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Mandated disclosure requirements...

Posted by Ward-CA- on June 06, 2003 at 11:32 AM

In Reply to: transfer disclosure posted by Greg Del Vecchio on June 05, 2003 at 3:54 PM

: It has come to my attention that California Civil code 1102.6 and 1104 require that a seller disclose any problems in a home to the buyer, prior to sale. CCV 1102.6 exempts "foreclosure sale" from the statute. Does "foreclosure sale" include buying a home in foreclosure or are they talking there about the trustee sale only? If not, then we are required to have the form filled out and signed by the seller (or us, when we flip it) right? Thanks for the kind consideration.

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Greg

There are exemptions to the state law requiring disclosure of a property’s condition prior to sale. One of them is property sold at trustee’s sales and others are property sold at probate sales, tax lien sales, court ordered sales, etc.

Buying real property from the distressed homeowner prior to the Trustee’s Sale is not exempt from having to give the buyer a disclosure report on the condition of the property.



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