Problems Obtaining Statutory Disclosures
Have you had problems either obtaining written, statutory disclosures from your seller or obtaining the buyers signature on those disclosures acknowledging they received them? The California Civil Code has a remedy for you.
First, if you represent the Seller and you cannot get the Seller to make and deliver the required written disclosures and, therefore, cannot obtain all of the necessary documentation for your Real Estate file, as required by the Department of Real Estate, as the Seller's agent you must advise the buyer and/or his or her agent, in writing, of the buyer's right to said disclosures. Before doing so, you should:
(1) contact your seller client and advise him or her that the disclosures are mandatory, as a matter of California Law;
(2) if the client still fails to sign the written disclosures, you must advise your client of the disclosure requirements in writing;
(3) if you still cannot obtain the disclosures from your seller client, then advise the buyer, in writing of his or her right to the disclosures and contact your Sales Manager who has a Declaration which complies with the California Civil Code and explains the "good faith" efforts you went through to obtain and deliver the disclosures. Properly fill out the Declaration and put in the transaction file and your file is now compliant with the Department of Real Estate Rules and Regulations.
Second, if the issue is you cannot obtain the disclosures signed by the buyers of the property, acknowledging that they have received the disclosures, the same or aforementioned efforts must be made. In other words, you must be able to establish that you provided the disclosures to the buyer and memorialize your "good faith" efforts to obtain his or her signature on the disclosures, by a declaration, which you can obtain from your Sales Manager. Put the declaration in your Transaction File and now you have a file that is compliant with the DRE's requirements.