Any purchase agreement entered into on or after April 1, 2006 must include the notice set out in section 2079.10a(a)(3) of the Civil Code informing potential buyers that they may search the area around the property for registered sex offenders via the website linked above. Although not required by state law, if it is a condition of the purchase agreement or a requirement to obtain financing, the seller must provide the buyer with a copy of an inspection report from a registered structural pest control company indicating whether or not the property contains wood-destroying organisms. A seller must complete this declaration of disclosure, which details the inventory. This is not a guarantee provided by the Seller; The buyer must always carry out inspections, but he can refer to the information contained in the declaration to negotiate the terms of the purchase contract. The California Residential Purchase and Sale Agreement is a legally binding real estate agreement that sets out the key terms of a real estate transaction between a buyer and seller. Before the terms can be properly defined, the buyer and seller negotiate all aspects of the transaction until they are satisfied with the broad outlines of the agreement. The parties negotiate the purchase price, real money, type of financing, cost of inspections and reports, closing date and conditions, as well as any contingencies that must be met for the sale to be completed. Only when the parties can fully agree on the terms will both sign the document. California Residential Purchase Agreement and Joint Escrow Instructions – This is the 2015 version of the California Realtors Association Purchase Agreement that can be used to determine the terms of a residential real estate transaction. If the parties enter into a real estate transaction with an escrow account where title insurance is not issued, the buyer must receive in a separate document the notice listed in the aforementioned articles. (This obligation would most likely fall under the assignment of the trustee or real estate agent who executes the escrow account.) A notice of special privilege must be obtained from any local organization that levies a special tax under the Mello-Roos Community Facilities Act and given to the purchaser.
This only applies if the seller or his representative is aware of a special tax levied on the property. Under federal law, sellers must provide a lead-based color disclosure statement to potential buyers if the property for sale was built before 1978. Sellers can provide this seismic safety guide to potential buyers and are exempt from providing additional information about geological and seismic hazards. 16) Declaration of conformity for water heaters and smoke detectors A potential buyer must receive a copy of each order provided to the seller by a sanitary agent prohibiting the use or colonization of the premises due to possible contamination by methamphetamine. This only applies if the Seller has received such an order and the health agent has not yet informed the Seller that the order does not require any further action (i.e. The premises are now safe to live in). Depending on the city where the real estate transaction is carried out, a local transfer disclosure statement may be required, including specific information about the community and neighborhood. If aware of this, Seller must inform Buyer in writing that the property for sale is located within one (1) mile of an area that was formerly used for military training and may contain live ammunition. This notice of disclosure is provided to buyer by seller to confirm that the property complies with state laws regarding water-efficient sanitary fittings and carbon monoxide detectors. 15) Notice of Water-Efficient Sanitary Fittings and Carbon Monoxide Detectors This disclosure statement from the California Association of Realtors allows seller to remain in compliance with state law by confirming to buyer that the water heater on the property is strained in the event of an earthquake and that the premises contain the appropriate number of usable smoke detectors. 17) Wood Pest and Destructive Organisms Inspection Report According to the above laws, sellers of properties located in a particular flood risk area, potential floodplain, high-risk fire area, designated wilderness area, seismic fault zone or seismic hazard zone must submit a Natural Hazard Disclosure Statement (NHDS) to potential buyers….