Helen is selling her home in Modesto, California. She tells her listing agent that the home's central air conditioning unit stopped working six months ago, but she has not repaired it. Under the TDS requirements, what must Helen do?
Correct Answer
C) Disclose the non-functioning air conditioning unit on the TDS as a known defect
Under California Civil Code §1102.6, the seller must disclose all known defects and conditions of the property on the TDS, including non-functioning systems. Helen must note that the central air conditioning unit is not operational.
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An investor purchases a four-unit apartment building in San Jose, California, from a bank that acquired the property through foreclosure. The investor asks the bank for a Transfer Disclosure Statement. How should the bank respond?
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A California listing agent is aware that a death occurred on a residential property 18 months before the current buyer submitted an offer. The agent does not proactively disclose this fact to the buyer. The buyer discovers the history after closing and threatens legal action. Under California Civil Code §1710.2, which factor is MOST determinative in assessing whether the agent had a disclosure obligation?