It Would Be Wise To Perform Under A Transfer Disclosure Statement [TDS] Yourself If You Want To Sue Under A Contract.

This case involves “mixed use” property, or property improved for both residential and commercial buildings. Plaintiff is the seller, who sued the buyer for breach of a real estate purchase agreement. The trial court granted summary judgment in favor of the buyer because the seller, as a matter of law, was required to deliver a Transfer Disclosure Statement [TDS], and did not do so here. The appellate court affirmed, stating the seller “failed to demonstrate his own performance under the purchase agreement and [the buyer] was entitled to summary judgment.” (Richman v. Hartley (Cal. App. Second Dist., Div. 6; March 20, 2014)224 Cal.App.4th 1182, [169 Cal.Rptr.3d 475].)