Are seller disclosures mandatory?

Yes, seller disclosures are mandatory in residential real estate law in California. The California Civil Code §1102 provides that all residential property sellers must provide prospective buyers with a Transfer Disclosure Statement (TDS) listing the condition of the property, and any known defects or problems. This statement must be delivered to the buyer no later than 10 days before signing the purchase agreement, and must be updated if the seller discovers any new information that could affect the value of the property. In addition, California law requires sellers to answer certain questions about matters such as encroachments, adverse possession, and building code violations on the TDS. This statement must be signed and dated by both the buyer and the seller, and must include a notice informing the buyer that they have the right to receive a Natural Hazard Disclosure Statement. Lastly, California law requires sellers to disclose if there are any known hazards on the property, such as the presence of hazardous waste, lead, asbestos, or other toxic materials. Furthermore, California law requires sellers to disclose any death that occurred on the property within the last three years. This disclosure must be made in writing, and must be made before contract acceptance or escrow closure. In conclusion, sellers in residential real estate law in California are required to provide potential buyers with disclosure statements, which must include information about previous deaths, hazardous materials, and other known problems or defects.

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