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Monday, May 08, 2006

California Real Estate Disclosure Forms

California Real Estate Disclosure Forms
By Joe DiPaola

The following are the "property condition" and "proximity" real estate disclosure documents used by Realtors in a typical residential real estate resale transaction. For the most part, the forms refer to California Association of Realtor (CAR) Forms:

CAR Form SA Seller's Advisory (2 pages)
CAR Form BIA Buyer's Inspection Advisory (2 pages)
CAR Form HID For Your Protection Get A Home Inspection (1 page)
Car Form TDS Real Estate Transfer Disclosure Statement (3 pages)
CAR Form DBD Data Base Disclosure (1 page)
CAR Form WHS Water Heater Statement of Compliance (1 page)
CAR Form SDS Smoke Detector Statement of Compliance (1 page)
CAR Form SSD Supplemental Statutory and Contractual Disclosures (1 page)
CAR Form SPQ Seller Property Questionnaire (3 pages)
CAR Form SBSA Statewide Buyer and Seller Advisory (10 pages)
CAR Form FLD Lead Based Paint and Lead Based Hazards Disclosure (2 pages)
CAR Form MCA Market Condition Advisory (2 pages)
CAR Form RGM Radon Gas and Mold Notice and Release Agreement (1 page)
Earthquake Hazards Report (1 page)
Earthquake Booklet: "Home Owners Guide to Earthquake Safety and Environmental Hazards" (54 pages)
Booklet Receipt: "Home Owners Guide to Earthquake Safety and Environmental Hazards"
(1 page)
Preliminary Title Report (from Title Company)

Sellers will want to make the following additional physical condition disclosures, where applicable:
A Pet Damage and Pet Odor Disclosure
An Asbestos Disclosure
An ABS Pipe Disclosure
A Carbon Monoxide Disclosure
A Geological/Soils Disclosure
A Survey/Boundary Disclosure
CAR Form MHTDS Manufactured/Mobile Home Transfer Disclosure Statement (3 pages)
CAR Form HOA Homeowner Association Information Request (2 pages)

To save time and money, I recommend using a professional service to prepare a Natural Hazards Disclosure Report for Seller, such as:
Geo-TechSolutions.com
CalStateReports.com

Depending on the contract negotiated between the parties, Sellers can become contractually obligated to provide a Pest Control Inspection Report, Section 1 and/or Section 2 Clearance (CAR Form WPA Wood Destroying Pest Inspection And Allocation of Cost Addendum). Realtors/Sellers can check the license status of Pest Control Companies by going to the California Structural Pest Control Board at: http://www.pestboard.ca.gov/license.htm

This list is for educational and informational purposes only, and is not meant to be exhaustive. There may be other disclosures required in a transaction, but this list describes the forms that are typically required to disclose the physical condition of the property and/or its proximity to adverse conditions in a residential real estate resale transaction. Please consult with a Realtor or Attorney about your transaction.



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