According to the National Association of Realtors (NAR), the three most popular information sources homebuyers use in the search process are:
• • Online Website: 93%
• • Real Estate Agent: 86%
• • Mobile/Tablet Website or App: 73%
If you’re starting your search online, you are clearly not alone – 93% of homebuyers are right there with you. And 86% of buyers are also getting information from a real estate agent at the same time.
A REAL ESTATE ADVISOR SERVES AS YOUR GUIDE.
3 Key Reasons to Work with a Professional:
A Real Estate Transaction is Complex . We understand most homebuyers are savvy when it comes to online property searches but it’s important to note there’s more to real estate than just that. Determining your price, writing a winning offer and negotiating successfully are just a few key parts of the sequence. Having an experienced professional guide you through the process makes all the difference in a successful transaction.
A Skilled Negotiator. As a homebuyer, we understand your primary goal is to find your ideal home at the right price. Why leave money on the table? Working with a talented negotiator can save you thousands, sometimes even tens of thousands of dollars. From the original offer to the appraisal and the inspection, many steps can get confusing. A knowledgeable advisor serves are your advocate to guide you through the web of processes and procedures.
A Qualified Educator. Today’s world i s filled with information overload and w e understand it can be difficult to determine fact from fiction. That’s why you need someone who is willing to be your advocate and educate along the way.
READY TO BUY A HOME?
HERE’S WHAT YOU CAN DO NOW
LEARN ABOUT THE PROCESS AND HOW MUCH YOU CAN AFFORD
The home buying process is one you want to give thought to before diving in. Decide on key things like how long you plan to stay in an area, school districts you prefer, your commute and how much you can afford.
Before you start the process, you’ll want to get pre-approved for a mortgage. In order to plan properly, understand what lenders are looking for from a borrower. There are three primary factors that help determine if you qualify for financing: your income, your assets and your credit history.
A knowledgeable mortgage consultant can help you navigate the documentation process for pre-approval and identify the best loan for your needs. Pre-approval will you help better understand how much you can afford so you can confidently make a strong offer and close the deal.
SAVE FOR A DOWN PAYMENT & CLOSING COSTS
In addition to knowing what you can afford for a monthly mortgage payment, understanding how much you’ll need for down payment and closing costs is another critical step.
Down Payments are simply a part of a home’s purchase price that you pay up front and does not come from a mortgage lender via loan. There are many down payment assistance resources available in today’s market so be sure to discuss your options with a mortgage advisor.
Closing Costs are the costs associated with finalizing a transaction and typically include an appraisal fee, loan origination fee, title insurance, escrow services and legal recording of documents. Each loan is different so it’s important to discuss these fees with a mortgage expert.
As a home buyer, you have many options available to you. Working with a professional real estate advisor and knowledgeable mortgage expert will put you ahead of the competition and on the path to homeownership.
MORTGAGE APPLICATION CHECKLIST:
Here is a list of documentation that each borrower should have when starting a home loan application. Your loan officer will review these documents to make sure you understand the specific documents requested and go over any questions you might have.
INCOME
Salaried Employees: (with additional income)
• Pay stubs (last 60 days)
• Commission, self-employed in a second job, etc. — statements (last 2 years)
• Personal Tax Returns (last 2 years)
• K-1 form if partnership is indicated on Schedule E
• Most current federal business tax returns (if borrower owns more than 25% of the business)
If tax returns have not been filed for the most current year, and it is after April 15th, 12 month profit and loss statement for that year. Additional information may be required by your lender depending on the complexity of your financial state.
THINGS TO AVOID AFTER APPLYING FOR A MORTGAGE
Once you’ve found the right home and applied for a mortgage, there are some key things to keep in mind before you close on your home. You’re undoubtedly excited about the opportunity to decorate your new place, but before you make any large purchases, move your money around, or make any major life changes, consult your lender – someone who will be able to tell you how your financial decisions will impact your home loan.
Below is a list of things you shouldn’t do after applying for a mortgage. They’re all important to know – or simply just good reminders – for the process.
1. DON’T DEPOSIT CASH INTO YOUR BANK ACCOUNTS.
Lenders need to source your money, and cash is not easily traceable. Before you deposit any amount of cash into your accounts, discuss the proper way to document your transactions with your loan officer.
