1102.6. Required Disclosure Form

Required Disclosure Form
1102.6. (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form:
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF _______, COUNTY OF

__________, STATE OF CALIFORNIA, DESCRIBED AS ____________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF __________________________________________________________, 20___. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I

COORDINATION WITH OTHER DISCLOSURE FORMS
This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase-money liens on residential property).

Substituted Disclosures: The following disclosures and other disclosures required by law, including the Natural Hazard Disclosure Report/Statement that may include airport annoyances, earthquake, fire, flood, or special assessment information, have or will be made in connection with this real estate transfer, and are intended to satisfy the disclosure obligations on this form, where the subject matter is the same:

□ Inspection reports completed pursuant to the contract of sale or receipt for deposit.

□ Additional inspection reports or disclosures: _________________________________________________________
□ No substituted disclosures for this transfer.

II
SELLER’S INFORMATION
The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

Seller __________ is not occupying the property.

A. The subject property has the items checked below (read across):*
__ Range __ Oven __ Microwave

__ Dishwasher __ Trash Compactor __ Garbage Disposal

__ Washer/Dryer Hookups __ Rain Gutters

__ Burglar Alarms __ Carbon Monoxide Device(s) __ Fire Alarm

__ TV Antenna __ Satellite Dish __ Intercom

__ Central Heating __ Central Air Cndtng. __ Evaporator Cooler(s)

__ Wall/Window Air Cndtng. __ Sprinklers __ Public Sewer System

__ Septic Tank __ Sump Pump __ Water Softener

__ Patio/Decking __ Built-in Barbecue __ Gazebo

__ Sauna

__ Hot Tub __ Locking Safety Cover __ Pool __ Child Resistant Barrier __ Spa __ Locking Safety Cover

__ Security Gate(s) __ Automatic Garage Door Opener(s) __ Number Remote Controls

Garage: __Attached __ Not Attached __ Carport

Pool/Spa Heater: __ Gas __ Solar __ Electric

Water Heater: __ Gas __ Well __ Private Utility or Other

Water Supply: __ City __ Bottled __ Water-conserving plumbing fixtures

Gas Supply: __ Utility __ Window Security Bars __ Quick Release Mechanism on Bedroom Windows

__ Window Screens

Exhaust Fan(s) in ________________220 Volt Wiring in ________________Fireplace(s) in ___________

Gas Starter ______________________Roof(s): Type: ____________________ Age: __________(approx.)

Other: _________________________________________________________________________________________

Are there, to the best of your (Seller’s) knowledge, any of the above that are not in operating condition?
___Yes ___No. If yes, then describe.

(Attach additional sheets if necessary):

B. Are you (Seller) aware of any significant defects/malfunctions in any of the following?
__ Yes __ No. If yes, check appropriate space(s) below.

___Interior Walls ___Ceilings ___Floors ___Exterior Walls ___Insulation ___Roof(s)

___Windows ___Doors ___Foundation ___Slab(s) ___Driveways ___Sidewalks

___Walls/Fences ___Electrical Systems ___Plumbing/Sewers/Septics ___Other

Structural Components (Describe):__________________________________________________________________________________

_________________________________________________________________________________________________________________________________)

If any of the above is checked, explain (Attach additional sheets if necessary):

* Installation of a listed appliance, device, or amenity is not a precondition of sale or transfer of the dwelling. The carbon monoxide device, garage door opener, or child-resistant pool barrier may not be in compliance with the safety standards relating to, respectively, carbon monoxide device standards of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12 of, automatic reversing device standards of Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. Window security bars may not have quick-release mechanisms in compliance with the 1995 edition of the California Building Standards Code. Section 1101.4 of the Civil Code requires all single-family residences built on or before January 1, 1994 to be equipped with water-conserving plumbing fixtures after January 1, 2017. Additionally, on and after January 1, 2014, a single-family residence built on or before January 1, 1994, that is altered or improved is required to be equipped with water-conserving plumbing fixtures as a condition of final approval. Fixtures in this dewelling may not comply with Section 1101.4 of the Civil Code.

C. Are you (Seller) aware of any of the following:

1. Substances, materials or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, mold, fuel or chemical storage tanks, and contaminated soil or water on the subject property................ __Yes __No
2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property.......................................................... __Yes __No
3. Any encroachments, easements or similar matters that may affect your interest in the subject property............................. __Yes __No
4. Room additions, structural modifications, or other alterations or repairs made without necessary permits............................ __Yes __No
5. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes .................... __Yes __No
6. Fill (compacted or otherwise) on the property or any portion thereof __Yes __No
7. Any settling from any cause, or slippage, sliding, or other soil problems ......................................................... __Yes __No
8. Flooding, drainage or grading problems ........................ __Yes __No
9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides................................. __Yes __No
10. Any zoning violations, nonconforming uses, violations of “setback” requirements ..................................................... __Yes __No
11. Neighborhood noise problems or other nuisances................ __Yes __No
12. CC&Rs or other deed restrictions or obligations .............. __Yes __No
13. Homeowners’ Association which has any authority over the subject property.......................................................... __Yes __No
14. Any “common area” (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others). __Yes __No
15. Any notices of abatement or citations against the property. __Yes __No
16. Any lawsuits by or against the Seller threatening to or affecting this real property, claims for damages by the seller pursuant to Sections 910 or 914 of the Civil Code threatening to or affecting this real property, claims for breach of warranty pursuant to Section 900 of the Civil Code threatening to or affecting this real property, or claims for breach of an enhanced protection agreement pursuant to Section 903 of the Civil Code threatening to or affecting this real property, including any lawsuits, or claims for damages pursuant to Sections 910 or 914 of the Civil Code alleging a defect or deficiency in this real property or “common areas” (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others) ............................................................... __Yes __No
If the answer to any of these is yes, explain. (Attach additional sheets if necessary.)
D. 1. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 13113.8 of the Health and
Safety Code by having operable smoke detectors(s) which are approved, listed, and installed in accordance with the State Fire Marshal’s regulations and applicable local standards.

2. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 19211 of the Health and Safety Code by having the water heater tank(s) braced, anchored, or strapped in place in accordance with applicable law.
Seller certifies that the information herein is true and correct to the best of the Seller’s knowledge as of the date signed by the Seller.

Seller ___________________________________________________________ Date _________________________

Seller ___________________________________________________________ Date _________________________

III
AGENT’S INSPECTION DISCLOSURE
(To be completed only if the Seller is represented by an agent in this transaction.)

THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING:

__ Agent notes no items for disclosure.

__ Agent notes the following items:

Agent (Broker
Representing Seller) ___________________________ By ____________________Date_________

(Please Print)

(Associate Licensee or Broker Signature)

IV
AGENT’S INSPECTION DISCLOSURE
(To be completed only if the agent who has obtained the offer is other than the agent above.)

THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING:

□ Agent notes no items for disclosure.

□ Agent notes the following items:

Agent (Broker
Obtaining the Offer) ____________________By _________________Date ______

(Please Print) (Associate Licensee

or Broker Signature)
V

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller___________________________Date___________Buyer_____________________________Date___________

Seller___________________________Date___________Buyer_____________________________Date___________

Agent (Broker
Representing Seller) ________________________ By __________________Date________

(Please Print) (Associate Licensee

or Broker Signature)
Agent (Broker
Obtaining the Offer) ________________________By ___________________Date _______

(Please Print) (Associate Licensee

or Broker Signature)
SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD.

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(b) The amendments to this section by the act adding this subdivision shall become operative on July 1, 2014.