California Association of Realtors Disclosures

I have to write about a pet peave of mine.  I am so tired of Sellers’ agent not explaining to their sellers how important it is to feel out the California Assocication of Realtors(CAR) disclosures.  It seems like 8 of 10 times when I get disclosures from the sellers agent they are not completely filled out and very inaccurate. 

I have a deal currently going thru escrow and when I recieved my Transfer Disclosure Statement (TDS) and Seller Property Questionaire (SPQ) both documents had mutlitple inaccurate answers.   Let me give you an example of two questions that they answered now that you know the home they are selling. 

2. Is the features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use of responsibility for maintenance may have an effect on the subject property?  The seller answered …NO

14. Any “common area” (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)?  the seller answered….(NO)

The home my buyer is in the process of purchasing is a condominum in a mid-rise building (14 stories).  There is approximately 94 other units in this building.  This building has a gym, meeting room, bbq’s outside for everyone to use, lobby, elevators and storage rooms. Don’t you think that these answers should be “Yes”?  These are only two questions that are so obviously incorrect.  When you see that they answered these question wrong you begin to wonder if they read any of the questions.?  I think sellers feel if they say “no” then there will be no problems. 

However what a sellers’ agent needs to explain to their client is that these disclosure are for their protection.  It’s very important that they disclose all know facts to the buyer, reliving them of any recourse.  If the seller discloses and the buyer still purchases he/sher has no case down the road.

I am writing this blog in the hope that when you go to sell you will take your time filling out the C.A.R. disclosures, for your own protection.