2. DON’T MAKE ANY LARGE PURCHASES LIKE A NEW CAR OR FURNITURE FOR YOUR NEW HOME.
New debt comes with new monthly obligations. New obligations create new qualifications. People with new debt have higher debt to income ratios. Higher ratios make for riskier loans, and then sometimes qualified borrowers no longer qualify.
3. DON’T CO-SIGN OTHER LOANS FOR ANYONE. WHEN YOU CO-SIGN, YOU’RE OBLIGATED .
With that obligation comes higher ratios as well. Even if you swear you won’t be the one making the payments, your lender will have to count the payments against you.
4. DON’T CHANGE BANK ACCOUNTS.
Remember, lenders need to source and track your assets. That task is significantly easier when there’s consistency among your accounts. Before you transfer any money, speak with your loan officer.
5. DON’T APPLY FOR NEW CREDIT. IT DOESN’T MATTER WHETHER IT’S A NEW CREDIT CARD OR A NEW CAR
When you have your credit report run by organizations in multiple financial channels (mortgage, credit card, auto, etc.), your FICO® score will be impacted. Lower credit scores can determine your interest rate and maybe even your eligibility for approval.
6. DON’T CLOSE ANY CREDIT ACCOUNTS.
Many clients believe that having less available credit makes them less risky and more likely to be approved. Wrong. A major component of your score is your length and depth of credit history (as opposed to just your payment history) and your total usage of credit as a percentage of available credit. Closing accounts has a negative impact on both of those determinants of your score.
BOTTOM LINE
Any blip in income, assets, or credit should be reviewed and executed in a way that ensures your home loan can still be approved. If your job or employment status has changed recently, share that with your lender as well. The best plan is to fully disclose and discuss your intentions with your loan officer before you do anything financial in nature.
THE RELATIONSHIP BETWEEN YOU AND YOUR ADVISOR
In March 2024, the National Association Realtors (NAR) settled a lawsuit that changed the way buyers work with their real estate advisor. These changes help to define your relationship with your advisor and give you a clearer picture of how your advisor is compensated.
• Offers of compensation from the seller’s advisor to your advisor are no longer communicated on the MLS or in California Association of Realtors forms.
• Your advisor is now required to have a written agreement with you BEFORE touring a home. It is referred to as either a Buyer Representation and Broker Compensation Agreement (BRBC) or Property Showing and Representation Agreement (PSRA).
○ These written agreements define the relationship and mutual expectations between you and your advisor and help to avoid misunderstandings.
○ The representation agreements touch on four main points: The time period you and your agent will work together
· The areas and type of properties that interest you
· The compensation agreed upon between you and your agent
· The type of representation; exclusive or non-exclusive
• What’s the difference between exclusive and non-exclusive representation?
○ A non-exclusive agreement means your advisor is owed compensation when a transaction closes if they were “involved” in helping purchase your chosen property. This includes helping you find the property, showing you the property, writing the offer on it etc.
○ An exclusive agreement means your advisor is owed compensation regardless of whether they were involved with the specific property you purchase, if the purchase occurs during the representation period identified in the written agreement.
• What is the benefit of an exclusive versus non-exclusive agreement?
○ An exclusive agreement establishes a direct relationship between you and your advisor to ensure efficient interactions throughout the home-buying process.
○ A non-exclusive agreement could result in you owing compensation to more than one advisor if you sign multiple non-exclusive agreements. This type of agreement is less defined since it is not always clear which advisor was “involved” with the specific property you purchase.
Talk your professional advisor about the ways they can be compensated for their services. They will outline varying scenarios and together you can determine which one best meets your set of circumstances.
WRITE A WINNING OFFER & NAVIGATE THE PROCESS
Once you find the home for you, it’s time to strike quickly with a strategically written offer. In a competitive market, you will want to make all the right moves to land your dream home. Here are the most common elements of a real estate contract:
Determine Your Price: Ultimately the market will determine the final price but working with an experienced agent is critical to writing a winning offer. One that’s based on comparable listings and sales in the area, current market conditions, as well as addressing any seller concerns.
Mortgage contingency: A mortgage contingency stipulates that you will buy the home subject to obtaining a mortgage. The terms of the mortgage must be stated in the contract and a time frame to secure financing also must be established.
