The purchase agreement is a document used to outline the terms and conditions of the purchase of certain properties. It provides information about the seller and buyer, a description of the property, the purchase price and financing, and other terms and conditions of the property transfer.
By signing the California purchase agreement, the parties are not transferring any legal rights to each other. However, this document is essential because it outlines the conditions that have to be met before the seller can transfer ownership of a certain property to the buyer.
California Purchase and Sale Agreement Form
The California purchase agreement is a document one party, called the seller, uses to determine the terms and conditions of the property transfer with the other party, the buyer. Parties can use the California purchase agreement for motor vehicles, businesses, real estate, or any other kind of property transfer.
This document is also known as:
Other Names for California Purchase Agreement
California sale and purchase agreement
California purchase and sale agreement
California sale and purchase contract
California purchase agreement pdf
California sales contract
However, it all refers to one document that provides the terms and conditions for the property transfer in California.
Purchase Agreement California Laws & Requirements
California legislation doesn’t provide any unique legal requirements for the purchase agreement template. However, there are several disclosures you must include in your California sale and purchase contract.
Purchase Agreement Required Disclosures in California
Here, you can find all the disclosures that must be included in your California purchase agreement.
Mandatory Disclosures
Lead-Based Paint Disclosure. According to 42 U.S. Code § 4852d, the seller must disclose the presence of any lead-based paint to the buyer of the property. This is mandatory for any property built before 1978 or if there is a known presence of lead-based paint.
Community Facilities District. If the transferred property is located in the Mello-Ross district, the seller must inform the buyer about the special tax arrangement connected to this area.
Environmental Hazards Disclosure. The seller is required to provide information about the environmental hazard that is affecting the real property. (§ 2079.7)
Fire Detector Compliance. The seller should provide the buyer with a statement that they are complying with the fire detector requirements provided in Section 13113.8. This is required only for single-family dwellings and factory-built housing.
Earthquake Safety. The seller should inform the buyer if the property has any earthquake damage and provide them with the Homeowner’s Guide to Earthquake Safety.
Sexual offenders. Every purchase agreement in California must include the Megan’s Law clause regarding sexual offenders. (§ 2079.10a(a)(3))
Death on Premises. The seller must disclose to the buyer the information about the death at the transferred property if it happened less than three years before the inquiry unless the occupant of the property was living with HIV or died from AIDS-related complications. (§ 1710.2)
Military Ordnance. If the property is located near a military base, the seller must disclose information about the property's location in relation to the base. (§ 1102.15)
Common Types of Purchase Agreements in California
This section provides all the types of purchase agreements used in California.
Types of California Purchase Agreements
Residential real estate purchase agreement. Parties use this type of purchase agreement to determine the conditions for selling and purchasing a house, apartment, or other kinds of property used for residential purposes.
Commercial real estate purchase agreement. Buyers and sellers can use it to sell and purchase office spaces, warehouses, manufacturing facilities, and other kinds of commercial properties.
Vehicle purchase agreement. This document is used for outlining the terms of transferring a car, motorcycle, truck, or any other kind of motor vehicle. It’s also known as the motor vehicle bill of sale.
Business purchase agreement. Buyers and sellers can use it to provide terms for transferring the company from the seller to the buyer.
Land purchase agreement. Parties can use it to provide terms for selling and purchasing agricultural, residential, commercial, or other kinds of land in California.
Stock purchase agreement. This document is used to sell stocks and shares in companies.
Purchase Agreement in California FAQ
Yes, the California purchase agreement is effective and binding once both the seller and the buyer sign it.
Yes, the purchase price is a crucial element of the California purchase agreement. Therefore, you must include it when drafting your document.
No, the parties can sign the document without notarizing it. This is due to the fact that the California purchase agreement does not transfer any legal rights.
Yes, the seller can back out of the purchase agreement only if the buyer fails to meet the contingencies provided in the document.