It is prepared by the seller's solicitors.
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.
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.
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 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.
The easiest way to obtain copes of previous disclosures, if the seller doesn't have them or is unwilling to give you a copy, is to request them from the broker(s) who sold the property previously.
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.