Home inspection contingency: A thorough inspection of the property by a licensed protects you against structural or material problems that are not detectable in a casual walk-through. The buyer is responsible for hiring and paying the inspector.
Earnest money: Earnest money is a deposit, given by the buyer to the seller, which secures the contract until closing. Earnest money is typically held in an escrow account until closing, when it may be applied to the down payment and/or closing costs.
Closing date: This is one of the most important terms of a real estate contract. The closing date is the day when ownership changes hands and you get to take a final sigh of relief. Flexibility on the closing date can give a buyer a big advantage over other potential buyers.
THE HOME INSPECTION
ENSURE THE HOUSE IS SECURE AND PROBLEM FREE.
The Home Inspection could be the single-most important process in buying a home, as it ensures that the house is safe, secure and problem free. Knowing this about a home will put the home buyers mind at ease, or if problems do arise in the inspection, you as the seller can prepare and plan for repairs, so the buyers will not pull out of the purchase deal altogether.
The two main inspections performed on a property are The Home Inspection (also known as “The Whole House Inspection”) and The Pest Inspection (also known as the “Termite Inspection”).
A Home Inspection: Gives you an unbiased assessment of the structural and mechanical soundness of the home. The inspector will identify any existing or potential problem areas, and give an overview of the condition of the foundation, basement, roof, windows, doors, walls, ceilings, floors, plumbing, electrical, heating and cooling systems. When possible, Home Inspections may also offer information on how to solve any problems discovered.
A Pest Inspection: A full inspection of your home for any evidence of termite activity and/or evidence of dry rot damage, or moisture conditions that could lead to an atmosphere for wood destroying organisms or termites. This means that a pest inspector would inspect the exterior of your home including all the trim, home siding, under roof eaves, etc. Pest Inspectors do a full inspection of the interior as well, especially checking for water leaks in the bathrooms, kitchen and laundry areas, windows, and inspecting the attic where applicable.
Other common home inspections:
Pool Inspection
Roof Inspection
Fireplace Inspection
HVAC Inspection
Not so common home inspections:
Mold Inspection
Lead Paint
Plumbing
Square Footage
Structural
Easements/Encroachments
Foundation/Slab
Lot Size
Boundaries
Sewer
Septic System
Soil Stability
Survey
Tree/Arborist
Well
Water Systems and Components
Radon Gas
Formaldehyde
Asbestos
Methane Gas Permits
Public Records
Zoning
Government Requirements
HOME APPRAISAL
WHAT IS THE TRUE VALUE OF YOUR HOME?
The first thing to know and be prepared for is the fact that an appraisal is a necessary part of selling or buying a home when a lender is involved. For lending purposes, the bank will consider the appraised value over the market value. The appraisal makes an educated guesstimate at what the property is worth and often decides what the home would sell for in the worst-case scenario.
An appraiser determines value by looking at important aspects of the home, such as the square footage and the overall condition of the house. Statistical data, like the number of bathrooms or bedrooms, can also greatly influence an appraisal as well as comps in the area. A lender is simply not going to finance a loan without knowing this piece of information.
WHEN DO YOU NEED AN APPRAISAL?
Often, the appraisal is not scheduled until a contract is signed; prices have already been negotiated and agreed upon. If the appraisal comes back with a completely different figure, the home buying process is derailed. It is best that you have an accurate determination of what your home could sell for by finding a qualified appraiser in your area, before you list a home.
APPRAISAL IS DIFFERENT THAN AN INSPECTION.
There is a difference between an inspection and an appraisal. The appraisal looks at how much money a home is worth, while an inspection is used to discover any defects that the house may have when it goes on the market. Finally, no appraisal is the final story. A low appraisal is not the end; you can dispute the appraisal that you received. Your Seven Gables Advisor can guide you through the process.
NEGOTIATIONS
YOUR ADVISOR WILL BE YOUR STRONGEST ALLY AND BEST RESOURCE FOR SOLUTIONS
When you make an offer on a new home you will be using a contract developed by your local real estate association in conjunction with legal counsel. These contracts enable you to set a sales price, and include any clauses for specifying various terms of purchase, such as closing and possession dates, the deposit amount, and a variety of other conditions.
