In California, form, C.A.R. Form SPQ, entitled Seller Property Questionaire, is this form required by law or only CAR [Calif Assn of Realtors}. Have any Calif Agents not used this in a transaction?

Question

Answers

Sort

Rainmaker
3,075,567

Tony and Suzanne Marriott, Associate Brokers

Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ

Coldwell Banker Realty

Endre Barath, Jr. nailed this one!

Jan 14, 2017 04:05 AM

Upvote

4

Pete Xavier

Pacific Palisades, CA
Michael Jacobs

Pasadena, CA
Roy Kelley

Gaithersburg, MD

Rainmaker
4,323,300

Praful Thakkar

LAER Realty Partners - Burlington, MA

Metro Boston Homes For Sale

ALLEN TURNER - believe me, disclosures are good for sellers! Saves them future lawsuits.

Jan 13, 2017 09:33 PM

Upvote

4

Roy Kelley

Gaithersburg, MD
Candice A. Donofrio

Fort Mohave, AZ
Eve Alexander

Tampa, FL
Praful Thakkar

Burlington, MA

Rainmaker
5,774,279

Ron and Alexandra Seigel

Napa Consultants - Carpinteria, CA

Luxury Real Estate Branding, Marketing & Strategy

Allen,

Endre Barath, Jr. answered you perfectly. A

Jan 13, 2017 08:34 PM

Upvote

4

Pete Xavier

Pacific Palisades, CA
Michael Jacobs

Pasadena, CA
Roy Kelley

Gaithersburg, MD

Ambassador
5,262,429

Jeff Dowler, CRS

eXp Realty of California, Inc. - Carlsbad, CA

The Southern California Relocation Dude

I'm with Endre Barath, Jr. on this. I think it's a good form to have completed by the seller, and that can be requested in the offer

Jan 13, 2017 08:17 PM

Upvote

4

Pete Xavier

Pacific Palisades, CA
Candice A. Donofrio

Fort Mohave, AZ
Michael Jacobs

Pasadena, CA

Rainmaker
2,237,178

Anthony Acosta - ALLATLANTAcondos.com

Harry Norman, REALTORS® - Atlanta, GA

Associate Broker

Endre Barath, Jr. has your answer.

Jan 14, 2017 06:08 AM

Upvote

3

Pete Xavier

Pacific Palisades, CA
Anthony Acosta - ALLAT...

Atlanta, GA

Rainmaker
4,884,498

Michael Jacobs

Pasadena, CA

Pasadena And Southern California 818.516.4393

When in doubt, disclose. Repeat as necessary. And it's always necessary.

Jan 14, 2017 05:16 AM

Upvote

3

Pete Xavier

Pacific Palisades, CA
Candice A. Donofrio

Fort Mohave, AZ

Rainmaker
2,235,021

Debbie Laity

CinaJones Real Estate - Cedaredge, CO

Your Real Estate Resource for Delta County

Endre Barath, Jr. seems to have the answer for you.

Jan 14, 2017 08:04 PM

Upvote

2

Pete Xavier

Pacific Palisades, CA

Ambassador
3,480,452

Kathleen Daniels, Probate & Trust Specialist

KD Realty - 408.972.1822 - San Jose, CA

Probate Real Estate Services

Oh boy ... I would not even go there with "unnecessary disclosures." Are you kidding me? The more disclosures provided the better for the seller and the potential buyer. Over 80% of the post closing lawsuits in CA are the result of failure to disclose.

I highly recommend that you take contract training courses.

Jan 14, 2017 11:05 AM

Upvote

2

Ryan Huggins - Thousan...

