The question is how the broker in charge missed the agent not getting the sellers disclosures signed off by buyer timely? As well as the agent.
The disclosures are usually in the preliminary stages and way before close of escrow.
Depends who complains and has a claim and proves damages. Or when a DRE audit of the firm reveals non compliance which would become a licensing violation issue.
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In the event a party refuses to sign a disclosure, the refusal should be documented in writing. This can be accomplished by making an appropriate notation on the form itself or adding a memo to file. The buyer has three days to cancel from receipt of the disclosure - so, noting the date of delivery to the buyer is important.
I am not a CA attorney, laws vary from state to state, therefore you should always consult a local attorney.
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A R/E agent is not a party to the contract. Seller has a duty to disclose and if Buyer is unhappy with the TDS (or lack thereof), then Buyer should not close. R/E agent should document attempts to contact Buyer and send the documents via certified post and email if there is no response.
I am a California Attorney and former California Real Estate Broker. Retain an attorney before relying on any of the information contained herein.