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Position Realty, Inc.

Offer Summary

California Residential Purchase Agreement and Joint Escrow Instructions

APN 021120036000

0 / 47 resolved0%

Position Realty, Inc.

California Residential Purchase Agreement
and Joint Escrow Instructions

Escrow Rules, Details & Instructions

01Agents & brokerages

Seller's brokerage firm. This provision is pending completion of the corresponding term above.

Seller's agent. This provision is pending completion of the corresponding term above.

Buyer's brokerage firm. This provision is pending completion of the corresponding term above.

Buyer's agent. This provision is pending completion of the corresponding term above.

02Offer

Property address. This provision is pending completion of the corresponding term above.

Buyer. This provision is pending completion of the corresponding term above.

Seller. This provision is pending completion of the corresponding term above.

Purchase price. This provision is pending completion of the corresponding term above.

Deposit. This provision is pending completion of the corresponding term above.

Additional deposit. This provision is pending completion of the corresponding term above.

Financing. This provision is pending completion of the corresponding term above.

Seller credit. This provision is pending completion of the corresponding term above.

Buyer agent commission. This provision is pending completion of the corresponding term above.

03Timing

Close. This provision is pending completion of the corresponding term above.

Offer expires. This provision is pending completion of the corresponding term above.

Investigation. This provision is pending completion of the corresponding term above.

Insurance. This provision is pending completion of the corresponding term above.

Seller documents. This provision is pending completion of the corresponding term above.

Title review. This provision is pending completion of the corresponding term above.

Seller delivery. This provision is pending completion of the corresponding term above.

Final verification. This provision is pending completion of the corresponding term above.

04Property

Occupancy. This provision is pending completion of the corresponding term above.

How title will be held. This provision is pending completion of the corresponding term above.

Tenant occupancy. This provision is pending completion of the corresponding term above.

Possession. This provision is pending completion of the corresponding term above.

Personal property. This provision is pending completion of the corresponding term above.

Exclusions. This provision is pending completion of the corresponding term above.

Solar. This provision is pending completion of the corresponding term above.

Leased or financed items. This provision is pending completion of the corresponding term above.

HOA. This provision is pending completion of the corresponding term above.

Buyer home sale. This provision is pending completion of the corresponding term above.

05Other terms

Escrow holder. This provision is pending completion of the corresponding term above.

Title company. This provision is pending completion of the corresponding term above.

Owner's title policy. This provision is pending completion of the corresponding term above.

Lender's title policy. This provision is pending completion of the corresponding term above.

Escrow fees. This provision is pending completion of the corresponding term above.

Transfer taxes. This provision is pending completion of the corresponding term above.

Natural hazard report. This provision is pending completion of the corresponding term above.

Inspection costs. This provision is pending completion of the corresponding term above.

Recording fees. This provision is pending completion of the corresponding term above.

Smoke, CO & water heater. This provision is pending completion of the corresponding term above.

Government requirements. This provision is pending completion of the corresponding term above.

Home warranty. This provision is pending completion of the corresponding term above.

Assignment. This provision is pending completion of the corresponding term above.

Liquidated damages. This provision is pending completion of the corresponding term above.

Arbitration. This provision is pending completion of the corresponding term above.

Addenda. This provision is pending completion of the corresponding term above.

Required notices and transfer disclosures

Megan's Law Database Notice

Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is available to the public at meganslaw.ca.gov. Depending on an offender's criminal history, the database may show either the residence address or the community and ZIP Code.

Smoke, carbon monoxide, and water-heater safety

Seller will timely complete and pay for transfer-related smoke-alarm, carbon-monoxide-device, and water-heater-bracing obligations to the extent applicable law places those duties on Seller or this agreement expressly allocates them to Seller.

Property insurance

Insurance availability, coverage, conditions, and cost can affect financing and the decision to proceed. Buyer should investigate desired property, fire, flood, and other coverage early and may rely on the insurance contingency only as stated in this agreement.

Fire hardening and defensible space

If the property is in a high or very high fire-hazard severity zone and the statutory conditions apply, Seller must deliver the required home-fire-hardening and defensible-space disclosures, including known vulnerable features and any required inspection information. These are conditional property disclosures, not assumptions about this property.

Natural hazards and transfer disclosure statement

When applicable, Seller must deliver the Transfer Disclosure Statement, Natural Hazard Disclosure, and other residential transfer notices. Buyer keeps any statutory review or termination period that cannot lawfully be waived.

Lead-based paint

If federal lead-based-paint disclosure law applies because the dwelling was built before 1978, Seller must deliver the required disclosure and pamphlet, and Buyer receives the inspection opportunity required by law.

Fair housing

The property must be sold without unlawful discrimination and in compliance with applicable federal, state, and local fair-housing law.

Position Realty, Inc.0 of 47 provisions resolved
Agency disclosure

Before you write an offer

Who represents you?

Know who works for whom before you sign an agreement or write an offer.

Buying or selling a home is a big step. Real estate agents play an important role, but their responsibilities are not the same. Understanding who an agent represents helps you make informed decisions and avoid misunderstandings later on.

Who pays the agent does not, by itself, decide who the agent represents.

The agent's duty depends on whom the agent agrees to represent, not on who provides the compensation.

Seller's agent

A seller's agent works for the seller. The agent owes loyalty and advocacy to the seller, while still dealing honestly with the buyer and disclosing known material facts. The agent does not protect the buyer's bargaining position or negotiate as the buyer's advocate.

Buyer's agent

A buyer's agent works for the buyer. The agent owes loyalty, care, honesty, and confidentiality to the buyer, and advises, investigates, and negotiates on the buyer's behalf. A buyer's agent may receive compensation from the seller without becoming the seller's agent.

Dual agent

A dual agent works for both buyer and seller with the knowledge and consent of both parties. The agent cannot reveal either party's confidential bargaining information without permission and cannot provide either side the same undivided advocacy as separate representation.

Before you sign, ask these four questions

  1. Who do you represent right now?
  2. Could you or your brokerage also represent the seller?
  3. What information will you keep confidential?
  4. How will you be compensated, and what could I owe directly?

Disclosure regarding

Real estate agency relationship

(As required by the Civil Code)

When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

Seller's agent

A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:

To the Seller:

A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.

To the Buyer and the Seller:

  1. Diligent exercise of reasonable skill and care in performance of the agent's duties.
  2. A duty of honest and fair dealing and good faith.
  3. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

Buyer's agent

A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. This includes a Buyer's agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:

To the Buyer:

A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.

To the Buyer and the Seller:

  1. Diligent exercise of reasonable skill and care in performance of the agent's duties.
  2. A duty of honest and fair dealing and good faith.
  3. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

Agent representing both Seller and Buyer

A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:

  1. A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either the Seller or the Buyer.
  2. Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including facts relating to either party's financial position, motivations, bargaining position, or other personal information that may impact price.

Seller and Buyer responsibilities

Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.

The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.

If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.

Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.

Acknowledgment of receipt

Your acknowledgment confirms receipt of this disclosure. It does not, by itself, create or confirm a particular agency relationship.

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