Home Buyer’s Guide
Expert in San Francisco East Bay Real Estate Representation | Marketing | Negotiation Jane Strauch | The Grubb Company | C: 510.388.6841 | O:510.339.0400/279 | JStrauch@Grubbco.com | JaneStrauch.com
1960 Mountain Boulevard, Oakland, 94611 510.339.0400 GRUBBCO.COM
Jane’s Home Buyer’s Handbook My focus is to make the process of buying a home as efficient and seamless as possible. It is my job to support you in finding the right home with the best possible terms, and to assist you through the entire process. I have prepared this guide for you in order to help explain the process of buying a home. This material will help to familiarize you with the various activities, documents and procedures that you will be experiencing while purchasing your home. The Grubb Company and I have the resources, experience, and market knowledge to support you in achieving your dreams of home ownership, and I look forward to working with you.
Sincerely,
About Jane Jane Strauch is a top producing San Francisco East Bay realtor specializing in Piedmont and the surrounding areas. Leveraging her innovative marketing skills, negotiating prowess and unyielding determination, Jane is able to get her buyers and sellers more of what they want. She is single-minded in the pursuit of her clients’ goals, represents their interests exclusively, and she never leaves their corner. With nearly all of her listings selling in multiple offers, Jane draws upon her association with The Grubb Company / Luxury Portfolio International to cast a wider net. Creating a distinct brand to showcase each property Jane uses out-of-the-box marketing strategies developed from her years of experience, as well as her degree from the University of Washington. With strategic pricing and skilled negotiation tactics, Jane’s sellers know they are selling at the highest possible price. Jane’s deep knowledge of the community & relationships with other agents gives her buyers the in side track for on and off market opportunities, while her successful financial planning and real estate investment background gives them an edge to make smart buying decisions. An open, honest and resourceful person, Jane is driven from her early days with Nordstrom to provide an extraordinary buying and selling experience. This unrivaled ability to anticipate her client’s needs and far exceed their expectations has resulted in loyal lifetime clients, glowing testimonials and ongoing referrals. See Jane to discuss your needs and make your real estate dreams a reality.
Tucher-Engel Family Jane recently helped our family navigate a sale and purchase. On the sell side, Jane’s work secured an all-cash offer that closed in 7 days and resulted in a price that far exceeded our wildest hopes. Her team took care of everything from replacing plumbing fixtures, to painting, to personally interacting with the more than 100 prospective buyers that flowed through our house during the first weekend of open houses. Jane is one of the few brokers that will hold your house open on both Saturday and Sunday - a brilliant move since most house shoppers are chomping at the bit by the time Saturday rolls around. On the buy side, Jane and her team painstakingly scrutinized every home that came on the market that met our criteria for months. Jane’s network of relationships with other brokers and her status as a top performer means selling brokers take her calls and provide extra detail and insight critical to your ability to evaluate each prospect. By the time you consider bidding on a house with Jane, you know everything there is to know about the house, including the motivation of the sellers and the range your offer will need to be in order to prevail. Jane was available to us 24/7. She communicated clearly and fully. She kept us apprised and answered every question we put to her with grace and humor. I’ve never worked with someone with such a broad set of professional skills. The only downside to our now being happily moved in to our new house is that we won’t be able to work with Jane anymore.”
The McKillop - Nussbam Family “Jane did an outstanding job for our family in the selling of our Piedmont home. She brings to the process a thorough understanding of the Piedmont real estate market and community. Her guidance and recommended resources during the preparation of our house for sale were spot on. During the negotiation phase Jane lead us through the process, helping to evaluate offers and obtain the best overall agreement. We continue to value Jane not only as a business partner but as a neighbor.”
The La Piana -McFarland Family “After 18 years in our lovely Piedmont home we fell in love with a new house we stumbled across. We had no realtor and no plans for selling our current home. We called Jane on the recommendation of a friend and she helped us to make the decision to move forward, then to negotiate the purchase at a fair price including the almost unheard of contingency in this market of needing to sell our current home. The offer was accepted and Jane swung into action on our Piedmont home. Within days we had an army of craftsmen, helpers, and painters in, completing what my wife described as ten years of deferred maintenance in 10 days. Jane then organized the marketing of our house. After one weekend of open houses, over a week of showings we had more than 130 potential buyers through the house and sold it with multiple offers, well over asking, on terms all in our favor. Jane coordinated simultaneous closings working very well with both our buyers’ realtor and the realtor representing the sellers of our new house. Throughout this process Jane and her team were amazingly responsive, flexible and supportive. At the end of this process we consider both Jane, and her assistant Carrie, to be good friends.”
Laura Pochop & Chad Olcott - Owners of Mulberry’s Market “We can’t say enough about working with Jane Strauch to list and sell our Piedmont home. Jane was a critical piece of the entire process. She helped us think through the most effective timing and to come up with the right sale price, and she also guided us through most effectively ‘fluffing’ our family home to make it attractive to the widest audience of potential buyers. She even helped arrange for us to stay in a hotel for a week during the busiest week of showings, and took care of our dog to boot. Talk about full -service! We were thrilled with the results — multiple offers for well over the asking price within two weeks.”
The Stein-Merit Family “What can I say but Thank you, thank you, Thank you! You have been so wonderful throughout the many months of our house search, and I feel so lucky to have found not only a wonderful realtor but a great new friend. We are so excited to move into our new house and thank you for all of your patience, perseverance, hard work and humor – you are simply the best!”
Our Professional Relationship An Overview of Working Together My Commitment to You I am a full time professional real estate agent, educated in the legal aspects of real estate practice and licensed by the State of California to provide real estate services. I abide by a strict Code of Ethics to provide you with the highest level of service. Affiliated with The Grubb Company, I am part of a team of experienced Realtors with the highest market share in Northern California. I am committed to serving you with integrity, respect and confidentially.
Skilled Service A large part of my work is performed “behind the scenes”; previewing homes, researching comparable sales and market trends, gaining market knowledge, communicating with colleagues, evaluating changing legislation and maintaining my professional credentials. For every hour I spend showing you homes, I will spend numerous hours in preparation. I am constantly acquiring material that will help me to better serve you.
How I Am Compensated Real Estate agents are independent contractors and their commissions are in most cases, paid out of the seller’s proceeds upon successful completion of a sale. Typically, the property owner has already signed a listing agreement which allows the sellers broker/agent to market the property in the Multiple Listing Service/MLS and offer a commission to the buyer’s broker/agent. Commission is negotiable and in reality has been factored in to the mutually agreed upon final sales price. *See Jane to elaborate further.
Communication is Key I will be available for communication as often as necessary and will answer any questions you may have. I intend to be a resource for you and expect that our relationship will continue long after the close of escrow. – See Jane’s Policies
Service for Buyers Whether entering into home ownership for the first time or moving from one house to another, purchasing real estate can be both exciting and emotional. Different areas have different values and standards of practice. Having someone you can rely on in important. By working together with open communication and trust, we can achieve your individual goals. I will be dedicated and diligent in achieving those goals; they will be my priority. • Educate you about current market conditions • Conduct a daily search for appropriate properties • Schedule immediate showings of selected properties • Provide a list of qualified and licensed inspectors when necessary • Help you visualize cosmetic updating when needed • Deliver experienced counsel when writing an offer • Negotiate strongly on your behalf • Be present at the escrow signing appointment at the title company’s office • Answer any questions you may have
Realizing Your Home Ownership Dream Buying Versus Renting Trends in home prices, personal income, and mortgage rates — combined with the tax advantages of home ownership — make this an excellent time to turn the dream of owning a home into a reality. If you’re thinking of purchasing a home, you’ve probably already asked yourself, “Can I afford to buy?” Another good question to ask is, “Can I afford to continue renting?” No matter what you’re currently paying for rent, your total cash outlay over a period of several years will probably add up to a much higher total than you may have realized. With the money you are currently spending on rent, you could be building equity in your home. Keep in mind, too, that over the years your income most likely will increase faster than any increase in your mortgage payment. Rent payments, on the other hand, tend to increase – right along with your paycheck.
Mortgage Rates Currently, mortgage rates are at historically low levels ad increasingly popular alternate forms of financing may make your loan even more affordable. Your loan officer can provide information the types of financing plans available to you.
Homeowner Tax Advantages When you’re figuring out how much you can afford to commit to monthly mortgage payments, don’t forget the tax advantages of homeownership. Both property taxes and interest payments on a mortgage for an owner-occupied home are currently taxdeductible. In the early years of a typical mortgage, all but a small percentage of each monthly payment is used to pay off the interest on the loan. This means that as a homeowner, your annual taxable income could be substantially reduced by deducting the payments you make on property taxes and yearly mortgage interest. Ask your CPA (certified public accountant), attorney, or tax preparer how buying a home now would affect your tax situation. Home Value Appreciation.
Home Value Appreciation In addition to tax advantages, you can also benefit from any increase in the value of your home through appreciation and improvements you add for your own comfort and enjoyment.
You Can Make Homeownership a Reality Take a good look at your personal financial situation in comparison to housing price trends and mortgage plans available in your community. You will probably discover that you are closer to homeownership than you had realized. Buying a home is probably one of the biggest investments you’ll ever make. And when it’s your first home, it is especially important that you seek qualified assistance. Your local real estate professional or broker has the experience and expertise to help you find — and purchase — the home of your dreams
What to Expect When You Are Buying a Home Evaluate Your Needs We will discuss your specific needs in a hone and analyze your resources. We will establish a set of criteria about the type of home, location, and features that are most important to you.
