DISCLOSURES



TIMING OF DISCLOSURES .....

Ideally as many disclosures as possible should be available as the home goes on the market. If there is something in the disclosures which would discourage an interested buyer from making an offer, or from agreeing to a specific price, it is preferable to know this before the offer, rather than once the transaction is in escrow. There should be no surprises, such as might unravel a transaction which is in escrow, or necessitate negotiations for a price reduction or credit.

In normal markets I come across listing agents who place a home on MLS while they put the finishing touches on their disclosure package. But in frenzied markets, like the Mid Peninsula, Albany-Piedmont, and the like, disclosure packages are ready for immediate transmittal the very day the homes comes on - because offers are due in ten days or so!

The most time consuming disclosures concern resale ordinances. In Marin, ten of the eleven cities/towns require a physical inspection of the home. This could take weeks to complete. Buyers are to acknowledge receipt of the report of the inspection. So this should be initiated before the home is placed on the market. The City Report (and Clearance, if applicable) would be included with the disclosures package.



SAMPLE DISCLOSURES .....

These are samples of the types of disclosures that sellers must produce. In an actual transaction there may be more, or less, than shown in the samples.

Property specific disclosures

... Agency disclosure
... Agent's visual disclosure
... Carbon Monoxide detector
... City Report [10 of 11 Marin cities}
... FIRPTA Withholding of Tax
... Lead paint hazard disclosure
... Natural Hazards Disclosure [NHD]
...... Including California Tax Report
...... Including Environmental Report
... Preliminary Title Report
... Public Report
... Report: Home inspection (only in frenzied markets)
... Report: Pest Control (only in frenzied market)
... Report: Sewer Lateral (if required by resale ordinance)
... Residential earthquake hazard report
... Seller property questionnaire
... Transfer Disclosure Statement [TDS]
... Water heater and smoke detectors

San Francisco disclosures

... Adjacent industrial uses
... Energy/water conservation disclosure
... Energy/water conservation booklet
... Certificates of compliance
... General information buyers and sellers
... San Francisco Disclosures and disclaimers
... Seller Property Questionnaire
... The 3R report disclosure
... The 3R report
... Underground storage tank disclosure
... Underground storage tank report

Condominium disclosures

... Articles of Incorporation, or of Association
... Budget, financials
... Bylaws
... Covenants, Conditions, Restrictions
... HOA Rules
... Insurance: liability and casualty
... Minutes
... Parking and Storage disclosure
... Reserves

Generic disclosures

... Buyer Inspection Advisory
... Consumer Guide to disclosures
... Consumer Hazard Booklets
... Market conditions disclosure
... Megan's Law Database disclosure
... Notice re Supplemental Property tax
... Statewide Buyer and Seller advisory

Brokers customarily transmit disclosures as pdf files, or use Dropbox. I favor using a disclosures page. Links have been de-activated.


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