Realmuto

Appellant Peter Realmuto appeals from an order granting summary judgment in favor of respondents Robert Gagnard and Rodney Savoy. Realmuto has sued Gagnard and Savoy (the buyers) for specific performance and for breach of a contract to purchase Realmuto’s residence. The trial court granted summary judgment in favor of the buyers on the ground that Realmuto failed to provide them with a real estate transfer disclosure statement, as required by Civil Code section 1102 et seq. On appeal, Realmuto contends: (1) provision of a disclosure statement was not a condition precedent to the buyers’ performance; (2) the exclusive remedy for failure to provide a disclosure statement is a suit for actual damages under section 1102.13; (3) the buyers waived their right to a disclosure statement; and (4) failure to provide a disclosure statement was not a material breach of the contract. We reject these arguments and affirm the judgment.

I.

FACTUAL AND PROCEDURAL BACKGROUND

In December 1999, respondents Robert Gagnard and Rodney Savoy entered into a written agreement to purchase appellant Peter Realmuto’s home located at 1311 Sunny Acres in Alpine, California. The buyers were investors…