Loan Consultation I will provide you with guidance in finding a financial institution, and support you in obtaining information on available financing options. A licensed loan consultant can help you determine a realistic range of affordability and can provide you with a letter of pre-approval. It is important for me to be in contact with hour chosen lender to confirm offer timelines, wording for the pre-approval letter when need, and financial capability.
Cash Purchase If not obtaining a loan, be prepared to supply a proof of funds letter from a Bank or CPA that states you can “make the purchase of XYZ property for $X,XXX,XXX without obtaining financing�, it will need to be on their letterhead or in an email that can be printed.
Market Education, View Properties & Select a Property We will work together to find available properties based on the criteria that you deem important. I will provide open house opportunities and arrange private showings when needed. As we view different homes we will reassess your criteria. The more precise and direct you are with me, the more successful our search will be. There are multiple reliable resources that we can use to find suitable properties including but not limited to the Multiple Listing Service (MLS), Top Agent Network (TAN), Redfin, and Realtor.com.
Selecting Your Lender A very important part of purchasing a home is finding the right lender. Listed below are characteristics you should look for and ways to choose a lender.
Getting Prequalified • With prequalification, you can determine which loan program best fits your needs • You will know exactly how much you are qualified for • You can estimate your monthly payment. This will allow you to outline your budget before making this important investment • It allows you to see what the down payment and closing costs will be • Communicating with your lender to preview your financial options prior to shopping for your new home affords you the opportunity to consider what you really want and need before the emotions of purchasing your home engage
Questions to Consider When Selecting Your Lender • What is his or her reputation within the community? Does he or she have references? • Is the company well known in the area? How long has the company been in business? • Is the lender a mortgage broker? Does the lender have access to a wide variety of loan programs? • Can the interest rates be locked in and for how long? Is there a charge? If so, what is it? • Does the lender understand the unique characteristics of this areas real estate market?
Important Information to Know When Looking for Your Lender • Rates quoted over the phone are rarely locked prices • The interest rate you are quoted over the phone by a lender who knows nothing about you may not be a program that will fit your needs or qualifications • Rates can be subject to change unless they are predetermined for a specific period of time • Interest rates can change daily; a quote you get today may not be available at the same price tomorrow • Do not agree to loan terms that you do not understand; a qualified loan representative will explain rates and terms to your satisfaction * Talk to Jane about her preferred lenders
Components of a Mortgage Payment Your monthly mortgage payment is made up of several components. This housing expense is commonly referred to as “PITI” or principal, interest, taxes, and insurance. PMI (see below) and Homeowner’s Association dues may also make up a portion of your total payment.
Principal The original balance of money loaned, excluding interest – also, the remaining balance of a loan, excluding interest. The interest is calculated on the principal.
Interest The charge for the use (loan) of money.
Taxes The county assessor charges property tax based on the value of your home. Two tax installments are due each year. The first installment is due November 1 and is delinquent on December 10. The second installment is due February 1 and is delinquent on April 10. Taxes may be impounded, depending on the amount of your down payment. Anything less than 20% requires an impound account. An impound account is a trust account set up by the lender to which a portion of the monthly payment is credited so that funds will be available for the payment of taxes and insurance.
Hazard Insurance This contract pays for loss of a home from certain hazards, including fire. You obtain homeowner’s insurance from your own insurance agent. The standard policy pays replacement costs, minus depreciation based on actual cash value. Talk to your insurance agent about the different types of insurance available. Hazard insurance may be impounded. Obtaining home insurance can present a large obstacle in today’s market. It is important to start looking for insurance immediately upon acceptance of your offer.
Private Mortgage Insurance (PMI) Depending on the amount of your down payment, you may be required to have PMI. A down payment of less than 20% requires PMI. Because loans with small down payments involve substantially more risk for the lender, they need protection in case the loan goes into foreclosure. Because this insurance is available, lenders can offer loans with lower down payments. PMI may require an up-front fee which is payable as part of your closing costs and it is also required to be paid monthly with your payment. Federal Housing Administration (FHA) also charges a fee for mortgage insurance called MIP or Mortgage Insurance Premium. An upfront fee (which may be financed) and amonthly fee are assessed. VA charges a funding fee, which may also be financed.
Making an Offer: When You Have Found “Your Home” When you have found a property that you would like to pursue, there are a few necessary and important steps prior to submitting an offer.
Review Disclosures Most properties have pre-offer disclosure packages. These packages include pertinent information about the property, and required city and state disclosures and ordinances. We will review together and determine the need, if any, for additional due diligence or inspections.
Contact Your Lender or Banker You will need to contact your lender to confirm that they have all of the updated information they require to provide a pre-approval letter. I will work with your lender on the specific wording needed for the pre-approval letter.
Compare Market Data We will review comparable properties and discuss offer strategies so you can present the most competitive offer within your personal capabilities.
Structure an Effective Offer Once you have found the home that you wish to purchase, we will discuss the variety of ways you can structure an effective and competitive offer. We will write the purchase agreement and I will advise you on protective contingencies, customary practices, and local regulations.
The Offer A few important things to know about your offer. Typically an offer contains the following information: • Cover letter with terms, short biography on buyer and family photo, if recommended • Agency Disclosure • Contract for the Sale and Purchase of Real Property • Pre-approval letter from the lender or Proof of Funds Letter • Executed disclosure package cover • Personal letter (handwritten preferable) from you to the seller, if recommended
Important Offer Terms
• Offer price • A 3% deposit will be required to be deposited with the title company within three business days of ratification so be sure liquid funds will be available • Financing amount and terms of the researched loan • Contingencies • Close of escrow date
Contingencies A contingency is what allows you to cancel a contract without losing your deposit. Each contingency has a number of calendar days associated with it and all contingencies must be removed in writing. Typical contingencies include: • Financing • Appraisal • Property Inspection • Structural Pest Inspection • Condo/Co-op Information (if pertinent) • Income Property Information (if pertinent) • Approval of seller’s Transfer Disclosure Statement (TDS) & Supplement to TDS • Approval of the Preliminary Title Report • Report of Residential Building Records
Present Your Offer I will present your offer to the seller and/or the seller’s agent. The seller has three options – to accept, reject, or counter your offer back. My personal knowledge of our needs and qualifications will enable me to represent your offer n the best light.
Respond to the Seller I will review the seller’s response with you. If the seller has countered your offer, you will have the option to accept, reject, or counter. My negotiating skills will benefit you in reaching a satisfactory agreement.
Open Escrow When the purchase agreement is accepted and signed by all parties, I will open escrow for you and you will be required to wire your deposit to the title company. The title company is a neutral third party that will receive, hold, and distribute all funds associated with your transaction.
Contingencies If your accepted offer has contingencies, it will be considered Active Contingent. Prior to closing, all of the contingencies of the Purchase Agreement must be met and the contingencies then removed in writing. I will coordinate the removal of these contingencies and review all documents with you. Once all contingencies are removed, the sale will be considered Pending. At this point your deposit becomes non-refundable.
Estimate of Closing Costs The week before closing the title company will generate an estimate of closing costs, which we will review for accuracy. This estimate will display the amount of your cash balance needed to close escrow. The estimate will include additional costs beyond the purchase price. Some of the costs included (but not limited to) the following: • Homeowners insurance • Property tax pro-rated to the date of the close of escrow • ALTA Insurance (American Land Title Association) • CLTA Insurance (California Land Title Association) • Escrow fees • Loan origination fees • Appraisal fee • Notary fee • Recording fee
Closing Escrow When all of the conditions of the purchase agreement have been met, you will sign your loan documents and closing papers with the Title Officer. You will deposit the balance of your down payment and closing costs into escrow a few days prior to closing. Your lender will deposit the loan amount into escrow after your funds have been received, usually the business day before closing. The deed will then be record at the County Recorder’s office and you will take ownership of your new home.
The Loan Process A General Guide As your real estate agent, I will help you select a mortgage lender. Once you have made your decision, these are the steps of the process:
Application Process Your mortgage lender or broker will ask you to complete a mortgage application and provide copies of your income and asset verification. Various fees and the down payment will be discussed at this time and you will receive an estimate for housing expenses and closing costs.
Mortgage Preapproval Your mortgage lender will review your income, assets, and credit history to determine if you qualify.
Escrow Process Once your offer to purchase a home is accepted, the escrow process begins. The mortgage lender orders the appraisal, preliminary title report, and other supporting documentation. As it comes in, the documentation is checked for any irregularities, and any additional items needed are requested.
Loan Submission Once all the necessary documentation is in, the loan processor puts the loan package together, your loan agent prepares a cover letter, and your completed file is submitted to a lender or approval.
Loan Approval (Underwriting) Loan approval, or underwriting, generally takes anywhere from 24-72 hours, and it may take slightly longer if mortgage insurance is required. Mortgage insurance underwriting occurs when the borrower has less than 20% of the loan amount to put towards a down payment. All parties are notified of the approval and any loan conditions that must be received before the loan can close. You may remove your financing contingency after these conditions are met
Documents Are Drawn Within one to three days after loan approval, the lender prepares your loan documents (including the note and deed of trust), which are se t to the title or escrow company. The escrow officer will call you to set up an appointment when the papers are ready for your final signature. At that time, the escrow officer will tell you how much money you will need to bring in to close the escrow. We will review an estimate of closing costs before you meet with your lender so you are prepared.
Closing Once all parties have signed the loan documents, they are returned to the lender, and the package is reviewed. If all the forms have been properly executed, the lender sends the loan funds by wire transfer. This is the point at which you finish the loan process and actually buy the house.
Congratulations Let’s celebrate!
Types of Loans Adjustable-Rate Mortgage Adjustable-rate mortgages have an interest rate that is adjusted at certain intervals based on a specific index during the life of the loan.
