In addition to a properly drafted real estate purchase contract between the sellers and buyers, persons who are considering selling their homes or other real property should be aware that the federal government and the State of California have imposed on Sellers of real property many laws concerning the sale of real estate, particularly single-family residences and residential properties consisting of 1 - 4 units.
The California Civil Code (commencing at Section 1102) provides for disclosures on the transfer of residential real property. These disclosures are required by law when real property of 1 to 4 dwelling units is transferred by sale, exchange, installment land sale contract, ground lease coupled with improvements, lease with an option to purchase, or any other option to purchase.( see Links)
Failure to comply with federal and state disclosure laws or improperly drafted disclosures can not only cause disputes during and after a potential sale, but also subject the seller to liability even years after the sale.
On the following page, you will find a list of various disclosures that are required. These are only some of the disclosures and the list is not exhaustive. The disclosure requirements are constantly changing as are the forms. The forms on the following page may not be up to date.
DISCLAIMER: The information contained on this and all other pages in this web site is necessarily limited and does not contain all the law regarding any situation and it may not be up to date. It should not be relied upon without the additional consultation of an experienced legal professional. This information on this page and all other pages in this web site are not intended to be solicitation or to provide legal advice. Do not rely solely upon the information contained in this or any other web site to determine your legal rights and responsibilities. Nothing on this site shall lead to the creation of an attorney client relationship absent a written agreement between the Client and Attorney. The use of Internet e-mail for confidential or sensitive information is discouraged.
“The number one cause of claims by buyers against sellers after purchasing property that come into our law office results from poorly drafted purchase contracts.”
“The second most frequent cause is due to the sellers’ or the real estate agents’ failure to comply with the complicated disclosure requirements.”
Kenneth Armstrong
Real Estate Broker
Real Estate Attorney
