If the Seller is the listing agent, they still need to provide a TDS.
Talk to an attorney and see. You might get a better answer as far as your rights go.
Keller Williams Realty Los Angeles
If the listing broker is also the seller he must do a TDS. Regardless he should do an AVID agents visual inspection disclosure.
On a probate, bank owned property, bankruptcy sale the seller is sometimes exempt from the TDS, but required to disclose any major material defect, or flaw if they have knowledge of it.
Probates, bankruptcy sales, and REO's usually are sold as-is.
Holding back on the TDS right before the close of escrow is suspicious, and I would have to read your contract, but usually the seller should have given you the TDS within 17 days of acceptance of offer and you have a certain time to accept or reject the property. If you released all contingencies or not also affects your right to cancel.
I cannot give legal or tax advice, and the above is what I understand from the experts.
Call, text, or email me because I need to ask you some questions to understand all the pieces in the puzzle.
Al Goldberg Broker
It sounds like you might have bought a foreclosure and you should have been given a REO advisory on what was exempt and what was not but again, it only is a disclosure, not required.
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Sounds like during the first 10 days of escrow your agent was a sleep or depending to much on the TC. And they didn't say anything about the discloures a seller gives a buyer or go over that with you as what was required or exempt. Finding out during the final walk through means.... you've probably already removed your contingencies, signed loan docs and waiting for the loan to fun.... the agent does have a broker, and no not the floor manager that sees how everything is going. Wake the big guy up and bother him while he getting ready to go play golf.
If a seller is exempt from having to do the TDS form, this is usually only on bank owned properties. Even if a seller has never seen or never lived on the property, they still need to complete a TDS.
Regarding where you would have seen that the seller is exempt; It should have been on the MLS sheet, alternative to that it should have been stated in either the Counter offer or an Addendum that the seller was exempt.
Your not receiving this form until the day of your Final Walk Through, however is not good. You should have received this form within the days of your Due Diligence period which is usually 17 days, however in this market, maybe it was 10-12 days.
In the end, my opinion for any Seller Disclosure form is that it is good Supplemental information. Supplemental ONLY to YOUR doing proper due diligence like hiring a Professional Home Inspector & / or other professionals to check the property for you, including but not limited to, plumbers, electricians, general contractors, geological or soils testers, mold inspectors etc.
I hope you're still able to close on your home purchase.
Shoot me an email directly to talk about this further, I don't look back on this same Trulia posting for answers after mine.
Emily S. Knell
Realtor Since 1996
Realty ONE Group
Short Sale Listing Agent w/ 97% success rate
100% Success Rate in CA
Closing short sales within 300mi of my home!
What does your Realtor say? Is there anything in the TDS of concern? Need more info.