Balloon-Payment Loan A fixed-rate loan that is amortized over 30 years but becomes due and payable at the end of a certain term, may be extended, or may roll over into another type of loan.
Buy-Down Loan Buy-down loans are fixed-rate loans where the interest rate and the payment are reduced for a specific period of time by passing the interest up front to subsidize the lower payment.
Community Homebuyer’s Program A fixed-rate loan for first-time homebuyers with a low down payment (usually 3 to 5 percent), no cash, no cash reserve requirement, and easier qualifying ratios. Qualification is subject to borrower meeting income limits and attendance of a four-hour training course on homeownership.
Conventional Loan Conventional loans are sometimes more lenient with the appraisal and condition of the property. When you are buying a “fixer-upper” you may need to use a conventional loan.
FHA Loan FHA loans are insured by the Federal Housing Administration under the Department of Housing and Urban Development. They offer a low down payment and are easier to qualify for than conventional loans.
Fixed-Rate Loan A fixed-rate loan has one interest rate that remains constant throughout the life of the loan.
Graduated Payment Mortgage A fixed-rate loan that has payments starting lower than a standard fixed-rate loan, which then increases by a predetermined amount each year for a set number of years.
Mortgage Credit Certificate A first-time homebuyer program is subject to purchase price and income limits in some areas. It is actually a special tax credit and assists the buyer in qualifying for many loan programs.
Non-qualifying Loan (Assumable) Non-qualifying loans are pre-existing loans that can be assumed by a buyer from the seller of a property without going through the qualifying process. The buyer pays the seller for their equity and then starts making payments.
VA Loan Guaranteed by the Department of Veterans Affairs. A veteran must have served 180 days of active service.
The Inspection Process Real estate contracts often contain contingency clauses that allow buyers to inspect the property physically (usually at their expense). This inspection provides a comprehensive review of the infrastructure of the property. Which inspections to order is usually a matter of observation and knowledge of what is critical to a particular region or area. Below is a list of the most common types of inspections.
Structural Pest Control This inspection uncovers an active infestation by wood-destroying organisms. Section I on the report deals with active infestation and includes items that need immediate attention. Lenders usually want the work performed prior to funding the loan. Section II on the report will be items that could cause infestation and, if not corrected, could cause damage.
Physical Property Inspection This inspection encompasses roof, plumbing, electrical, heating, and any other accessible area of the structure. A detailed report will be written with recommendations for repair or for further inspection by a specialist.
Other Potential Inspections (based on need):
• Fireplace & Chimney • Geological Inspections • Heating & Air Conditioning • Sewer Lateral • Structural Engineering • Smoke Detector & Water Heater Ordinance Compliance
What You Need to Know About Escrow What is Escrow? Escrow is the process by which the interests of all parties in a real estate transaction are protected, ensuring that all conditions of the sale have been met before property and money change hands. Escrow is an independent depository wherein all funds, instructions, and documents for the purchase of your home are held, including your down payment, your lender’s funds, documents for the new loan, hazard and title insurance, inspection reports, and the grant deed from the seller. At the close of escrow, the “escrow holder” delivers these items to the appropriate parties, disburses the funds, and handles the associated paperwork.
The Escrow Process Your escrow is created shortly after you execute the purchase agreement to sell your home. It cannot be successfully completed until all escrow instructions have been carried out and all parties have signed escrow documents. The length of escrow can range from a few days to several months, depending on the terms of the purchase agreement. On average, an escrow closes within 21-30 days.
Opening the Escrow Either your real estate professional or the other professional may open the escrow depending on the county. As soon as you execute the sales agreement, your professional will place the initial deposit into an escrow account. At the opening of escrow, you may be asked to provide identification information such as your birth date and Social Security number. This information remains confidential.
Coordinating With Your Lender Once you are in contract to purchase a property, we will notify your lender and I will forward the necessary contract documents. I will keep the title company and other professionals informed of your loan progress as necessary. When your loan is approved, the loam documents will be sent to your title officer, and he/she will prepare your escrow instructions and arrange for your signing. The loan(s) on the owner’s property will be paid off at the close of escrow.
Preliminary Title Report The title company searches the public records for pertinent information about the property. Who is the owner of record? What liens exist against the property? What easements affect the property? Are there any judgements that might have to be cleared before title can be transferred? Any such items must be resolved during the escrow period.
Title Insurance Title insurance policies are protection for the buyer and lender against forgeries, errors in public records and other specific items. A CLTA (California Land Title Association) title insurance policy is issued to protect the buyer and the ALTA (American Land Title Association) title insurance policy is issued to protect the lender.
Role & Responsibilities of the Title Officer The title officer is a neutral third party that maintains the escrow account and impartially oversees the escrow process, making sure all conditions of the sale are properly met. The title officer’s duties include but are not limited to:
• Serving as a neutral professional and the liaison between all parties involved
• Requesting:
◊ A Preliminary title search to determine the status of title to the property
◊ A beneficiary statement of debt or obligations that will be taken over by the buyer
◊ A payoff demand form beneficiaries when the seller is paying off debts
• Complying with the lender’s requirements as specified in their instructions to escrow
• Securing releases of all contingencies or other conditions imposed on the escrow
• Prorating taxes, interest, insurance, and rents
• Preparing escrow instructions
• Receiving:
◊ The purchase funds from the buyer
◊ The loan funds from buyer’s lender
• Closing the escrow pursuant to instructions supplied by the seller, buyer, and lender
• Recording the deed and any other documents
• Disbursing funds as authorized by the instruction, including:
◊ Charges for title insurance
◊ Recording fees
◊ Real estate commissions
◊ Loan Payoffs
• Preparing final statements for all parties involved that account for the disposition of all funds held in the escrow account
Closing Costs Listed below are some typical closing costs that you may incur as part of your transaction. When you apply for a loan, you will receive a “good-faith estimate” of closing costs and settlement charges, along with a booklet that will explain these costs.
Appraisal This is a one-time fee. The appraisal is made b an independent fee appraiser.
Credit Report Fee This is a one-time fee. The appraisal is made by an independent fee appraiser.
Document Preparation Fee There may be a separate fee that covers the preparation of the final legal documents.
Loan Discount A one-time fee used to adjust the yield on the loan to what market conditions demand. It is often called “points.”
Loan Origination Fee The lender’s administrative costs in processing the loan are covered by this fee.
PMI Premium You might be required to pay an upfront fee for mortgage insurance, depending on the amount of your down payment. Lenders may also require monies be placed into a reserve account held by them.
Prepaid Interest Depending on the time of month your loan closes, this per-diem charge may vary from a full month’s interest to that of a few days. If your loan closes at the end of the month, you may pay interest for only a day or so.
Taxes & Hazard Insurance You may be required to reimburse the seller for property taxes, prorated depending on the month in which you close. You will also need to pay a year’s hazard insurance premium up front. Also, you might be required to put a certain amount for taxes and insurance into a special reserve account held by the lender.
Title & Escrow Fees Generally, each party is responsible for cost or fees incurred on their behalf unless otherwise negotiated. Some common exceptions include title policy and escrow fees, city and county transfer fees, and real estate commissions. Please refer to your real estate professional for prevailing customs in the area.
Understanding the Preliminary Title Report The preliminary title report is an offer to issue a policy of title insurance covering a particular estate or interest in land subject to stated exceptions. Since these exceptions may point to potential problems with your intended purchase, it is important for all parties to review the report once it is received. A preliminary title report provides a list of the matters that will be shown as exceptions to coverage in a designated policy or policies of title insurance, if issued currently, covering a particular state or interest in land. It is designated to provide an interim, or “preliminary,� response to an application for title insurance and is intended to facilitate the issuance of the designated policy or policies. It is normally prepared after application (order) for such policy(ies) of title insurance on behalf of the principals to a real property transaction, for the purpose of facilitating requirements relative to closing and policy issuance in form and content approved by those parties. If a title policy is not contemplated, a preliminary title report should not be ordered. Instead, consideration should be given to requesting a condition of title report or other similar title product. The preliminary title report states on its face that it is made solely to facilitate the subsequent issuance of a title insurance policy and that the insurer assumes no liability for errors in the report. Accordingly, any claim arising from a defect in title must be made under the title policy and not the preliminary title report. After a title order has been placed, matters relative to the title policy coverage on the subject property are assembled in a title search package and examined by skilled technicians. This is when the preliminary title report is prepared and sent to the customer. The report contains relevant information so that the parties to the transaction will become aware of matters that will not be insured against by the title company. This report is issued before the title policy, hence the name.
Title Insurance & Why You Need It The deed to your new home is not enough to ensure clear title; it is merely an instrument whereby the seller transfers right of ownership to you. It doesn’t prove that the person described as the seller is actually the clear owner, and it does not eliminate claims or rights that others may have in the property. You cannot determine from the deed what rights, liens, or claims may be outstanding against your title. You should be protected against any undiscovered claims that may arise in the future to threaten your title. A title insurance policy provides this twofold protection in accordance with your instructions and within the parameters of the policy. Although your mortgage lender will most likely have a title insurance policy for your loan with them, it protects only the lender’s interest in the property, not your investment, and it decreases as the mortgage is paid off. You need an owner’s title insurance policy to protect your ownership for the full amount you paid for the property.
How It Works Title insurance conducts a thorough search and evaluation of the public records, looking for situations that may cloud the title to your new home, such as: • Are all taxes and special assessments paid? • Does anyone have special rights to the property that would limit your ownership? • Has the death of a former owner or the filing of a will affected title to the property? • Are there undisclosed heirs or spouses of the seller? • Are there any lawsuits or claims recorded against the property itself, or suits or judgments filed against the seller?
