§ 820-6.006. Disclosure to buyers.  


Latest version.
  • (1)

    In accordance with the provisions of Section 1102 et seq. of the California Civil Code, upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with one to four dwelling units, the transferor shall deliver to the prospective transferee the disclosure statement set forth in subsection (4).

    (2)

    Exceptions to the application of this section are set forth in Civil Code Section 1102.1.

    (3)

    The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10.

    (4)

    Disclosure Statement.

    LOCAL OPTION

    REAL ESTATE TRANSFER DISCLOSURE STATEMENT

    THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS _____

    (Address and APN)

    DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH COUNTY ORDINANCE CODE DIVISION 820 AS OF November _____, 1997. 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.

    I

    SELLERS 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) AS REQUIRED BY THE COUNTY OF CONTRA COSTA, 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.

    The County of Contra Costa permits and supports operation of properly-conducted agricultural operations and agricultural processing operations, as defined in the County's Right To Farm Ordinance (Division 820 of the County Ordinance Code), within the unincorporated area of the county. If the property you are purchasing is located in the unincorporated area of the county, near agricultural lands or operations, or included within an area zoned or designated by the County General Plan for agricultural purposes, including such operations located on publicly-owned land designated for park, recreation, open space, watershed, or other public purposes, you may be subject to inconveniences or discomfort arising from such operations. Such discomfort or inconveniences may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, solid amendments, seed, herbicides and pesticides. One or more of the inconveniences described may occur as a result of any agricultural operation or agricultural processing operation that is in conformance with existing laws and regulations and with proper and accepted customs and standards. Contra Costa County has determined that the use of real property for agricultural operations and agricultural processing operations is a high priority and favored use, and will not consider to be a nuisance those inconveniences or discomforts arising from such operations, provided such operations are established as set forth in the Right To Farm Ordinance and consistent with proper and accepted customs and standards.

    If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Contra Costa County has established a grievance procedure to help resolve any disputes which might arise between agricultural operators and their neighbors. This is only a summary of the Right To Farm Ordinance. If you wish further information about the meaning or effect of the ordinance or the grievance procedure set forth in it, please contact the Contra Costa County Community Development Department, at 651 Pine Street, 4th Floor, North Wing, Martinez, California, 94553.

    Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

    Seller _____ Date _____
    Seller _____ Date _____

     

    II

    BUYER INFORMATION

    BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

    I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

    Seller _____ Date _____
    Seller _____ Date _____
    Buyer _____ Date _____
    Buyer _____ Date _____

     

    Agent (Broker
    Representing Seller) _____
    Date________

      By ___________
    (Assoc. Licensee or Broker-Signature)
    Agent (Broker
    Obtaining the Offer) _____
    Date________

      By ___________
    (Assoc. Licensee or Broker-Signature)

     

    Present Assessor's Parcel Number:    -   -   

    A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(Ord. 97-38 § 2).