The California Termite Report Provision for Contract for the Sale and Purchase of Real Property is an essential component of real estate transactions in the state. This provision outlines the responsibilities of both the buyer and the seller in regard to termite inspections and potential remediation. Under this provision, it is generally the responsibility of the seller to obtain a termite inspection report from a licensed pest control operator before selling the property. The report details any visible evidence of termite infestation or damage, as well as conditions conducive to termite infestation. The report is typically prepared using industry-recognized forms, such as the California Pest Control Association (CPA) form. The provision requires the seller to provide the termite report to the buyer within a specified timeframe, typically before the close of escrow. The buyer then has the opportunity to review the report and, if desired, negotiate with the seller for any necessary repairs or treatments. The provision typically also states that the seller shall pay for any Section 1 items, which refer to items requiring immediate attention due to active infestation, damage, or conditions conducive to termite infestation. It's important to note that there can be different types or variations of the California Termite Report Provision for Contract for the Sale and Purchase of Real Property depending on the specific circumstances or agreements between the parties involved. Some common variations may include: 1. Optional Termite Inspection: In certain cases, the provision may allow for a termite inspection to be optional, meaning the seller is not obligated to obtain a termite report, and the buyer may choose to waive their right to request one. This variation is more common in situations where the property is being sold "as-is." 2. Seller Clearance: Another variation of the provision may require the seller to obtain a termite clearance, indicating that the property is free from both active termite infestation and damage. This additional step provides an extra level of assurance for buyers. 3. Transfer Responsibility: In some instances, the provision may shift the responsibility of obtaining the termite report to the buyer. This may occur when the property is being sold "as-is" or under specific contractual arrangements. The California Termite Report Provision for Contract for the Sale and Purchase of Real Property is crucial in protecting both buyers and sellers in real estate transactions. It ensures transparency and allows for negotiations to address any potential termite-related issues. It is advisable for both parties to thoroughly review and understand the terms and conditions of the provision before finalizing the sale or purchase of real property in California.
California Termite Report Provision for Contract for the Sale and Purchase of Real Property
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Among the terms typically included in the agreement are the purchase price, the closing date, the amount of earnest money that the buyer must submit as a deposit, and the list of items that are and are not included in the sale.
They don't usually require an inspection of the loan. The same is not true for an FHA, in FHA there are some requirements. But for the sake of conventional loans, an inspection is not required and an option, and only a home appraisal can do the job for you.
What Are the Mandatory Real Estate Disclosures in California?California Transfer Disclosure Statement (TDS)Declaring Material Facts.What Happens If You Don't Disclose Material Facts?
California Real Estate Disclosure Requirements In California, sellers must provide a Transfer Disclosure Statement (TDS) to any potential buyer whose offer has been accepted. This form asks specific questions about defects or malfunctions the seller may be aware of.
Termite inspections are not required in California during the sale of real property. This is typically seen as a negotiable part of the contract. When a buyer places an offer on a home they are considering purchasing they can ask that the seller provide a termite inspection and pay for repairs found in that inspection.
She said that every 2-3 years is about right, and reminded me that a good termite inspection will include areas where most homeowners don't go and might not notice pests, such as in the crawl space and the attic.
In California, sellers must provide a Transfer Disclosure Statement (TDS) to any potential buyer whose offer has been accepted. This form asks specific questions about defects or malfunctions the seller may be aware of.
Termites and the home saleTermite inspections are not required in California, nor are they customary in all regions. However, forward-looking buyers and sellers will order a termite inspection to ensure problems won't be discovered when it's too late.
In California and in almost all other states, sellers pay termite inspection costs. The cost is typically inexpensive, ranging from $50 to $150. Some termite companies even offer a free inspection in the hopes that they'll earn your business and can handle any necessary (and more expensive) treatment.
Buyer must give Seller copies of any Inspections Under Paragraph 12. B. II, the Buyer shall give Seller, at no cost, complete Copies of all such investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement.
