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You are expected to disclose only material defects or facts. Material in this sense simply means something that is important for or determinative in the buyers decision to purchase the home.
When you make an offer on a home, one of the first pieces of paperwork youll get is a sellers property disclosure. Also known as a property disclosure statement, home disclosure and real estate disclosure form, this document contains a list of known problems with the home.
The Transfer Disclosure Statement (TDS) is required in the state of California unless the seller (or transferor) meets one of the following conditions: Court-ordered sales such as probate sales, foreclosure sales, sale by bankruptcy trustee, eminent domain.
Disclosures Upon Transfer of Residential Property (TDS) The TDS is the most general disclosure form related to the sale of a home. (SPQ) Natural Hazards Disclosure (NHD) Lead Based Paint Hazard. Other Disclosures. Termination Right.
Court decisions in California for decades make it very clear that sellers (and their real estate agent) have the duty to disclose prior inspection reports on a listed parcel that are in the possession, custody or control of the seller regardless of who initially paid for the report.
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Sellers and real estate professionals must disclose all known defects and hazards on a property. While a seller needs to be truthful, their agent also needs to investigate to make sure all known hazards and defects are fully disclosed to potential buyers.
Property sellers are usually required to disclose negative information about a property. It is usually wise to always disclose issues with your home, whether you are legally bound to or not. The seller must follow local, state, and federal laws regarding disclosures when selling their home.
Whoever paid for the inspection gets the report As the seller, youre not a part of that legal business relationship, even though its your house in the middle of it all. The bottom line is: If the buyer pays for the inspection, its theirs to share or not share.
California requires buyers to fill out the state and the Natural Hazards Disclosure, which details whether the property is in a zone subject to natural hazards, such as earthquakes or wildfire. Some cities or counties may require disclosure about the neighborhood or community.
California Real Estate Disclosure Requirements California Transfer Disclosure Statement. California Natural Hazard Disclosure Statement. California Notice of Supplemental Property Tax Bill Disclosure. California Appraisal Discrimination Addendum Disclosure.

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