Your Seven Gables agent will then deliver your offer to the seller’s advisor, who will present it to their client. The seller has the option to accept, reject or counter the offer. Countering the offer begins negotiation. Successive counter offers, with deadlines for responding and for meeting various contingencies and special conditions, will be exchanged between you and the seller until either a mutually satisfactory pending agreement is reached or the negotiations collapse.
BASIC PRINCIPLES FOR SUCCESSFUL NEGOTIATION
Do your due diligence . Smart buyers will insist on all disclosures up front, so they are well educated on the property. Be sure to insist on seeing all property disclosure forms from the sellers.
Ask questions. Offers may contain complicated terminology, sometimes three or more addenda. Your advisor can help to clarify.
Respond quickly. When sellers counter your offer, they are interested in making a deal. But interest can change, so don’t delay. Respond before another offer comes their way.
Stay calm and be patient. At all times keep communication civil and agreeable.
Meet halfway. If there are disagreements about relatively small expenses, consider splitting the difference.
Be cautious with contingencies. A signed acceptance of a written offer becomes a sales contract. Once you decide to remove contingencies the document is a binding basis for a sale.
Rely on your real estate professional. It’s your advisor’s responsibility to represent your best interests every step of the way. Your success is their success.
BUYER ESCROW PROCESS
COUNTER OFFERS:
In many transactions, there is a fair amount of negotiation – offers and counter offers –before both parties are satisfied. This is one aspect of a real estate transaction in which an agent is invaluable. Not only can a Seven Gables advisor draw upon his or her experience and market knowledge to offer sound advice during a negotiation, but he or she can also serve as a buffer between the buyer and the seller/seller’s agent. Negotiating for a home can be a highly charged and emotional process. But the most emotional buyer will look like one cool customer behind the right agent, and in the end, you usually wind up with what’s important to you.
FROM CONTRACT TO CLOSING:
In a real estate transaction, there are dozens of loose ends to tie up between signing the contract and closing the sale. Seven Gables is known for attention to detail during this important phase in which we coordinate and oversee the complete transaction.
• Recommend a mortgage broker and help expedite the loan-application process.
• Deposit earnest money (with seller or seller’s advisor)
• Recommend and schedule a home inspector. It is always highly recommended that the buyer attend the inspection along with his or her Seven Gables advisor.
• Obtain important documents, such as property disclosure forms and condominium documents (budget, declaration, condo association minutes), and deliver them to the buyer.
• Monitor all contingencies to ensure that they have been met in a timely fashion.
• Recommend service providers for moving, home-improvement and repairs.
• Schedule a final walk-through. Again, both buyer and buyer’s advisor should be present.
• Coordinate your closing.
In addition, if you have an existing home to sell, Seven Gables will customize a comprehensive marketing strategy to help you achieve the highest possible sales price in the shortest amount of time.
WHO PAYS FOR WHAT DURING THE TRANSACTION:
During the negotiation stage of the transaction, a mutually agreed-upon date for closing is determined. “Closing” is when you and the seller sign all the remaining paperwork and pay your share of the settlement fees, and the documents are recorded. Settlement obligations vary widely due to specific contract language, local laws and customs. Prior to closing, the closing agent (usually an escrow company) will complete a detailed settlement statement for both buyer and seller.
The buyer pays:
• Earnest money deposit
• One-half of escrow or legal fees paid to the attorney or escrow company for preparing the closing. (In California, the party paying escrow fees varies from county to county.)
• Document preparation fees
• Recording and notary fees
• Buyer’s portion of title insurance
• Local transfer taxes, if any
• Repairs or inspections (if buyer agrees to pay)
• Loan fees
• Appraisal fees
• Credit report fee
As your Seven Gables advisor, I can help you understand which of the following typical settlement fees apply to you.
CONTINGENCIES
Day 17 – removal of contingencies: Once the Buyer has read all disclosures and reports, and seen the results of all the inspections, and seen the result of Seller’s response to their repair request, Buyer will “release” all their contingencies in writing (except for the loan contingency). When Buyers release all these contingencies, this is a big day. The only thing left to do from here in the escrow process is for the Buyer’s lender to provide final loan approval, and this is usually just a formality at this point.
Day 17 – removal of loan contingency: Once the buyer removes their final loan contingency in writing, the escrow is officially “on the home stretch.” When all of the buyer’s contingencies are released, if the buyer were to fall out of escrow, the seller would keep the buyer’s earnest money deposit as a recourse. Buyers rarely fall out of escrow after the 17 days to avoid recourse and losing their money deposit.
