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Statewide Buyers and Sellers Advisory
As this form is 10 pages long and has
over 40 items, I am not including it in its entirety here. The front page
has 3 paragraphs that address the rights and duties of buyers, sellers
and brokers. To follow is a list of advisories for both buyers and sellers
regarding inspections, environmental conditions and other issues. The
subtitles are as follows. In the actual form, each has a paragraph which
further explains the item.
| * |
Buyer Rights and
Duties |
| * |
Seller Rights and
Duties |
| * |
Broker Rights and
Duties |
| 1. |
Inspections |
| 2. |
Square Footage,
Lot Size and Boundaries |
| 3. |
Soil and Geologic
Conditions |
| 4. |
Geologic Hazards |
| 5. |
Environmental Hazards |
| 6. |
Mold |
| 7. |
Water Intrusion |
| 8. |
Septic Systems |
| 9. |
Well and Water
Systems |
| 10. |
Wood Destroying
Pests |
| 11. |
Easements, Access
and Encroachments |
| 12. |
Earthquake Fault Zones and Seismic Hazard
Zones |
| 13. |
Fire Hazards |
| 14. |
Flood Hazards |
| 15. |
Building Permits, Zoning and Code Compliance |
| 16. |
Views |
| 17. |
Future Repairs, Replacements and Remodels |
| 18. |
Errant Golf Balls |
| 19. |
Schools |
| 20. |
Neighborhood Noise Sources |
| 21. |
Pets and Animals |
| 22. |
Security and Safety |
| 23. |
Retrofit |
| 24. |
Water Shortages and Conservation |
| 25. |
Neighborhood Area; Personal Factors |
| 26. |
Insurance |
| 27. |
California Fair Plan |
| 28. |
Historical Designation, Coastal Commission,
Architectural Landscape and Other Restrictions on Buildings or Improvements |
| 29. |
Bond and Mello-Roos Community and Other
Facilities Districts |
| 30. |
Homeowner Associations and Covenants,
Conditions and Restrictions (CC&Rs) |
| 31. |
Community Enhancement Fees |
| 32. |
General Recall/Defective Product/Class
Action Information: |
| |
A.
B.
C.
D.
E.
F.
G.
H.
I
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Furnaces
Whirlpool, Microwave-Hood Combination
Roof Tiles
Fire Sprinkler
Water Heater
Aluminum Wiring
Galvanized, ABS, Polybutelene and Copper Pipe
Water Heater Gas Control Valves
ARC-Fault Circuit Breaker |
| 33. |
Rental Property Restrictions |
| 34. |
Land Lease |
| 35. |
Home Warranty |
| 36. |
Internet Advertising |
| 37. |
Escrow Funds |
| 38. |
NOTICE OF YOUR "SUPPLEMENTAL"
PROPERTY TAX BILL |
| 39. |
Non Confidentiality of Offers |
| 40. |
FIRPTA/California Withholding |
| 41. |
Liquidated Damages |
| 42. |
Mediation |
| 43. |
Arbitration |
| 44. |
Local Addenda (If Checked) |
FINAL PARAGRAPH IN FORM
Buyer and Seller acknowledge and agree that Broker: (i) Does not decide
what price Buyer should pay or Seller should accept; (ii) Does not guarantee
the condition of the Property; (iii) Does not guarantee the performance,
adequacy or completeness of inspections, services, products or repairs
provided or made by Seller or others. (iv) Does not have an obligation
to conduct an inspection of common areas or areas off the site of the
Property (v) Shall not be responsible for identifying defects on the Property,
in common areas, or offsite unless such defects are visually observable
by an inspection of reasonably accessible areas of the Property or are
known to Broker; (vi) Shall not be responsible for identifying the location
of boundary lines or other items affecting title; (vii) Shall not be responsible
for verifying square footage, representations of others or information
contained in investigation reports, Multiple Listing Service, advertisements,
flyers or other promotional material; (ix) Shall not be responsible for
providing legal or tax advice regarding any aspect of a transaction entered
into by Buyer or Seller; and (x) Shall not be responsible for providing
other advice or information that exceeds the knowledge, education and
experience required to perform real estate licensed activity. Buyer and
Seller agree to seek legal, tax, insurance, title and other desired assistance
from appropriate professionals.
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