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Ambassador
3,356,309
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Disclose what is known to the best of the sellers and agents ability. 

If you answer a question the answer becomes a disclosure. I really would not over-think this.  I'd venture to guess anything materially affecting value would most likely NOT be forgotten ... just sayin' .... 

CAR Legal Hotline would be a good resource for this question. 

Jan 14, 2017 11:00 AM
Rainmaker
4,599,207
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

You will find many disclosures state "to the best of  your knowledge".

Jan 14, 2017 05:12 AM
Rainmaker
1,157,791
FN LN
Toronto, ON

The Calif Re Assn may be able to advise you why they updated the form.

Jan 14, 2017 01:18 AM
Rainmaker
1,629,511
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Why would you want to disclosure what have happened 10 years ago? 

And since we submit all disclosures at the same time, why that is important if it is in SPQ or TDS? 

Jan 14, 2017 10:56 PM
Ambassador
6,459,469
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Do you need to disclose that by moving to CA you may have a higher risk of lawsuits?

Jan 14, 2017 09:13 PM
Rainmaker
5,773,781
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I agree with Michael Jacobs 

Jan 14, 2017 08:42 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Kathleen Daniels has the answer for you. Listen to what she says. She knows her stuff. 

Jan 14, 2017 08:07 PM
Rainmaker
769,569
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

Both cover different issues with home ownership.  The SPQ is only filled out by the seller thus called Sellers Property Questionnaire while the TDS is filled out by the seller and both agents.  The agents include most often in the TDS Transfer Disclosure Statement their AVID., Agent Visual Inspection Disclosure.  The TDS shows items included with the purchase, their condition and other information.

Jan 14, 2017 07:59 PM
Rainmaker
1,510,903
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Allen, it used to be 7 years.  I know not why they changed the forms or reduced the time limit.  It may be something you can find out online or by calling the CAR legal hotline.

Jan 14, 2017 05:30 PM
Rainmaker
2,791,060
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Everything should be done as to the best of your current ability

Jan 14, 2017 07:31 AM
Rainmaker
2,223,454
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

No sure, great question to ask your Broker.

Jan 14, 2017 05:57 AM
Rainmaker
5,137,315
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I have no idea... I'm not a CA agent.

Jan 14, 2017 03:49 AM
Rainmaker
1,598,502
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

No idea. 

Jun 14, 2019 09:35 AM
Ambassador
5,291,581
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I would speak to the CA REA and ask why  they changed it and how you are to use it. I would never take advice about something so serious as Disclosure from anyone other than them if I had a pressing question about it.  CYA!

Jan 15, 2017 12:18 AM
Rainmaker
4,320,142
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

This is to the best of the knowledge - most of the time.

Jan 14, 2017 10:45 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jan 14, 2017 06:15 PM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Answer to the best of your ability and be able to defend your position. If unsure disclose more than you think you need to. 

Jan 14, 2017 05:21 PM
Ambassador
2,684,960
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 If you can't remember, then write "Seller cannot remember".

Jan 14, 2017 04:16 PM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Sorry, but I have no answer to this question.

Jan 14, 2017 06:09 AM
Rainmaker
7,907,622
Roy Kelley
Retired - Gaithersburg, MD

A good question for your broker.

Jan 14, 2017 04:38 AM
Rainmaker
1,617,976
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask the broker

Jan 14, 2017 04:26 AM
Rainmaker
1,064,221
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Ask CAR. Every time a state RE form is updated, it is to address recent legal issues the attorneys have faced, cases and decisions that have set new precedent. I would not be worrying about the 'whys' as much as factually stating all matters material to the consideration to be paid for the property. You'll never go wrong then.

Jan 14, 2017 04:13 AM
Rainmaker
3,071,860
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

You would need to ask them...

Jan 14, 2017 04:02 AM