Q: I just received an offer on my house and the buyer is requesting that I fill out a new Transfer Disclosure Statement (TDS) even though I have already filled one out. Why can’t we use the TDS that I filled out when I put my house on the market?
A: State Senate Bill 837, which was signed into law last year, mandated some changes in the TDS that took effect on January 1, 2012. Real property sales which close escrow after the effective date should use the newly revised form. The revisions include a checkbox for a seller to disclose whether the property has water-conserving plumbing fixtures such as low-flow toilets, shower heads and faucets. The revision also informs the buyer that by January 1, 2017, a single family residence built on or before January 1, 1994, must generally be equipped with water-conserving plumbing fixtures. Further, if the residence is altered or improved on or after January 1, 2014, the installation of water-conserving plumbing fixtures must be a condition of final permit approval. I suggest that you double check with your listing agent to determine whether you have completed the revised form and whether the buyer’s request that you fill out a new TDS stems from this change in the law.




