Q: Should disclosure documents be excluded from the sale agreement to get a loan?
We are being asked to sign an addendum to the sale agreement to exclude the TDS and SCC documents in order to expedite the loan process. Is this an appropriate practice?
A: If the transaction qualifies under California law to require a TDS, the requirement cannot be waived. A loan application generally does not require these documents. This does not sound like a legitimate request. You should consult with a California real estate attorney.
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