Carlos is selling his home in Fresno. After delivering the TDS to the buyer, Carlos discovers a new crack in the foundation before escrow closes. Under California Civil Code §1102.3(c), what is Carlos required to do?
Correct Answer
B) Provide an amended TDS disclosing the newly discovered foundation crack as soon as practicable
Under California Civil Code §1102.3(c), if the seller becomes aware of new material information after delivering the TDS but before close of escrow, the seller must provide an amended disclosure as soon as practicable. The buyer then receives a new rescission period.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
More Practice Of Real Estate Disclosures Questions
At a DRE administrative disciplinary hearing in California, what standard of proof must the Department meet to sustain a finding against a licensee?
A California property owner in a Mello-Roos CFD discovers that the bond proceeds were mismanaged by the CFD administrator and the planned community park was never built, even though property owners have been paying the special tax for 10 years. What legal recourse does the property owner have?
A seller in Sacramento is selling a single-family home. The listing agent wants to ensure accurate NHD information. Under California law, can the seller's agent rely on a third-party NHD report from a qualified company to satisfy the disclosure requirement?
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Under California law, how often must a broker reconcile the trust account?
- → A California broker places an ad that states: 'As seen on HGTV — our agents are the best in the state!' None of the broker's agents have appeared on HGTV. Under California law, this advertisement:
- → Under California law, several disclosures relate to property taxes and special assessments. All of the following must be disclosed to a buyer EXCEPT:
- → A landlord must give a month-to-month tenant how many days' notice to terminate the tenancy in California (for tenancies less than one year)?
- → A California broker is ready to assign a new salesperson to handle client showings and write offers. Under Cal. B&P Code §10159.2 and DRE regulations, which of the following best describes the broker's licensing-related responsibility before the salesperson begins working?
- → George, a California seller, completes the TDS for his home in Anaheim. He marks 'Yes' to the question about whether he is aware of any room additions or structural modifications. He then writes that he added a bedroom and bathroom three years ago with a building permit. Under California law, is this disclosure adequate?
- → A salesperson receives a $2,000 cash earnest money deposit from a buyer during a property showing. Under Commissioner's Regulation 2832, what is the salesperson's required next step?
- → A commission check payable to a California brokerage arrives after a transaction closes. The salesperson who closed the deal asks the broker to endorse the check directly to the salesperson rather than processing it through the brokerage. Under DRE regulations, what is the broker's correct course of action?
- → During a DRE audit of a California broker's office, the auditor finds that the last completed trust account reconciliation is dated eight months ago. Which of the following best describes the broker's compliance status under Commissioner's Regulation 2831.2?
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Previous Question
Angela, a listing agent in San Diego, notices ceiling stains during her visual inspection of a property. The seller says the stains are from an old spill, not a leak. Under California law, what should Angela do regarding the TDS?
Next Question
A seller completing the Transfer Disclosure Statement in California must disclose various property conditions. All of the following must be disclosed on the TDS EXCEPT:
