Cal. Code Regs. tit. 10 § 2790.9

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2790.9 - Existing Subdivision Interest Disclosure Form

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___________________________

Cal. Code Regs. Tit. 10, § 2790.9

1. New section filed 2-14-2008; operative 3-15-2008 (Register 2008, No. 7).

Note: Authority cited: Section 11001, Business and Professions Code. Reference: Sections 10050 and 11010, Business and Professions Code.

1. New section filed 2-14-2008; operative 3-15-2008 (Register 2008, No. 7).