Once the buyer removes contingencies, the seller can start on any repairs that were agreed upon. The seller should, and likely will, save all receipts for repair work to show the buyer proof that the repairs have been completed.
CLOSING ESCROW
Signing escrow papers: Within a few days of close of escrow, the seller will sign all the necessary paperwork to prep for close of escrow.
Buyers final walk through: Within a few days of close of escrow, buyers will normally do a final walk through of the home to make sure the home is in the same condition as the first time they saw it, and to confirm repairs are completed if any were agreed upon.
Escrow closes: Escrow officially closes when the County records the deed transferring title to the property into the new home owner’s name. Your Realtor will let you know when its official. This customarily happens late afternoon on close of escrow date.
Vacating the property: Per the standard contract verbiage, Sellers are required to be completely out of the property by 6:00pm on the close of escrow date. NOTE: Be sure sellers leave all keys, garage door openers, mail box keys, neighborhood gate openers, etc., upon final departure. Your Realtor will also ensure this happens.
BUYER PROCESS CHECKLIST:
Buyer Contact Information
Contingent Y/N
Property Address
Lender Information
Loan Application Date
Purchase Agreement Date
Fully Executed Agreement Date
Close of Escrow Days/Date
Escrow Company
Escrow Officer Contract Information
Appraisal Ordered Date
Appraised Value
Submitted to Underwriting
Loan Approval
Loan Docs Signed
Actual COE Date
INSPECTIONS AND CONTINGENCIES
Inspection Contingency Due Date
Appraisal Contingency Due Date
Loan Contingency Due Date
Home Inspection Date
Termite Date
Other Inspection (s)
Request for Repairs Issued Date
Response to Property Repairs Date
Inspection Contingency Removed Y/N Date
Appraisal Contingency Removed Y/N Date
Loan Contingency Removed Y/N Date
All Contingencies Removed Y/N Dates
Buyer Disclosures Signed
Contingent on Purchase Y/N
Possession Date
Sellers Disclosures Signed
Utility Companies Sent to Buyer
Move-out Date
Moving Company
Client Gift
BUYING A HOME: DO YOU KNOW THE LINGO?
HERE’S A LIST OF SOME OF THE MOST COMMON TERMS USED IN THE HOMEBUYING PROCESS THAT YOU’LL WANT TO KNOW.
Appraisal – A professional analysis used to estimate the value of a home. A necessary step in validating a home’s worth to you and your lender as you secure financing.
Closing costs – The fees required to complete the real estate transaction. Paid at closing, they include points, taxes, title insurance, financing costs, and items that must be prepaid or escrowed. Ask your lender for a complete list of closing cost items.
Credit Score – A number ranging from 300-850 that’s based on an analysis of your credit history. Helps lenders determine the likelihood you’ll repay future debts.
Down Payment – Typically 3-20% of the purchase price of the home. Some 0% down programs are also available. Ask your lender for more information.
Mortgage Rate – The interest rate you pay to borrow money to buy a home. The lower the rate, the better.
Pre-Approval Letter – A letter from a lender indicating you qualify for a mortgage of a specific amount.
Real Estate Professional – An individual who provides services in buying and selling homes. Real estate professionals are there to help you through the confusing documentation, find your dream home, negotiate any of the details that come up, and let you know exactly what’s going on in the housing market.
“The best way to ensure your homebuying process is a confident one is to find a real estate pro who will guide you through every aspect of the transaction with ‘the heart of a teacher’ by putting your family’s needs first.”
-Freddie
Mac – My Home Section
5 REASONS TO HIRE A REAL ESTATE PROFESSIONAL
TRUST & ADVOCACY
You have an advocate with your best interests in mind.
KNOWLEDGE & EXPERTISE
You have a professional who understands your local market, is a savvy negotiator and an expert on the necessary disclosures and contracts.
RELATIONSHIPS & RAPPORT
You have an advisor on your side who has a strong rapport with other Realtors, vendors and service providers which often gets a deal done quicker.
OFF-MARKET OPPORTUNITIES
You have a pulse on off-market opportunities and creative financing options; both of which are invaluable to your success.
