Common California Real Estate Documents
Lead-Based Paint Disclosure
A federally mandated disclosure required for homes built before 1978, informing buyers of the potential presence of lead-based paint and associated health hazards.
Loan Estimate
A standardized federal disclosure form provided by the lender within 3 days of loan application, detailing estimated loan terms, interest rate, monthly payment, and closing costs.
Local Disclosure Forms
City or county-specific disclosure forms required by local ordinances, which may include earthquake retrofit compliance, energy efficiency, water heater strapping, or rental restrictions.
Market Conditions Advisory
An advisory form that educates sellers about current market conditions, pricing strategies, and factors that may affect the sale of their property.
Megan's Law Database Disclosure
A disclosure advising buyers of the existence of a state database of registered sex offenders and providing information on how to access it.
Natural Hazard Disclosure Statement
A statutory disclosure identifying whether a property is located within various natural hazard zones including flood, fire, earthquake fault, and seismic hazard areas.
Notice to Buyer to Perform
A notice from the seller demanding that the buyer perform a contractual obligation (such as removing contingencies or depositing funds) within a specified time period.
Notice to Seller to Perform
A notice a buyer sends when the seller has not delivered a required item or performed a contractual obligation, starting a clock the seller must act within or risk the buyer canceling.
Pre-Approval Letter
A letter from a lender stating that a buyer has been preliminarily approved for a mortgage loan up to a specified amount, subject to property appraisal and final underwriting.
Pre-Close Occupancy Agreement
An agreement allowing the buyer to occupy the property before close of escrow, typically in exchange for a daily rent payment to the seller.
Preliminary Change of Ownership Report
A state-required form filed alongside the deed at recording that reports the sale to the county assessor for property tax reassessment purposes.
Preliminary Title Report
A report issued by a title company showing the current ownership, liens, encumbrances, easements, and other matters affecting title to the property.
Probate Court Confirmation Documents
Documents required when selling a property through probate court, including the petition to sell, court confirmation hearing, and overbid procedures.
Proof of Funds
Documentation verifying a buyer has sufficient liquid assets to complete the purchase, typically in the form of bank statements or a letter from a financial institution.
Receipt for Increased Deposit
A form documenting the receipt of additional earnest money deposit beyond the initial deposit specified in the purchase agreement.
Release of Deposit
A written instruction to escrow authorizing the release of the earnest money deposit to a specific party, required whenever a transaction cancels and the deposit needs to be disbursed.
Request for Repair
A formal request from the buyer asking the seller to make repairs, provide credits, or take other actions based on inspection findings or disclosed defects.
Residential Listing Agreement
The contract between a seller and their listing agent that establishes the terms of representation, commission structure, and marketing authorization for selling a property.
Seller in Possession Agreement
An agreement allowing the seller to remain in the property after close of escrow for a specified period, typically in exchange for a daily rent or holdover fee.
Seller Net Sheet
An estimated calculation showing the seller's projected net proceeds from the sale after deducting all costs, commissions, and payoffs.
Seller Property Questionnaire
A detailed questionnaire completed by the seller disclosing known conditions, defects, repairs, and material facts about the property.
Seller's Affidavit of Nonforeign Status (FIRPTA)
A federal affidavit in which the seller certifies whether they are a foreign or non-foreign person for tax purposes, determining whether the buyer must withhold a portion of the sale proceeds under FIRPTA.
Short Sale Documents
Documents required when the property is being sold for less than the amount owed, requiring lender approval and including specific addenda and timelines.
SMCO
The form a seller signs to finalize which buyer's signed counter offer they're accepting, required whenever a Seller Multiple Counter Offer (SMCO) was used to negotiate with more than one buyer at once.
Smoke and Carbon Monoxide Detector Compliance
A disclosure and compliance form regarding the seller's obligation to ensure the property has operable smoke detectors and carbon monoxide detectors as required by California law.
Statement of Information
A form completed by buyers and sellers providing personal information that helps the title company identify and clear judgments, liens, or other matters affecting title.
Statewide Buyer and Seller Advisory
A comprehensive advisory document covering numerous topics buyers and sellers should investigate, from property conditions to neighborhood issues to legal considerations.
Supplemental Statutory and Contractual Disclosures
A CAR-standard form covering additional statutory disclosures not addressed elsewhere in the standard disclosure package, including Mello-Roos, military ordnance areas, and industrial use zones.
