Description of California Real Estate Forms

California Residential Purchase Agreement: This is the sales contract. It begins with the words "Offer to Purchase" because almost all home sales start with the Buyer making an offer. If you are selling "by owner," simply leave the Buyer's name blank, fill in the information that will not change plus your asking price at the top of paragraph 1, and print several copies. Paragraphs 1 and 2 can't be filled out without a potential buyer who has agreed to your price and is prepared to say how much cash he or she can offer as a down payment and what kind of mortgage loan he or she will try to get.

Real Estate Transfer Disclosure Statement (TDS): Fill in the blanks, make several copies, and attach a copy to each Residential Purchase Agreement. The purpose of this document is to allow the Seller to tell the Buyer what he or she knows about the property. It does NOT require research. Each set of questions begins with "Are you aware." If you are "not aware" or "don't know" the proper answer is "No." The PDF format (Ca_TDSdisclosure.pdf) includes instructions and tips for filling out this document.

Lead Based Paint Addendum: If the home was built in 1978 or later, indicate that and attach the basically blank form to the Residential Purchase Agreement. If the home was built prior to 1978, answer the questions and print several copies for attachment to Residential Purchase Agreement.

Natural Hazard Disclosure Statement: Like the TDS, this document is designed to help the Seller tell the Buyer about situations and facts that may negatively affect the value of the property. Unlike the TDS, the Seller is required to contact local authorities and find out if the property is in one or more of the designated hazard areas.

Smoke Detector Statement of Compliance: Seller signs this one page document to certify that property has an operating smoke detector that meets California's Fire Marshal's regulations. Most smoke detectors sold in California meet these regulations.

Buyer's Inspection Advisory: This document simply advises the Buyer to have the property inspected, preferably by licensed professional inspectors. Fill in the address of the property, make copies and attach to the Residential Purchase Agreement.

Homeowner's Association Disclosure: Most homes built after 1980 are in sub-divisions where owners are required to join Homeowner's Associations and pay dues to maintain common property. Fill out this form if your Buyer will be required to join a Homeowner's Association.

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Seller's Affidavit of Non foreign Status: The Internal Revenue Service requires Buyers to withhold taxes from the purchase price of homes sold by foreign persons. Seller fills in Social Security number and home address and signs to certify that Seller is a tax-paying American.

California NonResident Withholding Statement: California Taxation Code requires Buyers to withhold taxes from the purchase price of homes sold by non-residents of California. Seller fills in home address and Social Security number and signs to certify Seller is a tax-paying California resident.

Special Stipulations (Ca_SpecialStips.rtf): This is a plain text document with 24 clauses (paragraphs) that describe situations Sellers and Buyers often want to include in the Purchase Agreement. For instance, a Buyer may want to make the contract subject to approval of a father-in-law who is financing the purchase. These stipulations are in plain text format so they may easily be 'cut' and 'pasted' into 'Special Clauses' under paragraph 23 of the Residential Purchase Agreement, or pasted into the blank space of an Amendment to Residential Purchase Agreement.

Buyer Purchasing "AS IS" (Ca_As_Is_Amend.doc): This amendment allows the Seller to avoid having to make any repairs to the property even if the Buyer's inspection reveals defects. The property is sold in its current condition as of the date this single page document is signed.

Net to Seller: This form allows user to enter estimates of all closing costs (balance on current mortgage loan, attorney's fee, Title search, etc). The user manually subtracts the total estimated cost from the Purchase Price to get the amount of cash the Seller will receive at closing.

Buyer Pre-Qualification: This form records the prospective Buyer's annual income and expenses and provides manual calculation formula to determine if Buyer can afford the asking price.

Buyer Pre-Qual Sample: Buyer Pre-Qualification form filled out for a Buyer with $48,000 annual income. Based on the sample Buyer's monthly expenses, the form estimates that Buyer can afford a $144,000 house.