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DISCLOSURES

Real estate disclosure packets differ from property to property and are the buyer’s opportunity to learn as much as they can about the home and the seller’s experience in it. Disclosure laws vary from state to state, even down to the city and county level. California has some of the most stringent disclosure requirements. The law requires that sellers (and their agents) complete or sign off on dozens of documents. In the Bay Area, it is also common practice for the seller to complete inspections prior to listing their home for sale, though not a requirement.

Preliminary title report
A written description of the property’s location and the boundaries of the property. The prelim documents ownership, vesting, and anything recorded against the home, such as liens, encroachments, or easements.

Real estate transfer disclosure statement (TDS)
California’s official form for disclosing any known issues that could negatively impact a home’s value or pose an unreasonable risk to the buyers’ safety or health.

Seller property questionnaire
A supplemental disclosure filled out by the seller to provide information when a TDS is completed or when no TDS is required; specifically answer questions related to multiple portions of the property.

Statewide buyer & seller advisory
Its purpose is to encourage open and consistent communication between a home’s buyer and seller. It includes disclosures about anything that could put the sale of the home in danger of not being completed.

Natural hazard disclosure report
This report, which is mandated by California state law, tells the buyer if your home lies within a zone containing any one of six types of hazards: 1) special flood area 2) dam inundation 3) very high fire zone 4) wildland fire zone 5) earthquake fault zone 6) seismic hazard area.

Residential earthquake hazards report
State Law requires this booklet be given to every buyer of homes built before 1960. The report describes the most common weaknesses that can cause damage to homes, in the event of an earthquake.

Lead based paint disclosure (if home is built prior to 1978)
Lead based paint was outlawed by the U.S. Consumer Product Safety Commission due to the hazard it poses when it chips. This disclosure notifies potential buyers of properties built before 1978 there's a potential existence within the interior walls of the residence.

Market conditions advisory
Discusses topics such as the loan, the appraisal, and home inspection and disclosure contingencies. It also covers information about the current condition of the marketplace and that real estate professionals cannot be responsible for changes to market conditions that may impact the value of a property.

Home inspection
An inspector performs a visual observation of the homes basic functions. In accordance with the state’s standards, the home inspector identifies health, safety, or major mechanical issues. Home inspectors typically look for water damage, structural issues, old or damaged roof, the electrical system, plumbing, HVAC, and pest infestations.

Pest/termite inspection
Inspectors are looking for evidence of termite activity and/or evidence of dry rot damage, or moisture conditions that could lead to an atmosphere for wood destroying organisms or termites. Findings are identified as Section 1 = active infestation or areas that need immediate attention and Section 2 = areas that should be watched or addressed in the future.
Properties with an HOA
Articles of incorporation and bylaws
The articles of incorporation contain basic information about the association, such as its name and address. The bylaws generally describe things such as the voting rights of the members, meeting requirements, and budget and assessment procedures.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs contain detailed information about the development, its configuration, and operation. If you become an owner in a development, you are agreeing to abide by all the rules, restrictions, terms and conditions found in the CC&Rs.
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