Sellers must fill out either an unimproved or improved residential real estate disclosure form, which covers various topics about the property's condition. This comprehensive form asks about the state of the home's electrical, plumbing, heating and other systems.
Directors and officers of publicly traded companies: Directors and officers of publicly traded companies have a fiduciary duty to act in the best interests of the company and its shareholders. As part of this duty, they are required to disclose material facts to the public in a timely manner.
Sellers are required to disclose any material facts that could affect the property's value or desirability. This includes structural issues, water damage, termite infestations, and the presence of hazardous materials like asbestos or lead-based paint.
Sellers must complete a Transfer Disclosure Statement (TDS), in which they disclose known defects and other pertinent information about the property. Failure to disclose these material facts can lead to legal liability.
Who Must Make These Seller Disclosures in California. As a broad rule, all sellers of residential real estate property containing one to four units in California must complete and provide written disclosures to the prospective buyers.
Sellers are required to disclose any material facts that could affect the property's value or desirability. This includes structural issues, water damage, termite infestations, and the presence of hazardous materials like asbestos or lead-based paint.
1. Transfer Disclosure Statement (TDS) The Transfer Disclosure Statement (TDS) is one of the most comprehensive and important documents you will need to complete. It provides detailed information about the property's condition and any issues that may affect its value or desirability.
While sellers have always been required to disclose material facts, the Form 17 has been required by law (RCW 64.06. 020) since January 1, 1995. It has undergone ten revisions since its inception, the last of which went into effect in 2021.
It is prepared by the seller's solicitors.
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.