What About Hidden Risks? Claims that cannot be discovered by examination of the public records are called “hidden risks,” and they can arise long after you’ve purchased the property. These are a few of the most common hidden risks that can cause a loss of title or create an encumbrance on title: • False impersonation of the true owner of the property • Forged deeds, releases, or wills • Undisclosed or missing heirs • Instruments executed under invalid or expired power of attorney • Misinterpretations of wills • Deeds by persons of unsound mind • Deeds by minors • Deeds by persons supposedly single, but in fact married • Liens for unpaid taxes • Fraud
Insurance Premiums Unlike most forms of insurance, you would only pay for a title policy once, and this relatively modest charge insures your title for as long as you or your heirs own the property.
How Title is Taken Advantages & Limitations Title to real property in California may be held by individuals, either in sole ownership or in co-ownership. Coownership of real property occurs when title is held by two or more persons. There are several variations as to how title may be held in each type of ownership. The following brief summaries reference eight of the more common examples of sole ownership and co-ownership.
Sole Ownership 1. A Single Man/Woman A man or woman who is not legally married. Example: John Doe, single man. 2. An Unmarried Man/Woman A man or woman, who having been married is legally divorced. Example: John Doe, an unmarried man. 3. A Married Man/Woman, as His/Her Sole and Separate Property When a married man or woman wishes to acquire title in his or her name alone, the spouse must consent, by quitclaim deed or otherwise, to transfer the title, thereby relinquishing all right, title, and interest in the property. Example: John Doe, a married man, as his sole and separate property.
Co-Ownership 4. Community Property The California Civil Code defines community property as acquired by husband and wife, or by either. Real property conveyed to a married man or woman is presumed to be community property, unless otherwise stated. Under community property, both spouses have the right to dispose of one-half of the community property. If a spouse does not exercise his/her right to dispose of one-half to someone other than his/her spouse, then the one-half will go to the surviving spouse without administration. If a spouse exercises his/her right to dispose of one-half, that half is subject to administration in the state. Example: John Doe and Mary Doe, husband and wife, as community property. 5. Joint-Tenancy A joint-tenancy state is defined in the Civil Code as follows: “A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy.� A chief characteristic of joint-tenancy property is the right of survivorship. When a joint tenant dies, title to the property immediately vests in the surviving joint tenant(s). As a consequence, joint-tenancy property is not subject to disposition by will. Example: John Doe and Mary Doe, husband and wife, as joint tenants.
How Title is Taken (continued) 6. Tenancy in Common Under tenancy in common, the co-owners own undivided interests. But unlike in joint tenancy, these interests need not be equal in quantity or duration and may arise at different times. There is no right of survivorship; each tenant owns an interest which, on his or her death, vests in his or her heirs or devisees. Example: John Doe, a single man, as to an undivided three-quarters interest, and George Smith, a single man, as to an undivided one-quarter interest, as tenants in common. 7. Trust Title to real property in California may be held in a title holding trust. The trust holds legal and equitable title to the real estate. The trustee holds title for the trustor/beneficiary who retains all of the management rights and responsibilities. 8. Community Property with Right of Survivorship Community property of a husband and wife, when expressly declared in the transfer document to be community property with the right of survivorship, and which may be accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall upon the death of one of the spouses, pass to the survivor, without administration, subject to the same procedures as property held in joint tenancy.
*The preceding summaries are a few of the more common ways to take title to real property in California and are provided for informational purposes only. For a more comprehensive understanding of the legal and tax consequences, appropriate consultation is recommended. There are significant tax and legal consequences on how you hold title. We strongly suggest contacting an attorney and/or CPA for specific advice on how you should actually vest your title.
How Property Taxes Are Determined Property taxes are governed by California state law and collected by the county. The county assessor must first assess the value of your property to determine the amount of property tax. Generally, the assessed value is the cash or market value at the time of purchase. This value increases not more than 2 percent per year until the property is sold or new construction is completed. The auditor-controller applies the appropriate tax rates, which include the general tax levy, locally voted special taxes, and any city or district direct assessments. The tax collector prepares property tax bills based on the auditor controller’s calculations, distributes the bills, and collects the taxes.
Can You Disagree with the Amount? You may apply to the county assessor to see if the office will change the valuation on your home. Additionally, appeals boards have been established for the purpose of resolving valuation problems. Appeals on regular assessments may be filed between July 2 and September 15. Appeals on corrected assessments, escaped assessments (assessments that did not take place when they should have), or supplemental assessments must be filed no later than 60 days from the mailing date of the corrected, escaped, or supplemental tax bill.
File an Appeal but Remember to Pay the Tax If you choose to appeal, still pay your tax installments in full by the appropriate deadlines or you may incur penalties. If your appeal is granted, a refund will be issued to you.
Did you Recently Purchase Property Although escrow prorates taxes and gives appropriate credit between buyer and seller, the actual taxes may not have been paid, and you are responsible for any unpaid taxes at the close of escrow. Read your escrow papers and/or title report to determine if any portion of the annual taxes were paid by the previous owner before the close of escrow. The tax collector will not send a bill for the remainder of the year in which you acquired the property unless requested. If any taxes remain unpaid, call the tax collector and request a bill. When you call, give the assessor’s identification number. For more detailed information go to: www.acgov.org/propertytax/
Real Property Tax Dates & Important Tax Information March 1 Assessment date. Taxes become a lien at 12:01 a.m. Not yet due and payable for the fiscal tax year starting July 1. Thereafter title evidence must show taxes as a lien for the coming fiscal tax year.
April 15 Last day to file for 100 percent veteran’s or homeowner’s exemption. To be eligible for applicable exemptions you must own and occupy property on March 1.
July 1 Current fiscal tax year begins.
November First installment due. (First installment is July 1 to December 31).
December 1 Last day to file for 80% veteran’s or homeowner’s exemption.
December 10 First installment becomes delinquent at 5 p.m. 10%penalty added to taxes due. If December 10 falls on a weekend or holiday, taxes are not delinquent until 5 p.m. the next business day.
January 1 Calendar year begins
February 1 Second installment due. (Second installment - January 1 to June 30)
April 10 Second installment becomes delinquent at 5 p.m. 10% penalty plus $10 administrative charge attaches. If April 10 falls on a weekend or holiday, taxes are not delinquent until 5 p.m. the next business day.
June 30 Property tax may become defaulted. If you fail to pay either or both installments by 5 p.m., property tax becomes defaulted and additional costs and penalties accrue. If June 30 falls on a weekend or holiday, taxes must be paid by 5 p.m. the preceding business day.
Reminder Property may be sold at public auction after five years of delinquency.
Understanding Supplemental Property Taxes Supplemental Real Property Tax Law Enactment On July 1, 1983, California state law was changed to require the reassessment of property following a change of ownership or the completion of new construction.
How Supplemental Taxes Affect Homeowners Supplemental property taxes affect only individuals who are buying property or initiating new construction. After the purchase(s) or new construction is complete, the new owner will receive a bill for supplemental property taxes, which will become a lien against the property as of the date of ownership changes or upon the date of completion.
When & How the Bills Are Generated It’s not easy to predict when the new property owner will be billed. It may be as soon as three weeks after escrow closes or the new construction is complete. It also might take six months or more, depending on what county the property is located in and the workloads of the county assessor, county controller/auditor, and the county tax collector. The assessor will appraise the property and advise the owner of the supplemental assessment amount. The property owner will then have the opportunity to discuss the valuation, apply for a homeowner’s exemption, and be informed of their right to file an assessment appeal. The assessor then calculates the amount of the supplemental tax bill to the property owner. The bill will identify the amount of the supplemental tax and the date the taxes will become due and delinquent.
How the Amount of the Bill Determined A formula is used to determine the tax bill. The total supplemental assessment will be prorated based on the number of months remaining until June 30, the end of the tax year. The proration factor works like this: The supplemental tax becomes effective on the first day of the month following the month in which the change of ownership or completion of new construction actually occurred. If the effective date is July 1, then there will be no supplemental assessment of the current tax roll and the entire supplemental assessment will be made to the tax roll being prepared. If the effective date is not July 1, the factors represent assessment on the current tax roll. Example: The county auditor finds that the supplemental property taxes would be $1,000 for a full year. The change of ownership took place on September 15 with the effective date October 1. The supplemental property taxes would be subject to a proration factor of .75 and the supplemental tax would be $750.
Understanding Supplemental Property Taxes (continued) Supplemental Tax Bill May Be Paid in Installments All supplemental taxes are payable in two equal installments. The taxes are due on the date the bill is mailed and are delinquent on specified dates depending on the month the bill is mailed as follows: 1. If the bill is mailed within the months of July through October, the first installment will become delinquent on December 10 of the same year. The second installment will become delinquent on April 10 of the next year. 2. If the bill is mailed within the months of November through June, the first installment will become delinquent on the last day of the month following the month in which the bill is mailed. The second installment shall become delinquent on the last day of the fourth quarter calendar month following the date the first installment is delinquent.
Supplemental Property Taxes Prorated in Escrow Not usually. Unlike ordinary annual taxes, the supplemental tax is a one-time tax due for the period from the date of new ownership or completion of the new construction until the end of the tax year on June 30. The obligation for this is entirely that of the property owner.
