CALIFORNIA ASSEMBLY - Single Family Residential Property Disclosures

[mtnelect]

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

 

[ramsy]

Good information. Thanks for posting.

Each State has similar disclosure laws during property sales.

State Disclosure Laws

Almost every U.S. state has passed laws mandating that sellers give buyers specific information about the conditions and features of the house. Find your state's rul

www.nolo.com

 

[mtnelect]

Good information. Thanks for posting.

Each State has similar disclosure laws during property sales.

State Disclosure Laws

Almost every U.S. state has passed laws mandating that sellers give buyers specific information about the conditions and features of the house. Find your state's rul

www.nolo.com

Yes, but this amendment takes it to the next level. This is being sponsored by CSLB and they wanted to know who did the work and permit information. Do the other states also have these new requirements of "Name Rank & Serial Number" ?

It's still not law yet but close.

 

[gadfly56]

Yes, but this amendment takes it to the next level. This is being sponsored by CSLB and they wanted to know who did the work and permit information. Do the other states also have these new requirements of "Name Rank & Serial Number" ?

It's still not law yet but close.

That could blow up a lot of properties, what with the complaints folks have made in this forum about trunk slammers in CA.

 

[Jraef]

Part of this is the wave of house flippers doing some really shady crap under the guise of “homeowner improvements” where they do major changes without needing a contractor’s license of any sort.

 

[electrofelon]

Boring.....I live in NY. Nothing at all against California but I think I care about 17th century Turkish quilting patterns and styles a bit more....

 

[electrofelon]

MTN, can you maybe reconsider posting this stuff? There are 49 other states ya know......

 

[mtnelect]

MTN, can you maybe reconsider posting this stuff? There are 49 other states ya know......

Thank you for your comment ... I love your logo, it's very appropriate.

 

[electrofelon]

Thank you for your comment ... I love your logo, it's very appropriate.

I know CA is a big state. Maybe Mike can make a CA specific forum?

Yeah I like poles.

 

[ramsy]

I know CA is a big state. Maybe Mike can make a CA specific forum?

Unlike Canada California wont get it's own forum, since it adopts the same NEC & local-amendment authority as other state jurisdictions.

The OP topic of Transfer on Disclosure Statements (TDS) is a real estate practice adopted by most states, under the doctrine of "Cavet Venditor" .

Different state's Association of Realtors may require details of construction defects on Seller Property Questionnaire (SPQ), among other things. (ie) If asked CA.Civ.Code 1710.2(d) even requires sellers to disclose any deaths, haunting, or paranormal activity.

 

[ramsy]

Yes, but this amendment takes it to the next level. This is being sponsored by CSLB and they wanted to know who did the work and permit information. Do the other states also have these new requirements of "Name Rank & Serial Number" ?

It's still not law yet but close.

Each state Association of Realtors use of Seller Property Questionnaire (SPQ) covers similar issues, but the penalty for realtors missing the SPQ during home sales may be trivial.

The industry SPQ self regulation is fungible, in comparison to mandated transfer on disclosure statements (TDS), or .6h amendment effective in 2024 California Civil Code § 1102

After 2024, realtors may be added to the law suit food chain during casualty claims resulting in homeowner losses. However, liable contractors will likely disapear, or change corporate names, and carry on business as usual,

 

[mtnelect]

I know CA is a big state. Maybe Mike can make a CA specific forum?

Yeah I like poles.

IMO you are a great asset on this forum ... you knowledge of POCO is very valuable.

 

[norcal]

Part of this is the wave of house flippers doing some really shady crap under the guise of “homeowner improvements” where they do major changes without needing a contractor’s license of any sort.

A house that has been flipped should have to be disclosed for this very reason.

 

[jaggedben]

This thread should probably have been in Campfire Chat.

I think this law is going to be fairly toothless, because it just requires disclosures, and therefore it depends on buyers to enforce. And the California market remains a sellers market where buyers don't want to rock the boat and lose the house to the next bidder who gave a no-contingency bid. It seems like a weak stategy for the CSLB because most buyers don't understand how or why to look up a contractor's license anyway. Where I think it may have some impact is contractors doing jobs without permits, since that is something homeowners may call building departments about and (in some cases unwittingly) tip off AHJs who may then come after contractors for fines for unpermitted work. A small number of unlicensed contractors may also get reported to the CSLB this way. I suspect that some shadier flippers and sellers will just respond by illegally not disclosing the work. Who is going to catch that and enforce against it? Only homeowners with enough time and money to gather evidence and sue, and then only if there's a defect to sue about.

It doesn't seem to encompass house flippers doing their own work, because it targets contractors.

 

[jaggedben]

I also think it's hilarious how the original draft only covered licensed contractors. At some point someone realized that the way it was written actually exempted unlicensed contracting work from being disclosed, but that's precisely the people they are trying to catch. So they did a 'search and delete' for the word 'licensed.'

 

[mtnelect]

I also think it's hilarious how the original draft only covered licensed contractors. At some point someone realized that the way it was written actually exempted unlicensed contracting work from being disclosed, but that's precisely the people they are trying to catch. So they did a 'search and delete' for the word 'licensed.'

I will take your suggestion and continue this discussion in "Campfire".

 

[don_resqcapt19]

please continue this discussion here