A California listing agent represents a seller who is an elderly widow with limited English proficiency. The seller does not fully understand the TDS questions and asks the agent to fill out the seller's section for her. Under California law, how should the agent handle this situation?
Correct Answer
B) Assist the seller in understanding the questions but ensure the seller provides the answers and signs the form based on her own knowledge
The agent may assist the seller in understanding the TDS questions, including providing translation or clarification, but the responses must come from the seller based on her own knowledge of the property. The TDS is the seller's disclosure, and the seller must be the source of the information. The agent should ensure the seller understands what she is signing.
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Previous Question
A California seller provides a TDS that accurately describes all known conditions at the time of signing. Three weeks later, a strong earthquake causes visible cracks in the home's walls and damages the chimney. Escrow has not yet closed. What must the seller do?
Next Question
A seller is selling a condominium in a California common interest development (CID). In addition to the TDS, which disclosure package is the seller required to provide under California Civil Code §4525?