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Imagine that you are a group of attorneys who were recently hired by a company to analyze this contract and you are presenting your findings
Imagine that you are a group of attorneys who were recently hired by a company to analyze this contract and you are presenting your findings to the Executive Team. Put yourselves in the CEO's/Executive Team's shoes and discuss what he/she should know before signing this contract. Don't just re-write the contract but rather explain the important parts. You have to state what each page/ clauses are important in these contract. Minimum 200 words for each page.
CALIFORNIA ASSOCIATION REAL ESTATE TRANSFER DISCLOSURE STATEMENT (CALIFORNIA CIVIL CODE $1102, ET SEQ.) OF REALTORS (C.A.R. Form TDS, Revised 4/14) THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF , COUNTY OF , STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 1102 OF THE CIVIL CODE AS OF (date) . IT IS NOT A 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 PRINCIPAL(S) MAY WISH TO OBTAIN 1. COORDINATION WITH OTHER DISCLOSURE FORMS This Real Estate Transfer Disclosure Statement is made pursuant to Section 1102 of the Civil Code. Other statutes require disclosures, depending upon the details of the particular real estate transaction (for example: special study zone and purchase-money liens on residential property). Substituted Disclosures: The following disclosures and other disclosures required by law, including the Natural Hazard Disclosure Report/Statement that may include airport annoyances, earthquake, fire, flood, or special assessment information, have or will be made in connection with this real estate transfer, and are intended to 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: II. SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. 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 FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. Seller is | | is not occupying the Home. A. The subject property has the items checked below: " Range _Wall/Window Air Conditioning Pool: Oven Sprinklers Child Resistant Barrier Microwave Public Sewer System Pool/Spa Heater: Dishwasher Septic Tank Gas | Solar | | Electric Trash Compactor Sump Pump Water Heater: Garbage Disposal Water Softener Gas | Solar Electric Washer/Dryer Hookups Patio/Decking Water Supply: Rain Gutters Built-in Barbecue City _ Well Burglar Alarms Gazebo Private Utility or Carbon Monoxide Device(s) Security Gate(s) Other Smoke Detector(s) Garage: Gas Supply: Fire Alarm Attached _Not Attached Utility _Bottled (Tank) TV Antenna Carport Window Screens Satellite Dish Automatic Garage Door Opener(s) Window Security Bars Intercom Number Remote Controls Quick Release Mechanism on Central Heating Sauna Bedroom Windows Central Air Conditioning _Hot Tub/Spa: Water-Conserving Plumbing Fixtures Evaporator Cooler(s) Locking Safety Cover Exhaust Fan(s) in 220 Volt Wiring in Fireplace(s) in Gas Starter Roof(s): Type: Age: (approx.) Other: Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? | Yes | | No. If yes, then describe. (Attach additional sheets if necessary): ("see note on page 2) Buyer's Initials ( Seller's Initials ( 01991 - 2014. California Assoc on of REALTORSS, Inc. TDS REVISED 4/14 (PAGE 1 OF 3) Reviewed by Date REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS PAGE 1 OF 3) Phone: Fax Produced with zipForms by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziplogix.comProperty Address: Date: B. Are you (Seller) aware of 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 Roof(s) Windows | Doors | |Foundation _ Slab(s) Driveways | Sidewalks Walls/Fences Electrical Systems Plumbing/Sewers/Septics |Other Structural Components (Describe: If any of the above is checked, explain. (Attach additional sheets if necessary.): "Installation of a listed appliance, device, or amenity is not a precondition of sale or transfer of the dwelling. The carbon monoxide device, garage door opener, or child-resistant pool barrier may not be in compliance with the safety standards relating to, respectively, carbon monoxide device standards of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12 of, automatic reversing device standards of Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or 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. Window security bars may not have quick-release mechanisms in compliance with the 1995 edition of the California Building Standards Code. Section 1101.4 of the Civil Code requires all single-family residences built on or before January 1, 1994, to be equipped with water-conserving plumbing fixtures after January 1, 2017. Additionally, on and after January 1, 2014, a single-family residence built on or before January 1, 1994, that is altered or improved is required to be equipped with water-conserving plumbing fixtures as a condition of final approval. Fixtures in this dwelling may not comply with section 1101.4 of the Civil Code. C. Are you (Seller) aware of any 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 . .. No 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslide 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&R's 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, claims for damages by the Seller pursuant to Section 910 or 914 threatening to or affecting this real property, claims for breach of warranty pursuant to Section 900 threatening to or affecting this real property, or claims for breach of an enhanced protection agreement pursuant to Section 903 threatening to or affecting this real property, including any lawsuits or claims for damages pursuant to Section 910 or 914 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, explain. (Attach additional sheets if necessary.): D. 1. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 13113.8 of the Health and Safety Code by having operable smoke detector(s) which are approved, listed, and installed in accordance with the State Fire Marshal's regulations and applicable local standards. 2. The Seller certifies that the property, as of the close of escrow, will be in compliance with Section 19211 of the Health and Safety Code by having the water heater tank(s) braced, anchored, or strapped in place in accordance with applicable law. Buyer's Initials ( Seller's Initials ( TDS REVISED 4/14 (PAGE 2 OF 3) Reviewed by Date REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS PAGE 2 OF 3) Produced with zipForms by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wan.ziplogix.comStep by Step Solution
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