Thousand Oaks, CA
Pete Xavier

Pacific Palisades, CA

Rainmaker
1,134,798

Candice A. Donofrio

Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ

928-201-4BHC (4242) call/text

As litigious as CA consumers are? Write a War and Peace of disclosures. ESPECIALLY if the agent is a principal or has a non-arm's length relationship to the seller. "Known, should have known or facts that could have been reasonably discovered." is the measure here in Arizona and we are very similar to California in practice.
There is no good to be served by concealing any material facts on a technicality. As a broker my primary consideration is to stay the hell out of the courtroom.
Before taking/marketing the listing, we research the property carefully enough with public records to eliminate any seller amnesia. ;)

Jan 14, 2017 04:36 AM

Upvote

2

Ryan Huggins - Thousan...

Thousand Oaks, CA
Roy Kelley

Gaithersburg, MD

Rainmaker
809,019

Tony Lewis

Summit Real Estate Group - Valencia, CA

Summit Real Estate Group Valencia & Aliso Viejo

It is not required by law and an escrow can close without it. The burden is on the agent and their company to disclose that it should have been disclosed to their client.

Jan 13, 2017 05:03 PM

Upvote

2

Pete Xavier

Pacific Palisades, CA
Roy Kelley

Gaithersburg, MD

Rainmaker
1,672,732

Inna Ivchenko

Barcode Properties - Encino, CA

Realtor® • GRI • HAFA • PSC • Short Sale • Probate

I always use SPQ along with many other disclosures.

Your TC or your broker will provide you with a list of forms you have to get ready. As far as I know, even we all use CAR forms, different brokers require different sets.

Jan 14, 2017 10:59 PM

Upvote

1

Pete Xavier

Pacific Palisades, CA

Rainmaker
1,004,100

Pete Xavier

Investments to Luxury - Pacific Palisades, CA

Outstanding Agent Referrals-Nationwide

Perplexed that a CA Broker would be asking this!!

Jan 14, 2017 06:58 PM

Upvote

1

Rainmaker
1,562,590

Ryan Huggins - Thousand Oaks, CA

https://HugginsHomes.com - Thousand Oaks, CA

Residential Real Estate and Investment Properties

Please go to CAR.org and look up the residential sales disclosure forms.

They have a listing of which ones are required and when.

Jan 14, 2017 05:24 PM

Upvote

1

Pete Xavier

Pacific Palisades, CA

Rainmaker
8,391,764

Roy Kelley

Retired - Gaithersburg, MD

I will have to rely upon the advice of others.

Jan 14, 2017 04:41 AM

Upvote

1

Anthony Acosta - ALLAT...

Atlanta, GA

Rainmaker
1,157,847

FN LN

Toronto, ON

We have similar issues in my jurisdiction.

Jan 14, 2017 01:25 AM

Upvote

1

Roy Kelley

Gaithersburg, MD

Rainmaker
1,279,927

Sam Shueh

(408) 425-1601 - San Jose, CA

mba, cdpe, reopro, pe

Optional.....I think

broker dependent.

Jan 13, 2017 06:16 PM

Upvote

1

Roy Kelley

Gaithersburg, MD

Rainmaker
4,273,381

Paul S. Henderson, REALTOR®, CRS

Fathom Realty Washington LLC - Tacoma, WA

South Puget Sound Washington Agent/Broker!

I know if you have this form today, we will be required to have it next year...

Jan 13, 2017 06:00 PM

Upvote

1

Roy Kelley

Gaithersburg, MD

Rainer
3,050

Susan Bastajian

Keller Williams Realty Gulf Coast - Pensacola, FL

Realtor-Serving Pace & Surrounding Areas.

Only CAR.

Jan 14, 2017 10:03 PM

Upvote

Ambassador
6,913,081

Bob Crane

Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI

Forestland Experts! 715-204-9671

Lots of laws and lawsuits in CA.

Jan 14, 2017 08:58 PM

Upvote

Rainmaker
4,434,277

Gita Bantwal

RE/MAX Centre Realtors - Warwick, PA

REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jan 14, 2017 06:16 PM

Upvote

Ambassador
2,738,809

Fred Griffin Florida Real Estate

Fred Griffin Real Estate - Tallahassee, FL

Licensed Florida Real Estate Broker

Disclose, disclose, disclose! It will shield the Seller and the Realtors.

