California Seller's Disclosure Statement for Vacant Land

State:
Multi-State
Control #:
US-03302BG
Format:
Word; 
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Description

In some states, a seller is required to disclose known facts that materially affect the value of the property that are not known and readily observable to the buyer. The Seller is required to disclose to a buyer all known facts that materially affect the value of the property which are not readily observable and are not known to the buyer. That disclosure requirement exists whether or not the seller occupied the property. A
Vacant Land Disclosure Statement specifically designed for the disclosure of facts related to vacant land is used in such states.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Keywords: California, seller's disclosure statement, vacant land, types The California Seller's Disclosure Statement for Vacant Land is a legal document that provides important information about a piece of vacant land being sold in California. It is designed to protect both buyers and sellers by ensuring transparency and facilitating informed decision-making regarding the purchase of vacant land. This document is typically filled out by the seller and provides essential details about the property's condition, potential environmental hazards, and any known issues that may impact the buyer's decision, allowing them to assess the risks and make an informed investment. There are different types of California Seller's Disclosure Statement for Vacant Land, each catering to specific scenarios and requirements. Here, we discuss the two primary types: 1. General Seller's Disclosure Statement for Vacant Land: This is the most commonly used form and covers the basic information about the land being sold. It includes details about the seller, a description of the property, any existing utilities and services, and any known environmental hazards, such as flooding, soil instability, or hazardous materials. Additionally, this form may include information on zoning restrictions, easements, or encroachments that could impact the buyer's intended use of the land. 2. Supplemental Seller's Disclosure Statement for Vacant Land: This form is used when there are specific issues or conditions related to the vacant land that require additional disclosure. For instance, if the land is located in a high-risk fire zone or a flood-prone area, the seller must provide detailed information about the risks, previous incidents, and any remedial measures taken. Similarly, specific environmental concerns, such as asbestos or lead-based paint, must be disclosed in this supplemental form. Both types of seller's disclosure statements are crucial for prospective buyers to protect their interests and make well-informed decisions. It is important for sellers to complete these forms accurately and thoroughly, providing all relevant information to avoid potential legal complications in the future. Likewise, buyers should carefully review the disclosures and consult with experts if needed to fully comprehend the potential implications and risks associated with the vacant land they intend to purchase in California.

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  • Preview Seller's Disclosure Statement for Vacant Land
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FAQ

As a broad rule, all sellers of residential real estate property containing one to four units in California must complete and provide written disclosures to the prospective buyers.

A2. This law covers residential real property with one-to-four units, and personal property manufactured homes including mobilehomes. This includes transactions even when exempt from the TDS such as probate or REO. The visual inspection is not required on commercial, vacant land or 5+ residential property.

In the state of California, the courts and state legislature have held that an agent has an obligation to perform a diligent visual inspection. The form that an agent uses to communicate their findings is called the Agent Visual Inspection Disclosure (AVID).

As one of my favorite brokers once joked, an agent visual inspection disclosure (AVID) is a visual inspection that an agent can do in heels.

As part of a real estate transaction involving any one-to-four unit residential property, a seller is required under California law to disclose the existence of any property defects.

The TDS law does not apply to residential properties of 5 or more units, commercial, industrial, vacant land or agricultural property.

Under California law (Civil Code §1102, et seq.) most Sellers of real property containing 1-4 residential units are required to provide prospective Buyers with a completed Real Estate Transfer Disclosure Statement (TDS). Certain Sellers are exempt from completing the TDS but not exempt from making other disclosures.

Exempt Sellers include: (d) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent's estate.

The answer is yes. The good news is that there is a place in the transfer disclosure statement (TDS) Sections III and IV for agents to fulfill disclosure duties. If there are more material facts to disclose then an AVID form can be used to give a more comprehensive account of the inspection.

Most sellers of residential real property are required to complete a real estate transfer disclosure statement (TDS). Exemptions from the TDS requirement include court ordered sales, fiduciaries in the administration of estates and trusts, and REO sales. One of the most confusing exemptions has been for trustees.

More info

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California Seller's Disclosure Statement for Vacant Land