Get CA Supplemental Disclosure

A substituted disclosure is a disclosure that is intended to satisfy the disclosure obligations on [the TDS form], where the subject matter is the same.

When a seller fails to disclose a material, latent defect, that seller is liable for any costs the purchaser has to pay to remedy the situation. This liability extends to the listing agent. ... The owner and agent may remain liable even if the buyer's inspector does not discover the defect(s) during inspection.

An exempt seller in the most common scenario is when a property is held in a trust and the trustee does not reside in the property. The seller is exempt from having to fill out the Transfer Disclosure Statement. In that rare case C.A.R. has created the form Exempt Seller disclosure.

But read the fine print: If a buyer asks, this same statute requires the seller to disclose any death on the property more than 3 years old. Whether it's snakes, mice, or bats, in most states, sellers are required by law to disclose any sort of pest infestation or issue.

When is a home seller exempt from providing a seller's disclosure to a buyer? ... Another seller hadn't even lived in the property they were selling; it was an investment property and they didn't have enough first-hand knowledge of the property's history to provide a disclosure.

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.

California Real Estate Disclosure Requirements In California, sellers must provide a Transfer Disclosure Statement (TDS) to any potential buyer whose offer has been accepted. This form asks specific questions about defects or malfunctions the seller may be aware of.

Other exemptions from of the TDS include transfers from one co-owner to another, transfers made to a spouse or child, grandchild, parent, grandparent or other direct ancestor or descendent; transfers between spouses in connection with dissolution of marriage, and various transfers to the state for failure to pay ...