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Questions and Answers
What is the purpose of the disclosures mentioned in the document?
What is the purpose of the disclosures mentioned in the document?
- To outline the terms of the sale agreement.
- To fulfill the disclosure obligations required by law. (correct)
- To increase the property's market value.
- To guarantee the quality of the property.
Who is allowed to provide copies of the Seller's information statement to interested parties?
Who is allowed to provide copies of the Seller's information statement to interested parties?
- Only the real estate broker.
- Only the Seller.
- Any agents representing principals in the transaction. (correct)
- The future buyer and their legal counsel.
What does the Seller's information disclose regarding property occupancy?
What does the Seller's information disclose regarding property occupancy?
- It states that the Seller must occupy the property.
- It requires the Buyer to occupy the property immediately.
- It indicates whether the Seller is currently occupying the property. (correct)
- It guarantees that the property will be vacated before sale.
What is the primary purpose of the Transfer Disclosure Statement (TDS)?
What is the primary purpose of the Transfer Disclosure Statement (TDS)?
Which document requires compliance with mandated disclosures on property condition?
Which document requires compliance with mandated disclosures on property condition?
What sections of the Civil Code relate to the Transfer Disclosure Statement?
What sections of the Civil Code relate to the Transfer Disclosure Statement?
What is required for all single-family residences built on or before January 1, 1994, after January 1, 2017?
What is required for all single-family residences built on or before January 1, 1994, after January 1, 2017?
What is a requirement for alterations to single-family residences built on or before January 1, 1994, after January 1, 2014?
What is a requirement for alterations to single-family residences built on or before January 1, 1994, after January 1, 2014?
What should be noted if room additions or structural modifications are made without necessary permits?
What should be noted if room additions or structural modifications are made without necessary permits?
What issue must be reported regarding flooding or drainage problems?
What issue must be reported regarding flooding or drainage problems?
Which of the following is required regarding encroachments or easements affecting property interest?
Which of the following is required regarding encroachments or easements affecting property interest?
Which item is typically responsible for refrigerating food within the home?
Which item is typically responsible for refrigerating food within the home?
What is the primary function of a sump pump?
What is the primary function of a sump pump?
What component is typically used for outdoor cooking?
What component is typically used for outdoor cooking?
Which feature is important for ensuring swimming pool safety, especially for children?
Which feature is important for ensuring swimming pool safety, especially for children?
What utility feature provides the benefit of removing contaminants from household water?
What utility feature provides the benefit of removing contaminants from household water?
Which heating method is associated with utilizing stored energy from the sun?
Which heating method is associated with utilizing stored energy from the sun?
What feature is specifically designed to aid in vehicular charging at home?
What feature is specifically designed to aid in vehicular charging at home?
Which device is essential for detecting smoke and alerting occupants to a fire?
Which device is essential for detecting smoke and alerting occupants to a fire?
Flashcards
Substituted Disclosures
Substituted Disclosures
Disclosure requirements are fulfilled when the necessary information is provided in connection with the real estate transfer.
Natural Hazard Disclosure Report
Natural Hazard Disclosure Report
The Natural Hazard Disclosure Report provides details about potential hazards related to a property, such as earthquakes, floods, or airport noise.
Seller’s Information
Seller’s Information
Information about the property’s condition is communicated to potential buyers.
Is the seller occupying the property?
Is the seller occupying the property?
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This information is a disclosure.
This information is a disclosure.
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Transfer Disclosure Statement (TDS)
Transfer Disclosure Statement (TDS)
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Is the TDS a warranty?
Is the TDS a warranty?
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What kind of information does the TDS reveal?
What kind of information does the TDS reveal?
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Who completes the TDS?
Who completes the TDS?
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Why is the TDS important for buyers?
Why is the TDS important for buyers?
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What is an oven?
What is an oven?
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What is a microwave?
What is a microwave?
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What is a septic tank?
What is a septic tank?
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What is a sump pump?
What is a sump pump?
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What is a water softener?
What is a water softener?
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What is a burglar alarm?
What is a burglar alarm?
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What is a carbon monoxide detector?
What is a carbon monoxide detector?
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What is a fire alarm?
What is a fire alarm?
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Water-Conserving Fixtures Mandate
Water-Conserving Fixtures Mandate
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Water-Conserving Fixtures with Renovations
Water-Conserving Fixtures with Renovations
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Section 1101.4 of the Civil Code
Section 1101.4 of the Civil Code
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Environmental Hazard Disclosure
Environmental Hazard Disclosure
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Shared Property Features Disclosure
Shared Property Features Disclosure
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Property Interest Disclosure
Property Interest Disclosure
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Unauthorized Alterations Disclosure
Unauthorized Alterations Disclosure
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Study Notes
Transfer Disclosure Statement (TDS)
- This form is used by sellers and agents when marketing residential properties (one to four units).
- It provides prospective buyers with property information, including known or suspected defects affecting value.
- The disclosure statement is prepared for: seller's listing agreement, purchase agreement, and counteroffers.
- The statement details the condition of the property as of a specific date (e.g., 20 __).
- It's not a warranty from the seller or their agents.
- It's not a replacement for inspections and warranties.
- Other disclosures, like those related to special study zones, and purchase-money liens, might also be required depending on the specific transaction.
Seller's Disclosure
- Sellers disclose information about property conditions knowing it's not a warranty but buyers may use it for decision-making
- The seller authorizes agents to share the statement with prospective buyers.
- Representations made by the seller are not the agent's responsibility
- Key aspects of the property are noted (range, dishwasher, washer/dryer, alarms, heating, AC, sprinklers, pool equipment, etc.).
- Sellers disclose whether these items are in operating condition.
- Significant structural issues are documented.
- Environmental hazards, shared property features, encroachments, easements, permits, additions, fill, settling, flooding, damage, zoning violations, CC&Rs, Homeowner's Associations, and lawsuits are also included.
Agent's Disclosure
- If the seller has an agent, that agent's disclosure is required.
- The agent provides a reasonably competent and diligent visual inspection of accessible areas.
- Agent notes any issues discovered during the inspection.
- Separate agent disclosures are used if the inspection agent isn't the same as the agent handling the transaction.
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