q Obtain title information to property

q Obtain listing price using market data

q Complete Agency Disclosure Statement & have it signed by Seller (Civ. Code § 2079.14 § 2079.13); Give to Seller before entering into Listing Agreement

q Complete Agency Relationship Confirmation at time of offer (Civ. Code § 2079.17)

q Conduct competent and diligent visual inspection (Civ. Code § 2079)

q Verify accuracy of Seller disclosures to Buyer or inform Buyer that disclosures have not been verified

q Negotiate Listing Agreement & obtain Seller’s signature

q Prepare Multiple Listing Input Sheets

q Inspect home with Seller

q Provide Buyer with Agency Disclosure Statement before execution of Buyer’s Offer to Purchase (Civ. Code § 2079.14(d))

q If dual representation, obtain Buyer and Seller’s signature on Acknowledgment of Receipt on Agency Disclosure Statement (Civ. Code § 2079.14(d))

q Prepare Transfer Disclosure Statement (T.D.S.) with Seller (Civ. Code § 1102)

q Review documents with Broker\Office Manager

q Secure Seller’s loan documents

q Prepare "Purchase Money Lien" Disclosure if Seller financing is anticipated (Civ. Code § 2956)

q If Condo or PUD, obtain for the Buyer the CC&Rs, Articles, By-laws, Financial Statement & Statement of Current, Future & Past Due Assessments (Civ Code § 1368) & determine whether any lawsuits exist against the H.O.A. and whether a reserve account exists

q Determine & disclose in writing any defects/malfunctions in converted condos Unit’s and common area’s "major systems" (Civ. Code § 1134)

q If new subdivision/condo, obtain Public Report for delivery to Buyer prior to execution of Purchase Contract or Lease ( Bus & Prof Code § 11081.1) and obtain receipt for same

q Review City/County Dept. of Building & Safety Property & Permit Information

q Physically check property for obvious boundary disputes & encroachments & discuss with Seller

q Determine if property is in a Seismic Hazard Zone or Special Studies Zone & disclose in the T.D.S. or Purchase Contract (Pub. Res. Code § 2621.9)

q Cause Seller to certify Buyer that water heater is anchored or strapped (except where superseded by local codes)

q Determine & disclose if the local agency has declared the property to be in a Flood Hazard Zone

q Disclose if owner is required to obtain & maintain flood insurance

q Determine & disclose if the local agency has declared property to be in Fire Hazard Zone (Civ. Code § 1102.6c(a)(1)(6)

q Determine and disclose any occupant’s death or disease from AIDS-related virus (Civ. Code § 1720.2(d))

q Review Environmental Hazard Manual with Seller & give copy to Buyer (Civ. Code § 2079.7)

q Obtain Mello-Roos District Special Tax Notice, if applies, & give to prospective transferee

q If property is a "Pre-1960 Wood Frame Structure" or has suffered earthquake damage, give the "Homeowner’s Guide to Earthquake Safety" to Seller and give copy to Buyer (Civ. Code § 2079.8)

q If property is pre-1975, of precast concrete or reinforced/unreinforced masonry, with wood or frame floors or roofs, within a County or City, if not exempt, give Buyer "The Commercial Property Owner’s Guide to Earthquake Safety (Civ. Code § 2979.9)

q Give Buyer Lead Hazard Information Pamphlet & disclose any known lead-based paint & lead-based paint hazards; give Buyer 10-day opportunity to test for lead; include standard warning language as attachment to contract; sign statements verifying completion of requirements & retain for 3 years (effective for owners of more than 4 dwelling units, 9/6/96; 4 or fewer, 12/6/96)

q If property designated by State as "hazardous waste property" or "border zone property" include warning contained in Hlth & S § 25230(a)(2) in purchase contract

q Obtain & complete local Disclosure Form (Los Angeles Form 9A for Impact Glazing, etc)

q Disclose on T.D.S. if property if near a former federal/state ammo ordnance dump (Civ. Code § 1102.15

q Disclose on T.D.S. if property is in a State Responsibility Area (Pub. Res. Code § 4125 & § 4136) and disclose risk/ duties State may not provide protection services

q Disclose on T.D.S. if property is within an Airport Traffic Area

q Disclose on T.D.S. if all existing garage door openers have or do not have automatic reversing devices (Health & Safety Code § 19890)

q Disclose on T.D.S. whether the property has a swimming pool and window security bars; if applicable, disclose that a child resistant pool barrier may not be in compliance with safety standards relating to automatic reversing devices set forth in or with pool safety standards contained, and that window security bars may not have quick-release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. (Civ Code §§ 1102.6, 1102.16)

q If Seller is a U.S. Citizen or Permanent Resident, prepare a "Non-foreign Affidavit" to avoid withholding of sale proceeds (IRC 1445-b-2)

q Disclose on T.D.S. if smoke detectors are or are not installed (Health & Safety Code § 13113.8) & determine if more rigid local requirements apply; if S.F.R., give Buyer written statement that property is in compliance with current California law

q Ensure Buyer signs New Home Inspection Disclosure in all transactions involving FHA Mortgage Insurance (mandatory from May 1, 1996)

q Make any disclosures specifically required by the City or County

q Disclose to Buyer all material information

q Review all offers with Seller

q In general, object to Buyer’s warranty requests for plumbing, wiring, sewer system, water-tight roofs, etc

q Use counter-offer form only once unless form provides for multiple counters

q Do not release multiple signed counter-offers

q Deliver the T.D.S., Agency Disclosure Form, & all other disclosure documents to Buyer or Buyer’s Agent

q Verify that all purchase documents have been initialed & signed by both Buyer & Seller

q Confirm agency relationship in purchase contract prior to signing by Buyer & Seller (Civ. Code § 2079.17(c))

q Purchase contract must include statutory notice advising that law enforcement maintains public access a data base of locations of registered sex offenders (Civ. Code § 2079.10a, applicable to contracts & leases after 7/1/99)

q Open escrow & monitor Buyer’s inspections

q Cause Pest Control Report to be delivered to Buyer through Buyer’s Agent

q Review all documents with Broker/Office Manager

q Prepare Seller’s "Net" Sheet

q Discuss all aspects of the transaction with Seller, document such conversations & prepare Seller to move

q Close escrow & collect commission