Jan 14, 2017 05:30 PM

Upvote

Rainmaker
1,771,868

Sandy Padula & Norm Padula, JD, GRI

HomeSmart Realty West & Florida Realty Investments - , CA

Presence, Persistence & Perseverance

AS Endre Barath, Jr. stated and I always repeat to my clients, if you don't know they answer, then indicate that, do not guess.

Jan 14, 2017 10:08 AM

Upvote

Rainer
2,278

ALLEN TURNER

REDZONE ADVISORS - Santa Monica, CA

all the comments are interesting, but agents appear to be worried about lawsuits, protecting their own interests. Not all events are material, such as a fire when a house has been completely remodeled. My friend is going through a transaction looking for legal protection. these disclosure forms are prepared by sellers and specifically indicate agents not responsible. Agents dont push the envelop whatsoever on how forms should be completed. My friend wrote on the SPQ to best of knowledge, and within last ten years, no such events. if a prior owner 20 years ago had a fire, such would still be disclosed using these CAR forms. is such material? wheteher fire or death? no according to Calif law. All his questions had to be answered by in house legal because neither agent or broker knew how to approach except to say disclose. none of these are material, and an atty would not sue in such a case. i guess all agents need insurance and as the TDS and SPQ indicate, agent not a lawyer and should not advise on completing this form. very tricky.

Jan 14, 2017 06:29 AM

Upvote

Back to Top

ALLEN TURNER - believe me, disclosures are good for sellers! Saves them future lawsuits.
I'm with Endre Barath, Jr. on this. I think it's a good form to have completed by the seller, and that can be requested in the offer
When in doubt, disclose. Repeat as necessary. And it's always necessary.
Oh boy ... I would not even go there with "unnecessary disclosures." Are you kidding me? The more disclosures provided the better for the seller and the potential buyer. Over 80% of the post closing lawsuits in CA are the result of failure to disclose.

I highly recommend that you take contract training courses.
As litigious as CA consumers are? Write a War and Peace of disclosures. ESPECIALLY if the agent is a principal or has a non-arm's length relationship to the seller. "Known, should have known or facts that could have been reasonably discovered." is the measure here in Arizona and we are very similar to California in practice.
There is no good to be served by concealing any material facts on a technicality. As a broker my primary consideration is to stay the hell out of the courtroom.
Before taking/marketing the listing, we research the property carefully enough with public records to eliminate any seller amnesia. ;)
It is not required by law and an escrow can close without it. The burden is on the agent and their company to disclose that it should have been disclosed to their client.
I always use SPQ along with many other disclosures.

Your TC or your broker will provide you with a list of forms you have to get ready. As far as I know, even we all use CAR forms, different brokers require different sets.
Please go to CAR.org and look up the residential sales disclosure forms.

They have a listing of which ones are required and when.
I know if you have this form today, we will be required to have it next year...
Disclose, disclose, disclose! It will shield the Seller and the Realtors.
AS Endre Barath, Jr. stated and I always repeat to my clients, if you don't know they answer, then indicate that, do not guess.
all the comments are interesting, but agents appear to be worried about lawsuits, protecting their own interests. Not all events are material, such as a fire when a house has been completely remodeled. My friend is going through a transaction looking for legal protection. these disclosure forms are prepared by sellers and specifically indicate agents not responsible. Agents dont push the envelop whatsoever on how forms should be completed. My friend wrote on the SPQ to best of knowledge, and within last ten years, no such events. if a prior owner 20 years ago had a fire, such would still be disclosed using these CAR forms. is such material? wheteher fire or death? no according to Calif law. All his questions had to be answered by in house legal because neither agent or broker knew how to approach except to say disclose. none of these are material, and an atty would not sue in such a case. i guess all agents need insurance and as the TDS and SPQ indicate, agent not a lawyer and should not advise on completing this form. very tricky.