California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.9 - Existing Subdivision Interest Disclosure Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The form approved by the Commissioner for the disclosure of
				  Existing Subdivision Interest information is as follows:
EXISTING SUBDIVISION INTEREST DISCLOSURE
				  STATEMENT
THIS EXISTING SUBDIVISION INTEREST DISCLOSURE STATEMENT (THIS
				  "
DISCLOSURE STATEMENT
") CONCERNS THE REAL
				  PROPERTY SITUATED IN THE CITY OF____________________, COUNTY OF
				  ____________________, STATE OF CALIFORNIA, DESCRIBED AS
				  _________________________ (THE "
EXISTING SUBDIVISION
				  INTEREST
"). THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF
				  THE EXISTING SUBDIVISION INTEREST AS OF (date)__________, 20___, WITHIN THE
				  SELLER'S ACTUAL KNOWLEDGE. IT IS NOT A REPRESENTATION OR WARRANTY OF ANY KIND
				  BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS
				  TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE
				  BUYER(S) MAY WISH TO OBTAIN.
I.
COORDINATION WITH OTHER DISCLOSURE FORMS AND EXISTING REPORTS
All parties acknowledge that the real property being
				  purchased is a lot, condominium unit or other interest in the Existing
				  Subdivision Interest (the "
Property
") and the
				  Seller hereby discloses to the Buyer in this transaction that the following
				  inspection reports, if any, regarding the Property were completed and are or
				  have been in the possession of the Seller:
Description/type
Vendor
						  (by)
Date on Report
1.
						  ________________________________________________________________
2.
						  ________________________________________________________________
3.
						  ________________________________________________________________
4.
						  ________________________________________________________________
5.
						  ________________________________________________________________
6.
						  ________________________________________________________________
7.
						  ________________________________________________________________
8.
						  ________________________________________________________________
Buyer may request a copy of any of the reports listed above
				  in writing within 5 days after receipt of this Disclosure Statement.
The following disclosures and other disclosures required by
				  law, applicable to the condition of the Property, have or will be made in
				  connection with this real estate transfer, and shall satisfy the disclosure
				  obligations on this form, where the subject matter is the same.
[] Inspection reports completed pursuant to the contract of
				  sale or receipt for deposit.
[] Additional inspection reports or disclosures:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
The disclosures and reports identified in this Section are
				  collectively called the "Existing Disclosures."
II.
SELLER'S INFORMATION
The Seller discloses the following information with the
				  knowledge that this is not a representation or warranty. Seller hereby
				  authorizes any agent(s) representing any principal(s) in this transaction to
				  provide a copy of this statement to any person or entity in connection with any
				  actual or anticipated sale of the Property.
The information disclosed in this Disclosure Statement is
				  limited to information which Seller actually knows, based on reasonable efforts
				  to obtain such information. The phrases "Seller's knowledge" and "Seller's
				  awareness" when used herein, are limited accordingly.
THE FOLLOWING ARE DISCLOSURES MADE BY THE SELLER AND ARE NOT
				  THE DISCLOSURES OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND
				  IS NOT PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER,
Seller or Seller's tenant []is []is not occupying the
				  Property.
A. The Property has the
				items checked below (
read across
):
[] Range
[]
						  Oven
[] Microwave
[] Dishwasher
[] Trash
						  Compactor
[] Garbage Disposal
[] Washer/Dryer Hookups
[] Rain Gutters
[] Burglar Alarms
[] Smoke Detector(s)
[] Fire Alarm
[] TV Antenna
[] Satellite Dish
[]
						  Intercom
[] Central Heating
[] Central Air Cndtng.
[] Evaporator Cooler(s)
[] Wall/Window Air Cndtng.
[] Sprinklers
[]
						  Public Sewer System
[] Septic Tank
[] Sump Pump
[] Water
						  Softener
[] Patio/Decking
[] Built-in Barbecue
[] Gazebo
[] Sauna
[] Hot Tub []Locking
[] Pool [] Child
[] Spa []Locking
Safety
						  Cover*
Resistant
Safety Cover*
Barrier*
[] Security Gate(s)
[]
						  Automatic Garage Door Opener(s)
[] Number Remote
						  Controls
Garage: [] Attached
[]
						  Not Attached
[] Carport
Pool/Spa
Heater: [] Gas
[]
						  Solar
[] Electric
Water Heater: [] Gas
[] Water Heater: Anchored, Braced,
[] Private Utility or
						  Other ___________________________
or Strapped*
___________________________
Water Supply: [] City
[] Well
Gas Supple: [] Utility
[] Bottled
[] Window Screen
[]
						  Window Security Bars
[] Quick Release Mechanism on Bedroom
						  Windows*
Exhaust Fans(s) in ____________________
220 Volt Wiring in ____________________
Fireplace(s) in ____________________
[] Gas Starter
[] Roof(s):
						  Type:___________________________
Age: (approx.) __________
[] Other __________
To Seller's actual knowledge, are any of the above not in
				  operating condition?
