Before purchasing a home in California, here are some things smart buyers, such as yourself, should be aware of.
According to California Civil Code §§ 1102.3, 1102.6, “before executing the residential sales contract, the seller or their broker is required to deliver the statutory real estate transfer disclosure statement to the buyer. This contains a checklist to give notice of problems or potential problems with the property.”
In other words, the seller must come clean about any known issue about the condition of the house, which would affect whether you would purchase the property.
According to California case law, although a seller and seller’s agent/broker must discuss factual conditions, they have no duty to explain the extent or implication of such disclosures. Pagano v. Krohn (1997) 60 Cal.App.4th 1.
It’s important to get a professional home inspection by a licensed and trusted home inspector. Consider inspecting areas such as the plumbing, roofing, fireplace, swimming pool, and in some cases even getting a boundary survey. Do not cut corners for inspections during the inspection period because the law does not favor buyers who do not do their due diligence before purchasing real property.
Take the time to understand all documents and only rely on statements you are sure of. Although purchasing a home for the first time can be scary, knowing your legal rights will better help make the experience better.
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