The Case of Mello-Roos Mello-Roos refers to “special� tax districts. Sen. Henry J. Mello and former Assemblyman Michael Roos won passage of Mello-Roos Community Facilities Act in 1982. This legislation authorized Mello-Roos Community Facilities Districts as a way to assist cities, counties, and school districts to provide new infrastructure and facilities after governmental funds were cut by the passage of Proposition 13 in 1978. Before Proposition 13, state and local governments used income collected through property taxes to build new roads, schools, and other necessary community facilities. In order to continue building residential areas, these same governments were forced to require builders of new communities to pay for these public facilities. Consequently, these funds were added to the cost of homes. These price increases hurt new homebuyers, as fewer people were able to afford higher-priced homes. Those who could had to wait for the public facilities to be built. Under Mello-Roos Community Facilities Act, landowners put up their land as collateral so that public agencies, like school districts, could raise money to pay for vital basic facilities. The public agency forms a Mello-Roos Community District that sells bonds to fund the construction of these new public facilities. A bond allows for payment over a specific amount of time through special taxes levied on property owners in that particular district. Mello-Roos taxes are paid to the county tax collector as part of the normal property tax system. Not all new home communities are affected by Mello-Roos special taxes. For example, sometimes a new neighborhood is built within existing communities. Because public facilities are already in place, they are not subject to Mello-Roos taxes.
Home Warranties Home warranties offer advantages to both the buyer and seller. This policy protects the buyer by paying for certain repairs and costs of major mechanical systems and major appliances in the home such as heating and air conditioning. There are a variety of plans available. Your professional can obtain information on the options, costs, and providers in your specific area.
Benefits of Home Warranty Coverage to the Seller
• Your home may sell faster and at a higher price • Optional coverage during the listing period • Protection from legal disputes that occur after the sale increases the marketability of your home
Benefits of Home Warranty Coverage to the Buyer
• Warranty coverage for your major systems and built-in appliances • Protects your cash flow • Puts a complete network of qualified service technicians at your service • Low deductible
Moving Countdown Planning and preparing down to the last few details will make your move easier. The following schedule will help keep you on track.
8 Weeks Before the Move o If you are using a professional mover, get estimates from different moving companies & choose the one that best suits your needs. If you are moving yourself, get estimates from the truck-rental companies and be sure to reserve a truck in advance o Draw a floor plan of your new house; this will help you decide what furniture stays & what will go o Use up things that can’t be moved such as food in your freezer & flammable household aerosol cleaning products
6 Weeks before the Move o Discuss costs, insurance, packing, loading, delivery, & claims procedure with your mover o Inventory all your possessions; determine what can be sold & what can be donated to charity for a tax deduction o Get copies of your records from doctors, dentists, lawyers, accountants, veterinarians, and other professional service providers o Make arrangements to transfer your children’s school records o Find out from your accountant or the Internal Revenue Service (IRS) about tax Deductible moving expenses; make sure to keep accurate records
4 Weeks Before Move o If you have contracted to have the mover do all the packing for you, arrange to have this task completed a day or two before loading the truck o If necessary, arrange for storage o Clean or repair furniture, curtains, or carpets that require it o Hold a garage sale, use the extra cash to splurge a little on your new place o If you are moving yourself, figure out how many boxes you’ll need, many truck rental companies will provide this service
3 Weeks Before the Move o
Assemble packing materials: • Furniture pads your old home & activate at new home • Hand truck/Dolly • Packing tape • Bubble wrap • Crumpled newspaper • Scissors • Large self-stick labels in order, as necessary • Felt-tip markers • Boxes & more boxes
o Arrange to cancel utilities and services at your old home and activate at new home o Make travel and hotel reservations o Pack items you don’t need (remember to not pack too much weight in unreinforced boxes) o Get car, license, registration and insurance in order, as necessary
Moving Countdown (continued) 2 Weeks Before Move o Cancel any direct deposit or automatic payments arrangements on bank accounts that you are closing o Cancel delivery services o Arrange to transfer all your back accounts to new branch locations o Make any special arrangements to move pets, such as purchasing airline reservations and traveling containers. Consult your veterinarian about how to make moving easier o Have your car checked and serviced for the trip. Make sure tires are in good shape and all fluids are at adequate levels
1 Week Before the Move
o Transfer all medical prescriptions to a pharmacy in your new location o If you will need a babysitter, arrange for moving-day service
2-3 Days Before the Move
o Defrost your refrigerator and freezer o Have the movers pack your shipment o Arrange to have cash, certified check, money order or credit card ready to pay driver o Set aside valuables and legal documents to go with you, not on the moving van o Pack clothes & toiletries to go with you; take a day or two of extra clothes in case of delay o Pack your first-day handy-items box (see below) to go with you
Moving Day o List every item and box loaded onto the truck (movers will supply a list too) o Let movers know where you can be reached o Before you sign, read the bill of loading (and keep if a safe place until your goods are delivered, charges are paid & any claims are settled) o Check your old house to make sure you’ve turned off appliances and the water o Be on hand to answer questions and give directions to movers o Do-it-yourself movers should pick up the truck early
Delivery Day
o Assemble first-day handy items: PScissors, utility knife PMasking tape, coffee cups, paper plates PPencils & paper PBath towels PTrash bags PToiletries, toilet paper o Check off all items as they come off the truck o Install new locks o Make sure the utilities are hooked up o Unpack children’s & pets’ toys
Tax-Deductible Moving Expenses When you meet the Internal Revenue Service’s definition of a qualifying move, the following items are considered tax deductible: • The cost of trips to look for a home in the area of a new job. Your home shopping expedition does not have to be successful for the cost to be deductible • The cost of having your furniture and other household items shipped, including the cost of packaging, insurance, and storage for up to 30 days • The cost of getting your family to the new hometown, including food and lodging expenses on the trip • The cost of lodging and 80 percent of food expenses for up to 30 days in the new hometown, if these temporary living expenses are necessary due to the fact that you have not yet found your ideal home or it is not ready when you arrive •
Certain costs associated with the sale of your former home and purchase of the new one. These expenses, including real estate commissions, legal fees, city and/or county transfer taxes, and appraisal and title fees, could be used either to reduce the gain on the sale of the previous home or to boost the basis of the new one. However, it’s usually beneficial to count them as moving expenses up to the allowable dollar limits, which gives you an immediate tax benefit
Your tax specialist can answer any further questions and offer more detail.
Business Policies The purchase and sale of a home is likely one of the most significant financial and emotional decisions of your life. We need to make sure that we have the best possible communication to ensure the best possible results. Below are my policies to help make that happen. • Before we start to work together, we need all parties who will be/are on the title to sit down together. •
All of my buyers and sellers sign a six month representation agreement. This agreement authorizes me to represent you and negotiate on your behalf. If either of us decides at any time that the relationship is failing to produce the desired results, we will discuss and try and fix it. If necessary, either party may terminate the agreement after verbal and written notification.
• Once we agree to work together, we will set – up a scheduled weekly face to face meeting. • Communication should whenever possible, be in person, face time/skype or 3-way call. Eyeball to eyeball is always best. • I return phone calls several times throughout the day. If it is an emergency and you need to hear from immediately, please let me know. You can always try and reach my assistant as well. • Emails/Texts should be used only for coordination of appointments or minor details and again everyone should be included. • Everyone who is on title should be included or copied in the communications. • Everything we discuss will be deemed confidential before, during and after your close escrow (see confidentiality agreement). • I represent only 1 party in a transaction – YOU!
I have read and understand this agreement _____________________________________
___________________________________
Client Signature
Client Signature
CALIFORNIA ASSOCIATION OFREALTORS ®
RESIDENTIAL LISTING AGREEMENT (Exclusive Authorization and Right to Sell) (C.A.R. Form RLA, Revised 12/15)
Date Prepared:�---1. EXCLUSIVE RIGHT TO SELL: ___________________________ {"Seller") ("Broker") The Grubb Co. hereby employs and grants beginning {date) and ending at 11:59 P.M. on {date) _________ _ {"Listing Period") the exclusive and irrevocable right to sell or exchange the real property described as _ ______________ ------------------------' situated in _______________ (City), {Zip Code), Assessor's Parcel No. ("Property"). .-,--------- --(County), California, This Property is a manufactured (mobile) home. See addendum for additional terms. This Property is being sold as part of a probate, conservatorship or guardianship. See addendum for additional terms. 2. LISTING PRICE AND TERMS: A. The listing price shall be: -----------------------------------_____________________________Dollars ($ ___________ ). B. Listing Terms:
3. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Seller and Broker (real estate commissions include all compensation and fees to Broker). percent A. Seller agrees to pay to Broker as compensation for services irrespective of agency relationship(s), either of the listing price (or if a purchase agreement is entered into, of the purchase price), or $ - ----------AND , as follows: (1) If during the Listing Period, or any extension, Broker, cooperating broker, Seller or any other person procures a ready, willing, and able buyer{s) whose offer to purchase the Property on any price and terms is accepted by Seller, provided the Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether any escrow resulting from such offer closes during or after the expiration of the Listing Period, or any extension.) calendar days (a) after the end of the Listing Period or any extension; or (b) after any cancellation of this OR (2) If within Agreement, unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the Property to anyone {"Prospective Buyer") or that person's related entity: (i) who physically entered and was shown the Property during the Listing Period or any extension by Broker or a cooperating broker; or (ii) for whom Broker or any cooperating broker submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the Property. Seller, however, shall have no obligation to Broker under paragraph 3A(2) unless, not later than the end of the Listing Period or any extension or cancellation, Broker has given Seller a written notice of the names of such Prospective Buyers. OR (3) If, without Broker's prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension. B. If completion of the sale is prevented by a party to the transaction other than Seller, then compensation which otherwise would have been earned under paragraph 3A shall be payable only if and when Seller collects damages by suit, arbitration, settlement or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection, if any. C. In addition, Seller agrees to pay Broker:-----------------------------D. Seller has been advised of Broker's policy regarding cooperation with, and the amount of compensation offered to, other brokers. (1) Broker is authorized to cooperate with and compensate brokers participating throu. 9!1 the multiple listing service(s) ("MLS") percent of the by offering to MLS brokers out of Broker's compensation specified in 3A, either LJ purchase price, or $ (2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy. E. Seller hereby irrevocably assigns to Broker the above compensation from Seller's funds and proceeds in escrow. Broker may submit this Agreement, as instructions to compensate Broker pursuant to paragraph 3A, to any escrow regarding the Property involving Seller and a buyer, Prospective Buyer or other transferee. F. (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property, unless specified as follows: -------------------------------- (2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred to any of the following individuals or entities: --------------------
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(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: {i) Broker is not entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Seller in such transaction. 4. A. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that are attached to the Property are included, and personal property items are excluded, from the purchase price. ADDITIONAL ITEMS EXCLUDED: ADDITIONAL ITEMS INCLUDED: --------------------------Seller's Initials ( ____ ) ( ______,
© 2015, California Association of REALTORS®, Inc. RLA REVISED 12/15 (PAGE 1 OF 5) RESIDENTIAL LISTING AGREEMENT· EXCLUSIVE RLA PAGE 1 OF 5 The Grubb Co'? 1960 Mountain Blvd. Oakland, CA 94611
Jane Strauch
Phone: Sl0.388.6841
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Fax; 510.291.2978
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Property Address: .c.c
-----------------------------Date: ______ Seller
intends that the above items be excluded or included in offering the Property for sale, but understands that: (i) the purchase agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included in the sale; and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the purchase agreement. B. (1) Leased Items: The following items are leased: DPropane tank DWater Softener Solar power system DAlarm system 8 Other _______________________________________ (2) Liened Items: The following items have been financed and a lien has been placed on the Property to secure payment: Solar power system DWindows or doors D HeatingNentilation/Air conditioning system 8 Other Seller will provide to Buyer, as part of the sales agreement, copies of lease documents, or other documents obligating Seller to pay for any such leased or liened item. 5. MULTIPLE LISTING SERVICE: A. Broker is a participant/subscriber to EBRD Multiple Listing Service (MLS) and possibly others. Unless otherwise instructed in writing the Property will be listed with the MLS(s) specified above. That MLS is (or if checked Dis not) the primary MLS for the geographic area of the Property. All terms of the transaction, including sales price and financing, if applicable, (i) will be provided to the MLS in which the property is listed for publication, dissemination and use by persons and entities on terms approved by the MLS and (ii) may be provided to the MLS even if the Property was not listed with the MLS.