[] Yes [] No. If yes, then describe.
(Attach additional sheets if necessary):
				  ____________________
___________________________
___________________________
___________________________
B. To Seller's actual knowledge, are there
				any significant defects/malfunctions in any of the following?
[] Yes [] No. If yes, check appropriate space(s)
				  below.
[] Interior Walls
[] Ceilings
[]
						  Floors
[] Exterior Walls
[] Insulation
[]
						  Roofs(s)
[] Windows
[] Doors
[]
						  Foundation
[] Slab(s)
[] Driveways
[]
						  Sidewalks
[] Walls/Fences
[] Electrical Systems
[] Plumbings/Sewers/Septics
[]Other Structural components
(Describe:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
If any of the above is checked, explain (attach additional
				  sheets if necessary):
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
* The garage door opener or child resistant pool barrier may
				  not be in compliance with the safety standards relating to automatic reversing
				  devices as set forth in Chapter 12.5 (commencing with Section
				  19890) of Part 3 of Division 13
				  of, or with the pool safety standards of Article 2.5 (commencing with Section
				  115920) of Chapter 5 of Part 10 of
				  Division 104 of, the Health and Safety Code. The water heater may not be
				  anchored, braced, or strapped in accordance with Section
				  19211
				  of the Health and Safety Code. Window security bars may not have quick-release
				  mechanisms in compliance with the 1995 edition of the California Building
				  Standards Code.
C. Does
				Seller have actual knowledge of any of the following:
1.
Substances, materials or products which may
						  be an environmental hazard such as, but not limited to, asbestos, formaldehyde,
						  radon gas, lead-based paint. mold, fuel or chemical storage tanks, and
						  contaminated soil or water on the subject property
Yes
No
2.
Features of the property shared in common
						  with adjoining landowners, such as walls, fences, and driveways, whose use or
						  responsibility for maintenance may have an effect on the subject
						  property
Yes
No
3.
Any encroachments, easements or similar
						  matters that may affect your interest in the subject
						  property
Yes
No
4.
Room additions, structural modifications, or
						  other alterations or repairs made without necessary
						  permits
Yes
No
5.
Room additions, structural modifications, or
						  other alterations or repairs not in compliance with building
						  codes
Yes
No
6.
Fill (compacted or otherwise) on the
						  property or any portion thereof
Yes
No
7.
Any settling from any cause, or slippage,
						  sliding, or other soil problems
Yes
No
8.
Flooding, drainage or grading
						  problems
Yes
No
9.
Major damage to the property or any of the
						  structures from fire, earthquake, floods, or
						  landslides
Yes
No
10.
Any zoning violations, nonconforming uses,
						  violations of "setback" requirements
Yes
No
11.
Neighborhood noise problems or other
						  nuisances
Yes
No
12.
CC&Rs or other deed restrictions or
						  obligations
Yes
No
13.
Homeowners' Association which has any
						  authority over the subject property
Yes
No
14.
Any "common area" (facilities such as
						  pools, tennis courts, walkways, or other areas co-owned in undivided interest
						  with others)
Yes
No
15.
Any notices of abatement or citations
						  against the property
Yes
No
16.
Any lawsuits by or against the Seller
						  threatening to or affecting this real property, including any lawsuits alleging
						  a defect or deficiency in this real property or "common areas" (facilities such
						  as pools, tennis courts, walkways, or other areas co-owned in undivided
						  interest with others)
Yes
No
If the answer to any of these is yes and they are not
				  included in the preliminary title report, explain. (Attach additional sheets if
				  necessary.)
___________________________
___________________________
___________________________
___________________________
The information herein is true and correct to the Seller's
				  actual knowledge, as of the date signed by the Seller or Seller's
				  representative.
Seller ____________________
Date ____________________
BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR
				  INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A
				  CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY
				  ADVICE/INSPECTION/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
BUYER___________________________
DATE___________________________
BUYER___________________________
DATE___________________________