Question Details

Jessica, Home Buyer in California

We received the disclosure documents for a home we'd like to purchase however the owner did not sign

Asked by Jessica, California Sat Jun 28, 2008

sections of the disclosure. I consulted with a buyers' realtor who stated that this is okay as long as the sellers' agent has signed the docs. What are your thoughts?

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Thank you Cameron, Yvonne, and Frank!
0 votes Thank Flag Link Sun Jun 29, 2008
great question, one thing that will need to be clear is the seller a bank (REO) property. most disclosures in CA. Banks are exempt from. just be sure your realtor rep[resnting you is aware of what disclosures per the Department of Realestate are required for REO'S to sign. Just be sure the required items are signed before close. There will be some you still need to sign as a buyer even though the bank is exempt as a seller.
0 votes Thank Flag Link Sat Jun 28, 2008
Are you being represented in this sale? If so, have your agent obtain signatures ON ALL SECTIONS of the disclosure statement. If you are not being represented then you should tell the seller's agent that you want all sections of the disclosure signed, NO EXCEPTIONS, NO EXCUSES. There is no reason for the seller not to sign all sections. This should not be an issue.
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0 votes Thank Flag Link Sat Jun 28, 2008

I would be leery of what the buyer's agent has to say. If there is a signature line on a document it was put there for a reason. I would make sure that it is signed for your protection.

Something might happen and you might bring suit in the future based on their disclosure. Without a signature on a given section they might claim that they didn't write that and that wasn't a part of their disclosure.

It may be acceptable and enforceable without the signature in California, but in my opinion never a good practice. I hope that helps.

Cameron Piper
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0 votes Thank Flag Link Sat Jun 28, 2008
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