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BENEFITS OF USING THE MLS; IMPACT OF OPTING OUT OF THE MLS; PRESENTING ALL OFFERS
WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price, terms and conditions under which the Seller's property is offered for sale (including but not limited to the listing broker's offer of compensation to other brokers). It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the MLS. The MLS may further transmit listing information to Internet sites that post property listings online.
EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and brokers (and their potential buyer clients) who are participants or subscribers to the MLS or a reciprocating MLS. CLOSED/PRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS. The MLS referred to above is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or closed listing clubs or groups of licensees may have been formed outside the MLS. Private or closed listing clubs or groups are accessible to a more limited number of licensees and generally offer less exposure for listed property. Whether listing property through a closed, private network - and excluding it from the MLS - is advantageous or disadvantageous to a seller, and why, should be discussed with the agent taking the Seller's listing.
NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is listed in an MLS which does not cover the geographic area where the Property is located then real estate agents and brokers working that territory, and Buyers they represent looking for property in the neighborhood, may not be aware the Property is for sale.
OPTING OUT OF MLS: If Seller elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to that MLS may not be aware that Seller's Property is offered for sale; (b) Information about Seller's Property will not be transmitted from the MLS to various real estate Internet sites that are used by the public to search for property listings; (c) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which Seller is marketing the Property.
REDUCTION IN EXPOSURE: Any reduction in exposure of the Property may lower the number of offers and negatively impact the sales price.
PRESENTING ALL OFFERS: Seller understands that Broker must present all offers received for Seller's Property unless Seller gives Broker written instructions to the contrary. Seller's Initials ( ____ ){ ____
Broker's/agent's Initials ( ____ ){ ____
B. MLS rules generally provide that residential real property and vacant lot listings be submitted to the MLS within 2 days or some other period of time after all necessary signatures have been obtained on the listing agreement. Broker will not have to submit this listing to the MLS if, within that time, Broker submits to the MLS an appropriate form signed by Seller. D Seller elects to exclude the Property from the MLS as provided by C.A.R. Form SELM or the local equivalent form. Seller's Initials ( ____ ) ( _____,
RLA REVISED 12/15 (PAGE 2 OF 5) RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 2 OF 5) Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLqgjx.com
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Property Address: c..c�_____________________________ Date: ______ C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. Seifer acknowledges that for any of the below opt-out instructions to be effective, Seifer must make them on a separate instruction to Broker signed by Seifer. Specific information that can be excluded from the Internet as permitted by (or in accordance with) the MLS is as follows: (1) Property Availability: Seller can instruct Broker to have the MLS not display the Property on the Internet. (2) Property Address: Setler can instruct Broker to have the MLS not display the Property address on the Internet. Seifer understands that the above opt-outs would mean consumers searching for listings on the Internet may not see the Property or Property's address in response to their search. (3) Feature Opt-Outs: Seifer can instruct Broker to advise the MLS that Seifer does not want visitors to MLS Participant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seifer understands (i) that these opt-outs apply only to Websites or Electronic Displays of MLS Participants and Subscribers who are real estate broker and agent members of the MLS; (ii) that other Internet sites may or may not have the features set forth herein; and (iii) that neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. (a) Comments And Reviews: The ability to write comments or reviews about the Property on those sites; or the ability to link to another site containing such comments or reviews if the link is in immediate conjunction with the Property display. (b) Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such an Seller elects to opt out of certain Internet estimate of value if the link is in immediate conjunction with the Property display. features as provided by C.A.R. Form SELi or the local equivalent form. 6. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified in writing, Seller is unaware of: (i) any Notice of Default recorded against the Property; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof.
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7. BROKER'S AND SELLER'S DUTIES:
A. Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives Broker written instructions to the contrary, Broker is authorized, but not required, to (i) order reports and disclosures including those specified in 7C as necessary, (ii) advertise and market the Property by any method and in any medium selected by Broker, including MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the information submitted to any medium; and (iii) disclose to any real estate licensee making an inquiry the receipt of any offers on the Property and the offering price of such offers. B. Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Property by, among other things, making the Property available for showing at reasonable times and, subject to paragraph 3F, referring to Broker all inquiries of any party interested in the Property. Seller is responsible for determining at what price to list and sell the Property. C. Investigations and Reports: Seller agrees, within 5 (or_) Days of the beginning date of this Agreement, to pay for the following Homeowners Association Documents Structural Pest Control General Property Inspection £!:e-sale reports: LJOther D. Seller further agrees to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments attorney fees and costs arising from any incorrect or incomplete information supplied by Seller, or from any material facts that Seller knows but fails to disclose. 8. DEPOSIT: Broker is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price.
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A. Disclosure: The Seifer acknowledges receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 3F. C. Possible Dual Agency With Buyer: Depending upon the circumstances, it may be necessary or appropriate for Broker to act as an agent for both Seller and buyer, exchange party, or one or more additional parties ("Buyer"). Broker shall, as soon as practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured directly by Broker or an associate-licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller and Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties for services rendered, provided there is disclosure to all parties of such agency and compensation. Seller understands and agrees that: (i) Broker, without the prior written consent of Seller, will not disclose to Buyer that Seller is willing to sell the Property at a price less than the listing price; (ii) Broker, without the prior written consent of Buyer, will not disclose to Seller that Buyer is willing to pay a price greater than the offered price; and (iii) except for (i) and (ii) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Confirmation: If the Property includes residential property with one-to-four dwelling units, Broker shall confirm the agency relationship described above, or as modified, in writing, prior to or concurrent with Seller's execution of a purchase agreement. E. Potentially Competing Sellers and Buyers: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Seller's Property. Seifer consents to Broker's representation of sellers and buyers of other properties before, during and after the end of this Agreement. Seifer acknowledges receipt of a "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS).
