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| Documents required to Sell or Buy a house in California: |
| 1. Residential Purchase Agreement |
| 2. Real Estate Transfer Disclosure Statement (TDS) |
| 3. Lead Based Paint Addendum |
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| In many cases one or more of the following single page documents are also required: |
| 4. Natural Hazard Disclosure Statement |
| 5. Smoke Detector Statement of Compliance |
| 6. Buyer's Inspection Advisory |
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| Federal and State tax law require Sellers to certify that they are American or California tax payers. |
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Seller must tell Buyer if community requires Buyers to join a homeowner's association and pay fees. |
| 7. Seller's Affidavit of Non foreign Status |
9. Homeowner's Association Disclosure |
| 8. California NonResident Withholding Statement |
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| Other California forms & contracts |
| 10. As is Amendment |
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13. Escrow Agreement |
| 11. Counter Offer |
14. Special Stipulations |
| 12. General Amendment |
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A summary description of Real Estate Forms & Contracts included in our California residential package:
- Residential Purchase Agreement (Sales Contract)*:
The California Residential Purchase Agreement identifies the property being sold and states the amount the Buyer will pay. The agreement states the amount of the buyer's down payment and describes the amount and type of mortgage loan the Buyer will need. This real estate form also specifies the Buyer's rights to inspect the property.
- California Real Estate Transfer Disclosure Statement (TDS):
The TDS provides a means for the Seller to inform the Buyer of known problems with the real property as required by the state of Califoria. This is done with a real estate form consisting of a series of detailed questions. The Seller must tell the Buyer what he or she knows but "don't know" is a perfectly acceptable answer in most cases.
- Lead-based Paint Addendum:
Sellers of homes built before 1978 are required to have the home inspected for lead based paint hazards. Even if the home is not built before 1978, the seller must still provide this form simply to tell the Buyer that the real estate was built after 1978. Lead based paint is not neccessarily a hazard unless it is chipped and peeling and available to be picked up for tasting or used in games. Many mortgage lenders require the Seller to inform the Buyer of known lead based paint problems regardless of when the house was built.
- Natural Hazard Disclosure Statement
This real estate disclosure form requires the Seller to consult records and maps at his or her county courthouse to determine if the property being sold is located within any of the following hazard areas:
- A SPECIAL FLOOD HAZARD AREA
- AN AREA OF POTENTIAL FLOODING
- A VERY HIGH FIRE HAZARD SEVERITY ZONE
- A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS AND HAZARDS
- AN EARTHQUAKE FAULT ZONE
- A SEISMIC HAZARD ZONE
If this information cannont be found on the current deed, or at your County court house, several individuals and companies listed on the Internet will research county maps and provide you with a low cost report.
- California Smoke Detector Statement of Compliance:
This real estate form provides a means for the Seller to certify that the Property is in compliance, or will be in comliance with the California Health and Safety Code regarding operable smoke detector(s) before the closing date.
- Buyer's Inspection Advisory Form:
This California form simply advises the Buyer to have the property inspected, preferably by a licensed, professional real estate inspector. Fill in the address of the property, make copies and attach to the Residential Purchase Agreement.
- Seller's Affidavit of Non-Foreign Status:
The Internal Revenue Service requires Buyers to withhold taxes from the purchase price of real estate sold by foreign persons. This is true in every state, but is enforced primarily in areas such as California where foreign ownership is common. Sellers avoid the withholding requirement by filling out this real estate form, and giving the Buyer a notarized copy as proof that they are tax-paying Americans.
- California Nonresident Withholding Statement:
Sellers with primary residences outside of California, may avoid state tax on the sale of California real estate if they meet conditions specified on this form.
- Homeowner's Association Disclosure Form:
Sellers of residential real estate must tell the Buyer if Buyer will be required to join a homeowner's association. This disclosure form gives the Seller a means to disclose all fees and restrictions imposed by the homeowner's association.
- As Is Amendment:
This short real estate form overides the Buyer's inspection rights stipulated in the Residential Purchase Agreement. By signing this amendment form, the Buyer agrees to purchase the real property in its current condition, and frees the Seller from all obligations to make repairs.
- Counter Offer Form:
This is a mostly blank form that allows the Seller to specify the Offer to which he or she is responding, and write in changes that make that offer acceptable (as an alternative, the Seller may simply cross out unacceptable terms and return the original offer form to the Buyer). A Buyer may also use a Counter Offer form to respond to the Seller.
- General Amendment:
This is essentially a blank form to provide space for the Seller and Buyer to specify terms not included in the Residential Purchase Agreement. In most cases, the new terms can be copied from our Special Stipulations form, or 'cut' and 'pasted into the blank space on the General Amendment.
- Escrow Agreement:
California's state authorized escrow officers will normally hold all Buyer deposits until closing, but in certain cases a Sellers without a real estate broker or agent, may use the Escrow Agreement form to name a third party to hold earnest money and other deposits. The Escrow Agreement also specifies the conditions under which the deposits are returned to the Buyer or transferred to the Seller.
- Special Stipulations:
This is a plain text form with 24 clauses (paragraphs) that describe situations Sellers and Buyers often want to include in the real estate purchase agreement. For instance, a Buyer may want to make the contract subject to approval of a father-in-law who is financing the purchase. These stipulations are in plain text format so they may easily be 'cut' and 'pasted' into the 'Special terms' section of the Purchase Agreement form or into a General Amendment.
Our California forms are designed by NICNIA Real Estate Corp to meet California requirements. These forms and contracts are functionally equivalent to real estate forms published by the California Association of Realtors (CAR) but are neccesarily different to avoid their copyright. Despite the minor differences our forms and contracts are used to sell and buy California real estate on a regular basis.
Forms purchased from Audrie.com are typically one or two pages shorter that real estate forms published by the California Association of Realtors (CAR). Our forms are designed for people selling their homes without a real estate broker so we omit sections covering commission amounts, splits between brokers for the seller and brokers for the buyer, and arbitration rules to govern commission disputes.
Our Real Estate Forms will be appropriate for most people selling their own homes. However, unusual or complicated legal situations may sometimes occur. If you are faced with a real estate situation not covered in our forms, we recommend the advice of a real estate attorney. You can still save money by filling out our forms to the best of your ability and paying a real estate attorney to proof read them and make changes. The cost for an attorney's time for this type of service should be a lot less than the cost of preparing entire documents.
In cooperation with Nicnia Real Estate, the Audrie.com staff conducts an annual review of changes to real estate forms published by realtor associations in each state. By far the most changes to forms published by the California Association of Realtors (CAR) are to sections covering real estate broker commissions, dispute resolutions and arbitration between brokers. These “broker” sections are not usually covered in our real estate forms so our current Clifornia real estate forms are often identical to our prior year forms even when the state realtor associations trumpets new changes. |
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