Under California Civil Code §1102.3, a seller must amend the Transfer Disclosure Statement if the seller becomes aware of new information after the original TDS is delivered. Which of the following does NOT trigger an obligation to amend the TDS?
Correct Answer
D) The buyer's independent home inspector discovers and reports a defect that was previously unknown to both the seller and the listing agent, and the seller has no independent knowledge of the condition
Under Civil Code §1102.3, the seller's duty to amend the TDS is triggered when the seller 'becomes aware' of new information that was not previously disclosed. When the buyer's own independent inspector discovers a defect unknown to the seller, and the seller has no independent knowledge of that condition, the seller has not 'become aware' of a fact through their own knowledge or investigation — the buyer has obtained the information directly through their own due diligence. The TDS amendment obligation is tied to the seller's personal awareness of undisclosed facts, not to information the buyer independently generates. The buyer already possesses the inspector's findings and is not prejudiced by the absence of a TDS amendment covering that same information.
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Previous Question
A buyer in California receives the TDS from the seller of a home in Sacramento. The TDS was hand-delivered to the buyer on Wednesday. The buyer reviews it and wants to rescind. Under California Civil Code §1102.3, what is the last day the buyer can exercise the rescission right?
Next Question
A California seller fails to provide a Transfer Disclosure Statement before close of escrow. Two years after closing, the buyer discovers undisclosed foundation problems. The seller claims the buyer waived the TDS by proceeding to close escrow. Which statement best describes the buyer's legal position under California law?