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Delivery of Governing Documents and Disclosures to Prospective Purchaser in a Common Interest Development

Any person offering to sell or lease lots or units in a common interest development (a community apartment project, condominium project, planned development, or stock cooperative) which requires a public report prior to the offering must make available the following documents to the prospective buyer or lessee before the execution of an offer to purchase or lease:
• the declaration of covenants, conditions, and restrictions;
• the articles of incorporation and bylaws for the association;
• any other instrument which establishes or defines the common, mutual, and reciprocal rights and responsibilities of the owners or lessees of interests in the development;
• the current budget and related financial statements of the association; and,
• a statement prepared by the governing body of the association regarding any outstanding delinquent assessments and related charges levied by the association against the subdivision interest the prospective purchaser (or lessee) is considering buying (or leasing).

In addition, the subdivider (or agent) must deliver to the purchaser or lessee copies of the foregoing documents prior to close of escrow.

(Business and Professions Code Section 11018.6)

 






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California Real Estate Laws & Disclosures

Relative to Sub-Divisions

  Prospective Purchaser
  Disclosure of Material Facts
  Statement of Defects
  Blanket Encumbrance
  Right to Recind
  Notices to Tenants

Financing Real Property

  Adj. Rate Loan Disclosure
  Disclosure By Agent
  Disclosures to Borrower
  Multi Lender Transactions
  Transfer of Loan
  Truth in Lending
  Disclosures to Lender
  Housing Discrimination Act
  Equal Credit Opportunity Act
  Loan Servicing
  Right to Appraisal
  Real Estate Settlement Act

Real Estate Agents

  Sale Price Information
  Visual Inspection
  Real Estate Commissions
  No Disclosure Required
  Agency Relationship Disclosure

Transfer of Real Property

  Water Heater Certification
  Structural Pest Control Inspection
  Disclosures Upon Transfer
  Retrofit and Thermal Insulation
  Foreign Investment Tax Act
  State Tax Withholding
  Registered Sex Offenders
  Lead-Based Paint Hazards
  Controlling Documents
  Title Insurance
  Smoke Detector

Transfer of Business Opportunity

  Bulk Transfer Law
  Ficticious Name
  Sales Tax Clearance
  Definition of Business Opportunity
  Franchise Investment Law
  Government Agencies
  Liquor License 

Misc

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