Welcome to San Diego, America's Finest City, and the land of loads of paperwork! If you have done your homework, you know that there will be a lot of paperwork when you buy your San Diego home. I'm not exaggerating. I've had clients from other states tell me that San Diego (or California, in general) has more than twice the amount of paperwork than they're used to having when buying a home in their home states. While I can't necessarily explain to you why we have so much more, I can review with you most of the paperwork you will see during your San Diego home purchase experience. Below you will find links to blog posts that review many different types of disclosures, contracts, and reports. Most of these posts I have yet to write (but I summarize several in this post), so feel free to sign up for my rss feed to be notified as soon as I write a new post. I always write my posts from a buyer's perspective, because I only represent buyers. My recommendation is that buyers read and learn about the forms they will sign in a real estate transaction, and also that buyers hire an exclusive buyer agent who is familiar with all the forms and specializes in using the forms to protect the buyers' best interests at all times. Click on any link below to read a complete review of each form or contract.
Disclosure Regarding Real Estate Agency Relationship - This is the first form you should ever see and sign from a real estate agent in San Diego. An agent is supposed to have you read and sign this form before acting as your agent in any way, especially before signing a listing agreement, buyer representation agreement, or any sort of purchase contract (but many argue that this form should also be signed before answering real estate questions or showing property to a buyer). You will see different versions of this form several times throughout your purchase transaction.
Disclosure and Consent for More Than One Buyer or Seller (to be explained in detail in a future post) - This form would usually accompany a buyer representation agreement. It's a disclosure that pretty much tells you that you are not the only client of the real estate brokerage you hired.
Buyer Representation Agreement - Exclusive (to be explained in detail in a future post) - This is the agreement you will sign when you hire Globella or another real estate brokerage to represent you on your home purchase. It outlines many things including the agent's duties and obligations to you, your duties and obligations to your agent, compensation, length of the agreement, etc.
Buyer's Inspection Advisory (to be explained in detail in a future post) - The Buyer's Inspection Advisory would normally accompany the Buyer Representation Agreement or Residential Purchase Agreement. It's a disclosure that outlines the importance of performing professional inspections on the subject property and suggests a long list of inspections that can be performed. Working with me as your exclusive buyer agent can be more expensive than working with another agent. Although performing inspections is optional in California, I require my clients to hire an inspector when they purchase a property. I don't want any surprises after close of escrow.
REO Advisory Form (to be explained in detail in a future post) - This is a disclosure form from the California Association of REALTORS®. We want buyers to be fully aware of everything they need to know when buying a bank-owned (foreclosure) property. This is a must-read form. You will only see this form if you buy a foreclosure listing.
Statewide Buyer and Seller Advisory (to be explained in detail in a future post) - This form explains the real estate process in great detail. It's a must-read form for any buyer. You will see this form when you sign an offer to purchase.
Residential Purchase Agreement (to be explained in detail in a future post) - The residential purchase agreement is the instrument written by the California Association of REALTORS® that is used in most real estate purchase transactions. I recommend my clients to only use this contract for purchases, but there are scenarios when a buyer may not have a choice in the matter (for example, when buying a bank-owned foreclosure or purchasing in a new home community). A buyer should absolutely be familiar with this contract.
Counter Offers (to be explained in detail in a future post) - The counter offer form will only be used if a seller decides to counter a buyer's offer (rather than accept the offer or deny the offer).
Wood Destroying Pest Inspection and Allocation of Cost Addendum (to be explained in detail in a future post) - This form is an optional form that can accompany the Residential Purchase Agreement. The form is used to further clarify who will pay for repairs recommended from a structural pest control company.
Short Sale Addendum (to be explained in detail in a future post) - The short sale addendum will be used if you write an offer on a short sale listing. The short sale addendum allows the buyer to set an expiration date, clarifies how the buyer's deposit check will be handled, clarifies when certain time periods begin, etc., etc. This is a very important form that must be filled out correctly when writing an offer on a short sale.
Contingency Removal (to be explained in detail in a future post) -
Agent Visual Inspection Disclosure (to be explained in detail in a future post) -
Buyer's Inspection Elections (to be explained in detail in a future post) -
For Your Protection: Get a Home Inspection (to be explained in detail in a future post) -
Lead-Based Paint and Lead-Based Paint Hazards (to be explained in detail in a future post) -
Market Conditions Advisory (to be explained in detail in a future post) -
Megan's Law Database Disclosure (to be explained in detail in a future post) -
Real Estate Transfer Disclosure Statement
Seller Property Questionnaire
Property Inspection Report
Request for Repair
Appraisal Report
Local Area Disclosures
Natural Hazards Disclosure Report
Home Warranty
Notice of Your 'Supplemental' Property Tax Bill
Water Heater and Smoke Detector Statement of Compliance
Verification of Property Condition
Withdrawal of Offer
Cancellation of Contract, Release of Deposit, and Joint Escrow Instructions (all above to be explained in detail in future posts) -
As you can see, we have a lot to cover! If you have preferences about which form or contract I write about next, send me an email or leave a comment on this post.
This post does not contain every piece of paper you will ever see in a San Diego real estate transaction. The real estate market is always changing. There are new disclosures and forms that the California Association of REALTORS® puts out in different real estate climates. Different real estate companies may also have their own forms or disclosures they want you to sign. Banks tend to use their own purchase contracts and disclosure forms when selling foreclosure properties or short sales. A buyer should know that a real estate agent can give real estate advice but cannot give legal advice. If you seek legal advice, my suggestion is that you contact an attorney. The San Diego Association of REALTORS® (SDAR) provides a phone number and a link for San Diego real estate attorney referrals. Click here to view that information on SDAR's website. Nothing in this post was intended to be legal advice in any way. The content in this post is simply for informational purposes only.
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Exclusive Buyer Agents do not list homes for sale and never represent sellers. They have no "inventory" to try to sell you. They can represent you in purchasing any home. They are specialists at representing buyers only on the buyers' side of the transaction. Exclusive Buyer Agents work to get buyers the best price and terms when they buy a home. If you would like an agent who will work exclusively for you. Make sure you hire an E B A...
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Electra is a luxury condo building in downtown San Diego built in 2007. The building is 43 stories tall with 248 units. Many of the units have phenomenal views of downtown and the San Diego Bay. I recently (July 2009) helped a client purchase a 2-bedroom (plus a den) condo on the 42nd floor. I wish I could move in! The place was beautiful. The amenities at Electra, in my opinion, are top-rate. I also love the fact that they preserved a historical building at the base of the development (see the picture on the right).
