Sales Disclosure Chart for REALTORS®
Sales Disclosure Chart for REALTORS® addresses the general applicability of common disclosure requirements in particular types of transactions, but does not cover all disclosures required by law such as additional local requirements. In addition, some of the disclosures addressed in this chart, though generally applicable to a particular type of transaction, may be subject to exceptions which, unless otherwise noted, are not addressed in this publication. (More detailed information regarding disclosure and other legal topics is available to C.A.R. members on C.A.R. Online at www.CAR.org.) Finally, certain transactions, including new home, subdivision, and common interest development sales, may be subject to separate disclosure requirements. Disclosure Residential Real Res. 5+ Units Vacant Land / Commercial Personal Property Mobile-homes C.A.R. Law Citation Probate / Trust Foreclosure / REO (When No Insurance Issued) Yes Yes Yes Yes Yes No Yes Yes Yes No No Yes Disclosure Confirmation: "Agency" section of C.A.R. purchase agree- Yes Yes No Yes Yes Yes NHD (if required) Yes Yes Yes No No Yes TDS MHTDS (for personal property mobilehomes) AID (if TDS and Commercial Property Owner's Yes2 No No Yes No/Yes No The Commercial Property Owner's Yes Yes Yes Yes Yes No* TDS (if required) Cal. Civ. Code 1710.2 (* statute applies only to real estate but may be required under "material fact" analysis) "Drug Lab" Clean-Up Order Yes Yes Yes Yes Yes Yes* TDS (if required) (question II.C.1) SSD Yes Yes Yes Yes Yes Yes NHD (if required) Energy Ratings Booklet(Optional Disclosure4 No No No No No No Yes Yes Yes No No No HID HUD Mortgagee Letters 99-18, 99-32 FIRPTA (Federal Tax Withholding) Yes Yes Yes Yes Yes No AS AB (applies only to FIRPTA) Cal. Rev. & Tax Code §§ 18662, 18668; 26 U.S.C.S. §1445 Yes Yes Yes Yes Yes5 Yes 42 U.S.C.S. Yes No No No No No6 The Homeowner's Guide to Earthquake Yes No/No3 No No No No SSD Yes Yes No/Yes Yes No Yes Pamphlet: Protect Form: FLD 42 U.S.C.S. § 4852d; 40 CFR Part 745 Yes Yes Yes Yes Yes Yes TDS or MHTDS SSD Case law; Cal. Civ. Code §§ 2079 et seq. Yes Yes Yes No No No "Database Disclosure" section of C.A.R. purchase agreements, or DBD Yes No/No3 No No No No Yes No/No3 No No No No SSD No No No No No/Yes* No Yes No No
REALTORS® know very well the importance, and the complexity, of the various state and federal disclosure laws governing real estate transactions in
Property 1-4 Units
&
Industrial
Form/
Publication
Form: AD
ments, or AC-6
(Probably)2
/Yes
§§8589.4, 8589.5;
(for real property)
MHTDS not required)
Guide to Earthquake Safety
(Booklet)
Guide to Earthquake
Safety
SSD
(if TDS not required)
(Release of Illegal Controlled Substance Remediation Order)
(if TDS not required)
§ 25400.28 (disclosure); §§ 25400.36(q) and (r) (definitions).
(*exempt if located in a mobilehome park or manufactured home park).
Not Yet Available)
and
California Tax Withholding
(applies
to both
FIRPTA
and
Tax Withholding)
§ 5154a
Safety
§ 1102.17;
(Probably)7
Your
Family
From Lead In Your Home (incorporated in Residential Environmental Hazards: A Guide for Homeowners, Buyers, Landlords
and Tenants)
(if required)
§ 2079.10a
§ 1102.6b;
§ 1102.15
Health & Safety Code §§ 26140, 26141, 26147
(*Appli-cable
when CDHS establishes limits)