Top 10 Mistakes Made on the TDS

1.    The Agent fails to recognize the critical importance of providing a thorough TDS.  This includes a failure to properly educate the Seller of such importance.  It also includes the failure of the Agent to perform a thorough visual inspection of all accessible areas of the subject property.

2.    The Agent fails to have the sellers fully complete the Seller Property Questionnaire (C.A.R. form SPQ).

3.    The Agent delivers the TDS too late, resulting in the Buyer being able to rescind the transaction.

4.    The Agent does not provide complete and coherent information because the Agent feels constrained by the space available in the TDS form.

5.    The Agent does not limit his/her disclosures to the identification of defects, but rather goes beyond that by expressing an opinion concerning the cause of the defect.

6.    The Agent attempts to quantify or otherwise describe size, significance or degree of a defect.

7.    The Agent fills out the Seller’s portion of the TDS.

8.    The Agent makes gratuitous comments like “house looks pretty or is in good shape.”

9.    The Agent uses language such as “appears as stated by Sellers” or “do not see anything which contradicts Sellers statements.”  This allows creative Plaintiff’s Attorneys to argue that the Agent has adopted the Seller’s negligent statements.

10.    The Agent fails to disclose inspection reports from prior escrows.

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