In California, those in the real estate industry have taken the initiative to try and avoid all legal backlash, if possible. Because of this, there are many disclosures and forms that all parties in a property transfer must not only be aware of, but also use.
The California Association of Realtors as well and its Brokers believe that these forms are truly the best way to encourage preventative communication. One such form is a statewide buyer and seller advisory.
What is a statewide buyer and seller advisory?
This disclosure form is 10 pages long. Its purpose is to encourage open and consistent communication between a home’s buyer and seller. It includes disclosures about anything that could put the sale of the home (or its financing!) it danger of not being completed.
Sometimes, those in the industry in California will call this form the SBSA.
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Page-by-Page Breakdown of the SBSA
The first page covers the rights and duties of everyone involved in the transaction. There won’t be any confusion about who is supposed to complete which task after reading what the document outlines here.
The second page covers a few of the inspections that need to take place before a property can change hands. These are things like an inspection of the environmental hazards, square footage, lot size, boundaries, and surveys. It also covers the disclosure requirements for any lead-based paint that could be present.
The third page is a continuation of things that sellers need to disclose and buyers need to know about. These are things like the presence of mold, the possibility of flooding in the home, as well as the current condition of the septic system.
The fourth page covers pests like termites, disasters like earthquakes, and the possibility of easements and the problems they could bring.
The fifth page delves more into daily living disclosures. It covers things like nearby golf courses, the schools in the area, pets in the home, and the quality (and noise levels!) of the neighbors.
The sixth page goes over things like the swimming pools on the property, water shortages and conservation, and any underground pipelines or utilities. It also covers the statues for legal use of marijuana in the state of California.
The seventh page lists things like insurance responsibilities, as well as restrictions on renovations or changes to the property due to historical commissions.
The eighth page gets into the specifics of warranties, leases, and escrow for the property. These can be tricky, so make sure to read this page carefully!
The ninth page makes sure that both parties understand the realities of the mediation and arbitration process of this deal.
This is the easiest page. It simply has places for each party to sign and date, stating that they have acknowledged the form in its entirety.
How do you use a statewide buyer and seller advisory?
As mentioned, whether you are buying or selling a home in the state of California, you must go over the SBSA to ensure that you either have disclosed or been made aware of everything that you need to know about the property in question.