CALIFORNIA DEPARTMENT OF REAL ESTATE - Disclosure Statement

[mtnelect]

Sellers Disclosure California (2024 Updates)​

60% of sellers do not reveal defects in their homes to the buyers. Moreover, 95% of homebuyers discover issues with their new properties only after the closing process is complete. To avoid such problems, California has made filling out seller disclosure forms mandatory.

A seller disclosure is a document that informs the buyer about any material defects in your home. As a seller, you must fill this document accurately and honestly. If you hide defects knowingly or unknowingly, you might end up in lawsuits, lose money, and damage your reputation.

So, before selling your home, seek help from real estate professionals like Houzeo. You will get all federal and state disclosures, which makes the selling process seamless and hassle-free.

Mod Note: I have removed the link to a commercial website. Normally that link would have gotten the thread starter deleted and the poster banned for spam. Since this thread has already built up some interesting posts and was started by an established member, I have not deleted it. But other Mods may choose differently.

 

[zbang]

Before, and when, selling, seek help from a human local full-time real estate professional, they'll know the local procedures and customs better than any web site.

 

[mtnelect]

Could this be why so many people are moving to other states ?

 

[mtnelect]

How can you sell a home in today's environment without leaving a little missing information ?

 

[Buck Parrish]

Watch out for stucco on the interior unfinished basement walls.

 

[letgomywago]

Could this be why so many people are moving to other states ?

2/3rds of the country avoids the other 1/3rd actively. It's just the way it is

 

[Fred B]

NY has had one for years. Meaningless. No teeth, a typical homeowner has not the knowledge nor expertise to make a substantial informed statement as to material defects. According legal proceedings.

 

[acin]

Sellers Disclosure California (2024 Updates)​

60% of sellers do not reveal defects in their homes to the buyers. Moreover, 95% of homebuyers discover issues with their new properties only after the closing process is complete. To avoid such problems, California has made filling out seller disclosure forms mandatory.

A seller disclosure is a document that informs the buyer about any material defects in your home. As a seller, you must fill this document accurately and honestly. If you hide defects knowingly or unknowingly, you might end up in lawsuits, lose money, and damage your reputation.

So, before selling your home, seek help from real estate professionals like Houzeo. You will get all federal and state disclosures, which makes the selling process seamless and hassle-free.

What about an AS IS CONDITION agreement ?

 

[Seven-Delta-FortyOne]

That's an ad for something apparently called Houzeo

The stupid get duped. The rest of us, make it happen in spite whatever State is actively trying to steal everything we make, to support themselves and their failed policies.


Nothing new to see here boys, moving along..........

 

[tthh]

If I recall correctly, it has been this way in South Carolina for years. My late father-in-law went to sell a house there and the buyer's inspector found some stuff. My father-in-law was going to hire an engineer to research the main complaint. I saw the photos and told him the less he knows the better since he was required to disclose anything he knew.

 

[ramsy]

NY has had one for years. Meaningless. No teeth, a typical homeowner has not the knowledge nor expertise to make a substantial informed statement as to material defects. According legal proceedings.

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 self-regulated industry use of SPQ is fungible, in comparison to mandated transfer on disclosure statements (TDS), especially the detail required in .6h amendment effective this year in California Civil Code § 1102.

 

[ramsy]

I saw the photos and told him the less he knows the better since he was required to disclose anything he knew.

Nothing avoids AHJ's, inspectors, tax assessors, and the Sheriff of Nottingham more than real-estate sales.

By mandating sellers make a record of alterations with contractor names on the TDS, perpetrators of construction defect must use fake names, hide material invoices, can't deposit checks, can't disclose their drivers license, or anything with their name, since it leaves a paper trail. If they don't believe their workmanship is defective, then they may be found, which is far better than the self-regulated Seller Property Questionnaire (SPQ).

 

[AC\DC]

maybe outlaw Home inspector and get home inspected by professional !!!!

 

[jaggedben]

Could this be why so many people are moving to other states ?

No. To the extent people are moving to other states (not that much really), it's because housing is so expensive that whether or not you care about undisclosed defects, some other bidder will make a no-contigencies offer.

 

[ramsy]

maybe outlaw Home inspector and get home inspected by professional !!!!

When a GL policy is hired to correct items on home inspection reports, that General-Liability policy gets attached to the train wreck, which AHJ's avoid by indemnity.

Prior efforts to raise property taxes, much less make property sales subject to AHJ condemnation, or retroactive permits, have enraged owners who vote.

Property tax increases turn liberal voters into conservatives, who join efforts to defund the regulator, eviscerating good public policy along with the bad.

 

[zbang]

maybe outlaw Home inspector and get home inspected by professional !!!!

A professional what? Maybe a professional home inspector? (There are plenty of good ones out there, mostly retired contractors who know their limits.)

Back to the disclosures- I was happy to receive a required list of all the known underground tanks within half a mile from the property; wasn't expecting it but it's part of the package (there were a lot). There was also a disclosure if anyone has died in the house and if there are any utility easements. A sewer line inspection is required. What the issue with having all of that?

 

[letgomywago]

A professional what? Maybe a professional home inspector? (There are plenty of good ones out there, mostly retired contractors who know their limits.)

Back to the disclosures- I was happy to receive a required list of all the known underground tanks within half a mile from the property; wasn't expecting it but it's part of the package (there were a lot). There was also a disclosure if anyone has died in the house and if there are any utility easements. A sewer line inspection is required. What the issue with having all of that?

I think most here are OK with the things you mentioned. It's the silly stuff that could be done later that we get calls to fix super fast like 1 day notice on a service change and stuff like that. I'm ok with a home inspector have 10+years of residential construction and remodeling experience but I'm not ok with the guys who spent 2 weeks at a hotel meeting room who come out without ever doing anything ever thinking they know everything there is to know because they have a checklist and cell phone with a camera

 

[mtnelect]

What about an AS IS CONDITION agreement ?

As long as all the defects are revealed in writing (Sales Contract) no problem. Although, always remember the old legal saying "You Can Sue a Ham Sandwith".

 

[mtnelect]

This amendment which was signed by the Governor was 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" ?

 

[suemarkp]

May not really help much. Our disclosure form here in WA has 3 choices - yes, no, and don't know. Most people check don't know. How are you going to prove they knew something. When I bought my last house, the home owner did check NO to "are there any tanks that have contained fuel, oil, chemicals, ...". I was digging in a planting bed and discovered an old buried oil tank. I opened the cap and put a stake in the tank and it had about 6 inches of oil in it. I checked with the gas utility and found the previous owner changed from oil to gas heat about 6 months after buying the place which was about 25 years prior. So obviously he knew the tank was there. I thought about suing him for the cost of mitigating that tank, but I did not. He probably would have said "I forgot about it and thought there were no tanks".

It is best to be stupid when selling a house and say you know how nothing works or how anything was done.