MANAGING THE PROCESS
You have a Project Manager working for you to organize, disseminate and explain the transactional processes, milestones, and timelines.
Simply put, hiring a professional protects your interests and leads you to success.
LET’S CONNECT TO DISCUSS YOUR GOALS.
The real estate market is competitive and the process can be complicated. An experienced real estate advisor will guide you down the path. I’d love to talk with you about what you read here and how I can play a role in helping you achieve your goals.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code) (C.A.R. Form AD, Revised 12/21)
n (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(j), (k), and (l).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER’S AGENT
A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER’S AGENT
A Buyer’s agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer’s or Seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller’s willingness to accept a price less than the listing price or the Buyer’s willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent’s role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE.
2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent’s salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller’s agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller’s agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer’s agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. (m) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer’s agent” means an agent who represents a buyer in a real property transaction. 2079.14. A seller’s agent and buyer’s agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller’s agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer’s agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer’s offer to purchase. If the offer to purchase is not prepared by the buyer’s agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal.
2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller’s agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
DO NOT COMPLETE. SAMPLE ONLY
Is the broker of (check one): n the seller; or n both the buyer and seller. (dual agent)
Is (check one): n the Buyer’s Agent. (salesperson or broker associate) n both the Buyer’s and Seller’s Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent’s duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
2079.18 (Repealed pursuant to AB-1289)
COPY
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship.
2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client’s financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent.
2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
APPRAISAL: an expert opinion of the value or worth of a property.
ASSESSED VALUE: the value placed on a property by a municipality for purposes of levying taxes. It may differ widely from appraised or market value.
BUYER
REPRESENTATION AND BROKER
COMPENSATION
AGREEMENT (BRBC)/ PROPERTY SHOWING AND REPRESENTATION AGREEMENT (PSRA): A contractual agreement used in real estate transactions to establish a formal relationship between a buyer and a real estate advisor.
CERTIFICATE OF TITLE: a document, signed by a title examiner, stating that a seller has an insurable title to the property.
CLOSING : the deed to a property is legally transferred from seller to buyer, and documents are recorded.
CLOSING COSTS: see “Settlement” or refer to “Settlement—who pays what” in this guide.
COMMISSION: A fee (usually a percentage of the total transaction) paid to an agent or broker for services performed. And the amount or rate of real estate commissions is not fixed by law, and is negotiable between parties who enter into a listing or other agreements with Broker.
COMPARATIVE MARKET ANALYSIS (CMA): a survey of the attributes and selling process of comparable homes on the market or recently sold; used to help determine a correct pricing strategy for a seller’s property.
CONTINGENCY: a condition in a contract that must be met for the contract to be binding.
CONTRACT: a binding legal agreement between two or more parties that outlines the conditions for the exchange of value (for example: money exchanged for title to property).
DEED: a legal document that formally conveys ownership of a property from seller to buyer.
DOWN PAYMENT: a percentage of the purchase price that the buyer must pay in cash and may not borrow from the lender.
EQUITY: the value of the property actually owned by the homeowner: purchase price, plus appreciation, plus improvements, less mortgages and liens.
ESCROW: a fund or account held by a third-party custodian until conditions of a contract are met.
FIXTURE: a recognizable entity (such as a kitchen cabinet, drape or light fixture) that permanently attached to a property and belongs to the property when it is sold.
HAZARD INSURANCE: compensates for property damage from specified hazards such as fire and wind.
LIEN: a security claim on a property until a debt is satisfied.
LISTING CONTRACT: an agreement whereby an owner engages a real estate company for a specified period of time to sell a property, for which, upon the sale, the agent receives a commission.
MARKET PRICE: the actual price at which a property sold.
MARKET VALUE: the price that is established by present economic conditions, location and general trends.
MULTIPLE LISTING SERVICE (MLS): a system that provides to its members detailed information about properties for sale.
PRORATE: divide or assess proportionately.
PURCHASE & SALE AGREEMENT: a contract between buyer and seller that outlines the details of the property transfer.
SETTLEMENT: all financial transactions required to make the contract final. See “Settlement—who pays what” in this guide.
TITLE: a document that indicates ownership of a specific property.
TITLE PRELIM: detailed examination of the entire document history of a property title to make sure there are no legal encumbrances.
