Here’s a detailed list of possible questions about the Disclosure Information Advisory with explanations for each, so agents can guide clients clearly and stay compliant.

  1. What is the purpose of the Disclosure Information Advisory?

It informs the buyer and seller about their rights and obligations under California law to disclose all known material facts affecting the value or desirability of the property, even if not specifically asked.

  1. Who is required to complete disclosures?

In most residential sales, the seller is required to complete forms such as the Transfer Disclosure Statement (TDS) and other mandated disclosures unless exempt under specific legal exceptions (e.g., certain probate sales, bankruptcy sales, or REO properties).

  1. What happens if a seller fails to disclose known issues?

Failure to disclose material facts can lead to legal liability, rescission of the sale, or monetary damages, even after the transaction has closed.

  1. Can disclosures be delivered electronically?

Yes. Disclosures can be delivered in person, by mail, or electronically, but the delivery method must allow for proof of receipt by the buyer.

  1. How much time does a buyer have to review disclosures?

Typically, the buyer has a set number of days as agreed in the purchase agreement (often 3 days after delivery) to review disclosures and raise any objections.

  1. Are sellers required to disclose repairs or renovations?

Yes. Sellers must disclose any repairs, upgrades, or modifications made to the property, whether done by a licensed contractor or not, especially if they may impact the property’s condition or safety.

  1. Do sellers need to disclose issues that have been repaired?

Yes. Even if a defect was repaired, the seller must still disclose the prior issue and the nature of the repairs to give the buyer full context.

  1. What if the seller doesn’t know certain information?

If a seller genuinely does not know the answer to a question in the disclosure forms, they can indicate “Unknown” rather than guessing, but they cannot withhold known information.

  1. Can disclosures be updated after delivery?

Yes. If new material facts are discovered before closing, the seller must provide an amended disclosure, and the buyer may have additional time to review it.

  1. Are agents responsible for verifying the accuracy of the seller’s disclosures?

Agents are not required to verify every statement but must conduct a reasonably competent and diligent visual inspection of the property and disclose any observable defects.

  1. How do disclosures relate to “as-is” sales?

Even in “as-is” sales, sellers are still required to fully disclose all known material facts. “As-is” only means the seller does not intend to make repairs.

  1. Can failure to disclose affect a transaction after closing?

Yes. A buyer can file a legal claim after closing if it’s discovered that the seller knowingly withheld important information that would have influenced their decision to purchase.

 

Disclaimer:
The questions and answers provided are for general guidance only and may not cover all details or apply to every situation. If anything is unclear or you need further clarification, please visit car.org for official resources and the most up-to-date information from the California Association of REALTORS®.

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