The Transfer Disclosure Statement requires sellers to disclose various known property conditions under California Civil Code §1102 et seq. All of the following must be disclosed on the TDS EXCEPT:
Correct Answer
B) Whether the property shares a common wall with an adjacent structure
Sharing a common wall is a physical characteristic of certain property types (e.g., townhomes, row houses) but is not among the specific disclosure items enumerated in the TDS under California Civil Code §1102.6. The TDS targets known defects, material conditions, and system statuses — not neutral structural descriptions that are typically evident from inspection or public records.
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Patricia buys a home in Oakland, California. After closing, she discovers the seller knew about a termite infestation but did not disclose it on the TDS. Under California law, which is the strongest legal basis for Patricia's claim against the seller?
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Kevin, a buyer's agent in California, receives a TDS for a property his client wants to purchase. Several questions in the seller's section are left blank. What should Kevin advise his client?