California Real Estate Law

Residential sellers of real estate are required to disclose any material defects concerning the home they sell to a buyer. What does material defect mean? It means any defect that would affect the value of the home or influence a reasonable buyer’s decision on whether or not to purchase the home. An agent advising a seller on what to disclose should be: if there is the slightest chance that something could be an issue, disclose it. California Civil Code § 1102; Mandatory Transfer Disclosure Statement (“TDS”).

Real estate agents are required to conduct a visual inspection of the residential property and provide it in writing to the parties in a standardized form labeled the Agent Visual Inspection Report (“AVID”). California Civil Code §2079.