Effective July 1, 2014, the Real Estate Transfer Disclosure Statement (TDS) has been revised to require disclosure of whether a seller is aware of certain construction defect claims under SB 800 (at Cal. Civil Code §§ 895, et seq.) as specified.
The TDS is generally a required disclosure for sales transactions involving one-to-four residential units (with certain exemptions).
Under the new law, the revised TDS will inquire, in question 16 of Section 11C, as to whether a seller is aware of any of the following claims threatening to or affecting the real property: (1) claims for damages by the seller based on construction defects (under Cal. Civil Code §§ 910 and 914); (2) claims for breach of warranty (under Cal. Civil Code § 900); or (3) claims for breach of an enhanced protection agreement (under Cal. Civil Code § 903), including any lawsuits or claims for damages under sections 910 or 914 alleging a defect or deficiency in the real property or common areas.
By Harrison K. Long. Source of some information is the California Association of Realtors. This is for information only and is not the providing of legal services. If you are a home seller, you should consult carefully with your Realtor, broker and agent, about your disclosure obligations.
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