What are Real Estate Disclosures and Why Are They Important?
In addition, sellers must fill out disclosures specific to California that fully detail what the sellers know about the property. These are known as the “Transfer Disclosure Statement” (aka “TDS”) and “Seller Property Questionnaire” (known as “SPQ”). They must also provide a Natural Hazard Disclosure, which shows whether the property is in a flood, landslide, fire, earthquake, or liquefaction zone. In the East Bay, they will also include a Preliminary Title Report, demonstrating whether the property has any easements, liens, or taxes, among other things.
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As a seller, what should you disclose? The legal standard is any material fact that you know or should know about, so if you had a roof leak last year, do NOT just paint over it and hope the buyer doesn’t find out. That could definitely lead to legal recourse against you!
As a buyer, how do you read disclosures? Make sure you’re working with a seasoned Realtor who can help you understand what you’re reading and why it’s important.
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