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RLA REVISED 12/15 (PAGE 3 OF 5) RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 3 OF 5) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026
www.zipLogix.com
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Property Address: -=-= ----------------------------- Date: ______ 10. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether attributable to use of a keysafe/lockbox, a showing of the Property, or otherwise. Third parties, including, but not limited to, appraisers, inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of, the interior of the Property. Seller agrees: {i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property; and (ii) to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller. 11. PHOTOGRAPHS AND INTERNET ADVERTISING: A. In order to effectively market the Property for sale it is often necessary to provide photographs, virtual tours and other media to checked, does not agree) that Broker may photograph or otherwise electronically capture images of buyers. Seller agrees (or the exterior and interior of the Property {"Images") for static and/or virtual tours of the Property by buyers and others for use on Broker's website, the MLS, and other marketing materials and sites. Seller acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Seller further assigns any rights in all Images to the Broker and agrees that such Images are the property of Broker and that Broker may use such Images for advertising, including post sale and for Broker's business in the future. 8. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of Seller instructs Broker to publish ih the MLS that taking of Images is limited to Images by any such persons. (If checked ) those persons preparing Appraisal or Inspection reports. Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise, neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images. 12. KEYSAFE/LOCKBOX: A keysafe/lockbox is designed to hold a key to the Property to permit access to the Property by Broker, cooperating brokers, MLS participants, their authorized licensees and representatives, authorized inspectors, and accompanied prospective buyers. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS® are not insurers against injury, theft, loss, vandalism or damage attributed to the use of a keysafe/lockbox. Seller does {or if checked does not) authorize Broker to install a keysafe/lockbox. If Seller does not occupy the Property, Seller shall be responsible for obtaining occupant{s)' written permission for use of a keysafe/lockbox {C.A.R. Form KLA). 13. SIGN: Seller does {or if checked does not) authorize Broker to install a FOR SALE/SOLD sign on the Property. 14. EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state and local anti-discrimination laws. 15. ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation under this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Seller or Broker, except as provided in paragraph 19A. 16. ADDITIONAL TERMS: REO Advisory Listing (CAR. Form REOL) Short Sale Information and Advisory (CAR. Form SSIA) Trust Advisory (C.A.R. Form TAL)
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17. MANAGEMENT APPROVAL: If an associate-licensee in Broker's office (salesperson or broker-associate) enters into this Agreement on Broker's behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this Agreement, in writing, within 5 Days After its execution. 18. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon Seller and Seller's successors and assigns. 19. DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay compensation under this Agreement, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreeme nt are spe cified in paragraph 19C. B. ARBITRATION OF DISPUTES: Seller and Broker agre e that any dispute or claim in Law or equity arising between them re garding the obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by ne utral, binding arbitration. The arbitrator shall be a re tired judge or justice, or an attorne y with at least 5 years of re sidential real estate Law experience, unle ss the parties mutually agree to a diffe rent arbitrator. The partie s shall have the right to discovery in accordance with Code of Civil Proce dure §1283.05. In all othe r re spects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforce ment o f this agreement to arbitrate shall be go verne d by the Fe deral Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 19C. Seller's Initials ( ____ ) ( ____..., RLA REVISED 12/15 (PAGE 4 OF 5) RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 4 OF 5) Produced with zipForm® by zlplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzjplogjx com
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CALIFORNIA ASSOCIATION OFREALTORS ®
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (C.A.R. Form RPA-CA, Revised 12/15)
Date Prepared:------1. OFFER: A. THIS IS AN OFFER FROM __________________________ ____ ("Buyer"). B. THE REAL PROPERTY to be acquired is , situated in
_________ (City), ______ (County), California, ____ (Zip Code), Assessor's Parcel No . ______ .
THE PURCHASE PRICE offered is -------------------------------C. ("Property''). ���=-=c--=c=-=-:-:-c---=---.....,..-,------------------- Dollars $ ----=----:--=--:-----:-Days After Acceptance). (date)(orO E. Buyer and Seller are referred to herein as the "Parties." Brokers are not Parties to this Agreement.
D. CLOSE OF ESCROW shall occur on LJ
2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a [Kl "Disclosure
Regarding Real Estate Agency Relationships" (C.A.R.Form AD). B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: (Print Firm Name) is the agent of (check one): Listing Agent The Grubb Co. 0 the Seller exclusively; or both the Buyer and Seller. Selling Agent (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): the Buyer exclusively; or the Seller exclusively; or LJ both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a [Kl "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R.Form P RBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of ............................................. $ ________ (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, 0 cashier's check, 0 personal check, 0 other within 3 business days after Acceptance (or ); OR (2) 0 Buyer Deposit with Agent: Buyer has given the deposit by personal check (or _________ to the agent submitting the offer (or to ), made payable to ------------ .The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT:Buyer shall deposit with Escrow Holder an increased deposit in the amount of .... .. ... $ ------- within Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan.Written verification of sufficient funds to close this transaction IS ATIACHED to this offer or ) Days After Acceptance, Deliver to Seller such verification. 0Buyer shall, within 3 (or
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D. LOAN(S): (1) FIRST LOAN: in the amount of ..........................................................
$ ________ This loan will be conventional financing or QFH A, OVA, 0Seller financing (C.A.R. Form SF A), . This loan shall be at a fixed 0 assumed financing (C.A.R.Form AF A), 0 Other rate not to exceed %. % or, 0 an adjustable rate loan with initial rate not to exceed % of the loan amount. Regardless of the type of loan, Buyer shall pay points not to exceed (2) SECOND LOAN in the amount of .......................... ....... ........... .. ......... $ ------ This loan will be conventional financing or OSeller financing (C.A.R. Form SF A), 0 assumed financing (C.A.R.Form AF A), 0 Other .This loan shall be at a fixed rate not to exceed % or, Dan adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHANA: For any FH A or VA loan specified in 30(1), Buyer has 17 (or ___ ) Days After Acceptance to Deliver to Seller written notice (C.A.R. Form FVA) of any lender-required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender requirements unless agreed in writing. A FH ANA amendatory clause (C.A.R. Form FVAC) shall be a part of this Agreement. E. ADDITIONAL FINANCING TERMS: ----------------------
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F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ........................... $ ------to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
G. PURCHASE PRICE (TOTAL): ... ....... . . .......... . ......... ....... . . .. . ....... ........... $ _______
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Buyer's Initials ( Seller's Initials ( ____ ) ( ____ )( © 1991-2015, California Association of REALTORS®, Inc. RPA-CA REVISED 12/15 (PAGE 1 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT RPA-CA PAGE 1 OF 10 The Grubb Co., 1960 Mountain Blvd. Oakland, CA 94611 Phone: 510.388.6841 Jane Strauch Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com
Fax: 510.291.2978
EQUAL MOUSING OPPORTUNITY
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Property Address: Date:---------8. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) D Buyer DSeller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow ("COE"), Seller shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless Seller is exempt. (2) (i) DBuyer D Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if required as a condition of closing escrow under any Law. (ii) DBuyer DSeller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. C. ESCROW AND TITLE: (1) (a) DBuyerD Seller shall pay escrow fee _________________________ (b) Escrow Holder shall be -c-c---=---�-------------------------- (c) The Parties shall, within 5 (or_ ) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) Buyer O Seller shall pay for owner's title insurance policy specified in paragraph 13E ----------(b) Owner's title policy to be issued by _____________________________ (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: Buyer Seller shall pay County transfer tax or fee (1) (2) § Buyer § Seller shall pay City transfer tax or fee------------------------(3) Buyer Seller shall pay Homeowners' Association ("HOA") transfer fee-------------------(4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code §4525. (5) D Buyer DSeller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (6) Buyer to Y for any HOA certification fee. (7) Buyer Seller shall pay for any private transfer fee pay for--------- ----------- ---------(8) � Buyer � Seller shall Buyer Seller shall pay for---------------------------�-(9) (10) Buyer Seller shall pay for the cost, not to exceed $ , of a standard (or upgraded) , with the one-year home warranty plan, issued by Pool/Spa Other: ----------,------------- following optional coverages: DAir Conditioner Buyer is informed that home warranty plans have many optional coverages in addition to those listed above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer. ORO Buyer waives the purchase of a home warranty plan. Nothing in this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement. 8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B or C. B. ITEMS INCLUDED IN SALE: Except as otherwise specified or disclosed, (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security ; Dall refrigerator(s) systems/alarms and the following if checked: Dall stove(s), except ; Dan washer(s> and dryer(s). except ____________ except (3) The following additional items:_______________________________ (4) Existing integrated phone and home automation systems, including necessary components such as intranet and Internet connected hardware or devices, control units (other than non-dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are ( 0 are NOT) included in the sale. (5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 148 and C. (6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 88(5) and __ -------------------, and (ii) are transferred without Seller warranty regardless of value. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: (i) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured to the Property for earthquake purposes; and (iii) ____________________________
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RPA-CA REVISED 12/15 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA·CA PAGE 3 OF 10) Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwziplogix com
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EQUAL HOUSING CPPCRTIJNITV
Property Address:
Date: __________
9. CLOSING AND POSSESSION:
D does not intend) to occupy the Property as Buyer's primary residence. Of Escrow; (ii) D no later than - calendar days after Close Of Escrow; or (iii) D at __ o AM/ LJ PM on
A. Buyer intends (or
B. Seller-occupied or vacant property: Possession shall be delivered to Buyer: (i) at 6 PM or L_OAM/0 PM) on the date of Close
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C. Seller remaining in possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (i) the
Parties are advised to sign a separate occupancy agreement such as O C.A.R. Form SIP, for Seller continued occupancy of less than 30 days, D C.A.R. Form RLAS for Seller continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan. D. Tenant-occupied property: Property shall be vacant at least 5 (or ) Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be in breach of this Agreement.
ORO Tenant to remain in possession (C.A.R. Form TIP). E. At Close Of Escrow: Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and Internet-connected devices included in the purchase price, and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities.
10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, Deliver to Buyer: (i) if required by Law, a fully completed: Federal Lead足 Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ("Lead Disclosures"); and (ii) unless exempt, fully completed disclosures or
B.
C. D.
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notices required by sections 1102 et. seq. and 1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Listing Agent, if any, has completed and signed the Listing Broker section(s), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (ii) complete any sections on all disclosures required to be completed by Buyer's Broker. (3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. (4) Within the time specified in paragraph 14A, (i) Seller, unless exempt from the obligation to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (C.A.R. Form SPQ); (ii) if Seller is not required to provide a TDS, Seller shall complete and provide Buyer with an Exempt Seller Disclosure (C.A.R. Form ESD). (5) Buyer shall, within the time specified in paragraph 148(1), return Signed Copies of the Statutory, Lead and other disclosures to Seller. (6) In the event Seller or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet, and home energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or OS). MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site.
F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or ) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a
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planned development or other common interest subdivision (C.A.R. Form SPQ or ESD).
