Home Buying in San Francisco>Question Details

Char, Home Buyer in San Francisco, CA

As buyers, should we sign a seller's disclosure if some of the questions are not even checked/filled in? Should we sign one at all?

Asked by Char, San Francisco, CA Tue Jul 10, 2012

The seller left blanks on the seller's disclosure form which has us feeling uneasy, such as when the septic was replaced and whether or not well has been tested. If we sign it, in the future, this document could become binding in a court of law because we signed the document and basically gave our approval. We don't approve of the blanks. What should we do?

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For certain small residential real estate transactions in California, the California Civil Code requires that a Transfer Disclosure Statement be delivered, and judges have said that it must be filled in completely and honestly. When you ask the seller to fill in all the questions, and you should, you may wish to remind them that filling it out completely is required by law. But ask your broker or an attorney if this section of the Civil Code applies to your transaction. Most disclosure forms used will state that the document is a form created to be in compliance with the California Civil Code.
2 votes Thank Flag Link Tue Jul 31, 2012

You can ask that the seller fill out the areas in question and hope they return it or simply sign and have a contingency set up for your inspections. Your agent should know what to do here and should be going to bat for you in the respect.

Good luck!

1 vote Thank Flag Link Wed Jul 11, 2012
I have ran into the same situation buying bank own property. My agent suggested to add : 'Not filled by the seller prior buyer's signature'.
0 votes Thank Flag Link Mon Jun 6, 2016
No. No. No.

Paul Hwang
Skybox Realty
0 votes Thank Flag Link Thu Jul 26, 2012
You can return it and request it to be completed. Signing it usually acknowledging receipt of a complete disclosure, but if it's not complete you may not want to sign it.
One other thought, Seller's disclosures are helpful, but not reliable. A professional inspection from a very good inspector should always be done.
0 votes Thank Flag Link Tue Jul 10, 2012
Make an offer contingent upon seller providing a septic inspection certificate of compliance and a well water test. Your agent should know these things-provided you have an agent.
0 votes Thank Flag Link Tue Jul 10, 2012
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