According to the California state statutes, the seller is required to provide a real estate TDS (Transfer Disclosure Statement) to the buyers of residential property and disclosure of all the information about significant defects. A person M contracted with another person R to buy the property which included commercial building and residential building. R did not provide the TDS to M and M refused to buy the property. To find: The possibility of breach of contract and the excuse for M’s non-performance.

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Chapter 26, Problem 6BCP

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Case summary: According to the California state statutes, the seller is required to provide a real estate TDS (Transfer Disclosure Statement) to the buyers of residential property and disclosure of all the information about significant defects. A person M contracted with another person R to buy the property which included commercial building and residential building. R did not provide the TDS to M and M refused to buy the property.

To find: The possibility of breach of contract and the excuse for M’s non-performance.

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