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RPA-CA REVISED 12/15 (PAGE 4 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 10) Produced with zipForm速 by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
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Date: Property Address: E. Buyer shall receive a CLTA/ALTA "Homeowner's Policy of Title Insurance", if applicable to the type of property an_ d_ b_ u_ ye_ r.lf_ n _ ot_ .Escr_ow_ _ H_o_ld_e_r shall notify Buyer. A title company can provide information about the availability, coverage, and cost of other title policies and endorsements.If the Homeowners Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing and shall pay any increase in cost 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or _ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 88(4), 10A, B, C, and F, 11A and 13A. If, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement. B. (1) BUYER HAS: 17 (or _) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 88(5), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 1OA. (2) Within the time specified in paragraph 148(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR).Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3) By the end of the time specified in paragraph 148(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 14A, then Buyer has 5 (or ) Days After Delivery of any such items, or the time specified in paragraph 148(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 148(1) and before Seller cancels, if at all, pursuant to paragraph 14D, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 140(1). (5) Access to Property: Buyer shall have access to the Property to conduct inspections and investigations for 17 (or ___) Days After Acceptance, whether or not any part of the Buyer's Investigation Contingency has been waived or removed. C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal form (C.A.R. Form CR). If Buyer removes any contingency without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Broker. D. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (i) Deposit funds as required by paragraph 3A, or 38 or if the funds deposited pursuant to paragraph 3A or 38 are not good when deposited; (ii) Deliver a notice of FHA or VA costs or terms as required by paragraph 30(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 3C or 3H; (v) In writing assume or accept leases or liens specified in 8B5; (vi) Return Statutory and Lead Disclosures as required by paragraph 1OA(5); or (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 38 and 21B; or (viii) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. E. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 (or ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action.A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14. F. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. G. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (i) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or __ ) Days After Delivery to close escrow.A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R. Form BORD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3).
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CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 10) Produced with zipFormÂŽ by ziplogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 www.zjplogix.com
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EQUAL HOUSING OPPORTlJNITY
Date: -�����-��Propert y Address: 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or Q _) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 11; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Fonn VP). 16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see CAR. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 18. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: 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 inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) 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 determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience req uired to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 19. REPRESENTATIVE CAPACITY: If one or more Parties is signing this Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 48, 5A, 6, 7, 10C, 13, 14G, 17, 18A, 19, 20, 26, 29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or _) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law.
) )( Seller's Initials ( Buyer's Initials ( ) ( ___ _ RPA-CA REVISED 12/15 (PAGE 7 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 10) Produced with zipForm® by ziplogix 18070 Fifteen Mile Road, Fraser. Michigan 48026
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EQUAL HOUSING OPPORT\JN!TY
Date: ---------Property Address: C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 21. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Except as provided in paragraph 14G, release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM RID). Buyer's Initials Seller's Initials ___ I 22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 22C. B. ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials ___ Seller's Initials --C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. Buyer's Initials ( Seller's Initials ( )( ) ( ____ RPA-CA REVISED 12/15 (PAGE 8 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 10) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziplogix.com
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(2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: {i) the filing of a court action to preserve a statute of limitations; {ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or {iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker{s) participating in mediation or arbitration shall not be deemed a party to this Agreement. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"),
whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICE {"MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 25. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 22A. 26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller. (C.A.R. Form AOAA). 27. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.
28. TERMS AND CONDITIONS OF OFFER:
This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 29. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the Laws of the State of California. Neither this Agreement nor any provision in
it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 30. DEFINITIONS: As used in this Agreement:
A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally
received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer.
B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement C. D. E. F.
between the Parties. Addenda are incorporated only when Signed by all Parties.
"C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. "Close Of Escrow", including "COE", means the date the grant deed, or other evidence of transfer of title, is recorded. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement
(including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day.
G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date
on which the specified event occurs, and ending at 11 :59 PM on the final day.
H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar
date on which the specified event is scheduled to occur. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 10, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 31. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by - -----� --------� -�AM/ PM·, who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by (date)). on One or more Buyers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-B) for additional terms. I.
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Date _______ BUYER ______________________________________
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D Additional Signature Addendum attached (C.A.R. Form ASA).
Seller's Initials ( ____ ) ( ____
RPA-CA REVISED 12/15 (PAGE 9 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 9 OF 10) Produced with zipForm® by ziplogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 www.zjpLogix.com
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CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (C.A.RForm CND, 11/12)
This CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT ("Confidentiality Agreement") is given in connection with or in contemplation of that certain: Residential Purchase Agreement, Other --------------------("Proposed Agreement"), _________________________ dated regarding property described as , the ("Property") in which is referred to as ("Buyer/Tenant") and is referred to as ("Seller/Landlord"). 1. CONFIDENTIALITY: Seller/Landlord or Buyer/Tenant will be delivering the proposed Agreement to the other party provided that the other party and its agents agree to keep the information described in paragraph 2 confidential and not to disclose it prior to or during the pendency of ([] and after the completion or termination of) any transaction that may result from the Proposed Agreement, except as authorized by the MLS rules or applicable law. Both parties agree that by signing this Confidentiality Agreement, and by providing or receiving the information below, neither party shall be required to execute or be bound by the Proposed Agreement. Each party agrees that it shall be responsible for any breach of this Confidentiality Agreement by its respective agents. 2. CONFIDENTIAL INFORMATION: (Check all that apply) Seller's/Landlord's Buyer's/Tenant's name---------------------------O�ri�p�e for the Pro�rty ------------------------------� Offered terms for the Property Other: ______________________________________ 3. ATTORNEYS' FEES: In any action, proceeding, or arbitration between Buyer/Tenant and Seller/Landlord ansmg out of this Confidentiality Agreement, the prevailing Buyer/Tenant or Seller/Landlord shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer/Tenant or Seller/Landlord, except as otherwise provided in the Proposed Agreement. 4. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Confidentiality Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Confidentiality Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Confidentiality Agreement shall be interpreted and any dispute shall be resolved in accordance with the laws of the State of California. Neither this Confidentiality Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer/Tenant and Seller/Landlord. THIS CONFIDENTIALITY AGREEMENT HAS SIGNIFICANT LEGAL CONSEQUENCES. BROKERS ARE NOT ATTORNEYS AND DO NOT PROVIDE LEGAL ADVICE. PRIOR TO SIGNING BELOW, EACH PARTY SHOULD SEEK THE ADVICE OF THEIR OWN LEGAL COUNSEL AS TO THE CONSEQUENCES OF THIS CONFIDENTIALITY AGREEMENT.
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Date _____________________ BUYER/TENANT (Print name)
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Date SELLER/LANDLORD ____________ (Print name)
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Date BUYER/TENANT (Print name)
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Date SELLER/LANDLORD (Print name)
. _______ b=b'-= C-=o-'Real Estate Broker (Listing Firm) _______ �t�h=e�G =r�u = By __________________ CalBRE Lie.# 01474232 (Salesperson or Broker-Associate) Jane Strauch
Real Estate Broker (Selling Firm) __________________ CalBRE Lie.#__________ By ____________________ CalBRE Lie.#_______ Date ___________ (Salesperson or Broker-Associate) © 2009-2012, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE l,.EGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REAL TORS® .,525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by __ Date ____
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CND 11/12 (PAGE 1 OF 1) CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT CND PAGE 1 OF 1 The Grubb Co., 1960 Mountain Blvd. Oakland, CA 94611 Phone: 510.388.6841 ziplogix.com Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 Jane Strauch
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Fax: 510.291.2978
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CALIFORNIA ASSOCIATION OF REALTORS ®
BUYER COUNTER OFFER No.1 (C.A.R. Form BCO, 11/14)
Date --- c-=-� _ This is a counter offer to the: D Seller Counter Offer No. _, DSeller Multiple Counter Offer No. _, D orOth_ er_ -- ("Offe__, r''), dated , on property known as -----------""" �� ____________ ("Property"), between ________________ ("Buyer"} and _________________("Seller "). _ 1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs in the Offer that require initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1 C of this or another Counter Offer or an addendum. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS:
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D. The following attached addenda are incorporated into this Buyer Counter offer:
D
D
0 Addendum No. ����-
2. EXPIRATION: This Buyer Counter Offer shall be deemed revoked and the deposits, if any, shall be returned: A. Unless by 5:00pm on the third Day After the date it is signed in paragraph 3 (if more than one signature then, the last signature date)(or by __ DAM D PM on (date)) (i) it is signed in paragraph 4 by Seller and (ii) a copy of the signed _ , who is Buyer Counter Offer is personally received by Buyer or authorized to receive it. OR B. If Buyer withdraws it in writing (CAR Form WOO) anytime prior to Acceptance. 3. OFFER: BUYER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY.
Buyer ______________ _____________________ Date ________ Buyer Date ________ 4. ACCEPTANCE: I/WE accept the above Buyer Counter Offer (If checked
O SUBJECT TO THE ATIACHED COUNTER OFFER)
and acknowledge receipt of a Copy. S eller __________________________ Date ____ Time _ __ OAM/0 PM Seller Date Time DAM/ PM
D
CONFIRMATION OF ACCEPTANCE:
( __ / __ ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized agent as specified in paragraph 2A on (date) at ___ DAM/ D PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document.
© 2014, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® • 525 South Virgil Avenue, Los Angeles, California 90020
BCO 11/14 (PAGE 1 OF 1)
I Reviewed by
Date ___
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BUYER COUNTER OFFER (BCO PAGE 1 OF 1)
The Grubb Co., 1960 Mountain Blvd. Oakland, CA 94611 Phone: 510.388.6841 Fax: 510.291.2978 Produced with zipForm® by ziploglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 www.zipLogix.com Jane Strauch
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