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theres certain circumstances where sellers are exempt from providing a TDS to the buyer however theyre not exempt from disclosing material facts that might affect the value of the property that is a reason Carr put together the ESD form X and seller disclosure which covers the first eleven questions in the first page of the spq their sellers can checkmark either yes or no to the described condition or event and provide further explanation that said heres some of the reasons the seller is legally exempt from providing a TDS foreclosure cells court order transfers transferred by an appointed administrator of a trust or state transferred to a spouse are from one co-owner to another transfers resulting from a divorce legal separation or settlement agreement transfers to are from any governmental entity transfers resulting from not paying taxes or the sell of a brand-new home from a new development project do note that even if the seller is exempt from the TDS as a real estate agent it i