California dual capacity disclosure - REMN Wholesale 2025

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Legally speaking, a dual agent is a real estate broker, or agents working for the same broker, who act on behalf of both the seller and the buyer in a transaction. A broker is permitted to act as a dual agent in California only if the buyer and seller are both aware of and consent to the dual agency.
The agency disclosure form is required for any sale or exchange of one-to-four dwelling units, any lease on one-to-four dwelling units for more than 1 year, commercial real property, and any mobile home if sold by a real estate licensee.
Per the Lending Letter, a mortgage loan originator, or an associate of a mortgage loan originator, may act as both a mortgage loan originator and a real estate broker or agent in connection with the sale of property if the mortgage loan originator provides the buyer a dual capacity disclosure informing the borrower
The TDS is required in the sale of one to four residential units as well as transfers by exchange, installment land sale contract, lease with an option to purchase, option to purchase, or ground lease coupled with improvements.
What types of transactions in California may require agency disclosure? B - Agency disclosure is required for listings for sale or lease involving one- to four-unit residential properties and non-residential (commercial) properties.
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California, like many states, requires most sellers of residential property containing one to four units to disclose, in writing, details about the property they being offered. These disclosure obligations apply whether its a standalone home, a high-rise condo unit, or a manufactured or mobile home.
Examples of material facts that must be disclosed include structural problems with the house, soil problems, a leaking roof, unpermitted construction, neighborhood noise problems, and anything else that a buyer would deem to be important.

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