A: Your agent is right. This is a crucial disclosure for all sales of residential properties from one to four units. It sounds simple, but he is the grandfather and the big boss of all revelations. The TDS is a legal disclosure, which means that it is required by the State of California and cannot be revoked by the seller or buyer. If the buyer has released all eventualities – loan, physical inspection and valuation – and the seller provides the buyer with additional information for the TDS, the buyer now has five days to cancel the sale and receive all down payment funds. It`s important. In court, it turned out that Strassburger was aware of the earthmoving problems. In 1973 and 1976, he experienced landslides on his property. It has taken corrective action to try to resolve the issues. He never spoke to the officers about the upsetting themes. All the agents had visited the property several times. What drew the officers into the trial were “red flags.” This is an important concept when it comes to real estate agents and disclosures. In court, one officer said he knew the house had been built on top of the filling, and another officer had seen correction nets on the hill.

An additional officer had determined that the floor of the guest house was uneven. These were all red flags. None of these officers disclosed Easton`s submissions. Officers often try to file additional disclosures towards the fence that are not necessary. The most common are the declaration of conformity for water heaters and smoke detectors and the carbon monoxide detector notification, which are included in the TDS on page 4 and are therefore redundant. Note that real estate agents should only disclose what they observe. Officers are required by law to enter the property and write down anything they see, even if it is a crack in the sidewalk. California`s disclosure form contains several parts specific to specific areas of the state and may not need to be completed by all sellers.

These elements include the declaration of local option transfer, disclosure of natural hazards for flood, fire, earthquake and wilderness areas, and reference to the collection of special taxes. As the California Department of Real Estate explains, a TDS is a form that notifies buyers of significant defects in the property. Sellers are required to disclose complete information about the property. Here, our Riverside residential real estate attorneys explain the most important things you need to know about mandatory disclosures in California. Sellers may want to make the future inspection of the buyer`s home a part of this disclosure by checking the appropriate box. In addition, they may include other inspections such as pest reports as part of the form. On the last pages of the form, a seller can also find additional information about California law on many of the disclosure elements listed at the top of the document. This information includes descriptions of requirements for smoke detectors, seismic anchors, lead-containing paints, pest control inspections and environmental hazards.

A Transfer Disclosure Statement (TDS) is required by California law in California Civil Code Section 1102. This law requires every home seller to complete a TDS for the buyer. This document is one of the seller`s disclosures that buyers receive during their contractual emergency. The purpose of the TDS is to inform a buyer of serious defects in a property, as required by California law. The TDS must be made available to the buyer prior to the conclusion of the transaction. A buyer has the opportunity to review the statement and ask follow-up questions on the relevant issues. From there, the buyer can proceed as he sees fit. The most important legal requirement is that sellers must disclose any material defects. Otherwise, they could be held liable. In all U.S. states, sellers of residential properties are required to make certain disclosures to buyers. However, California has one of the strictest disclosure laws in the entire country.

The mandatory Transfer Disclosure Declaration (TDS) requires sellers of residential properties to provide complete and detailed information before a sale is concluded. .