list.

Pre‑listing checklist for sellers

Get ahead of buyer questions and keep escrow smooth by pulling these items together before you list:

  • Completed NHDS and AB 38 home‑hardening disclosure for qualifying homes
  • Receipts, permit records, and contractor statements for any hardening or retrofit work you did
  • Any defensible‑space or AB 38 inspection reports you already have and where buyers can obtain them
  • Roof and window documentation if you upgraded materials to more fire‑resistant options

Some local fire agencies offer AB 38 inspections that produce a final report. If you have one, you must provide it or tell buyers how to get it. See an example of AB 38 inspection programs.

Timing and escrow tips

  • Deliver the NHDS and AB 38 disclosures early, ideally before or when you open escrow.
  • If you plan to schedule a defensible‑space or home‑hardening inspection, do it before listing. Follow‑up work and re‑inspection can add time.
  • If your parcel is near a mapped boundary, consider ordering a third‑party hazard report to avoid confusion later.

Insurance and buyer confidence

CAL FIRE’s hazard maps are planning and disclosure tools. The California Department of Insurance notes insurers use their own risk models, not the state maps, when underwriting. Still, buyers often ask about risk and premiums. Clear hardening disclosures and proof of maintenance can help. Read the Department of Insurance guidance.

Manufactured homes in Morgan Hill

Selling a manufactured home in Morgan Hill follows the same big ideas: complete the NHDS and, if the home is in a High or Very High FHSZ, provide the AB 38 home‑hardening disclosure. Manufactured‑home resales also use a specific transfer disclosure statement under Civil Code §1102.6d. Review the manufactured‑home transfer disclosure section.

Make compliance a selling point

Thoughtful disclosure protects you and strengthens buyer trust. If you are considering pre‑listing improvements, we can help you prioritize items that matter to buyers and keep your timeline on track. For hands‑on guidance that pairs local expertise with full‑service prep, connect with the Tenczar Team.

FAQs

Do Morgan Hill sellers need both NHDS and AB 38 forms?

  • Yes, if your property is in a High or Very High Fire Hazard Severity Zone you deliver the statewide NHDS plus the AB 38 home‑hardening disclosure, which now includes the low‑cost retrofit list and your completed items. See AB 38 requirements.

How do I confirm my Morgan Hill fire zone status?

What if my home sits on the edge of a mapped zone?

  • Civil Code §1103.2 says mark “Yes” on the NHDS if the map is not precise enough, or attach a qualified third‑party report verifying the correct status. Review the NHDS rules.

Will being in a Very High FHSZ block insurance or a sale?

  • No, hazard maps guide planning and disclosure and do not directly set insurance pricing, but insurers may view risk differently. Clear hardening and defensible‑space documentation can help buyer confidence. See the Insurance Department guidance.

What documents should I collect before listing in Morgan Hill?

  • Completed NHDS and AB 38 disclosure, receipts and permits for any retrofits or roof and window upgrades, and any final inspection reports or instructions to obtain them. See AB 38 content.

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