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Local
Requirements
Energy Conservation
(Ord. #72-82)
The Energy Conservation Ordinance requires the installation
of energy conservation measures in residential and income
properties. Properties being transferred must be inspected
by licensed energy inspectors. The inspection report and a
Certification of Compliance must be filed with the Bureau
of Building Inspection. The ordinance was amended on June
17, 1991, to include required water conservation measures,
which are now part of the inspection process as well.
Report of Residential Building Record
(Ord. #138-60)
A copy of this report must be provided to the buyer in every
transfer of a residential property. The report covers zoning,
building permits issued, number of legal units and other pertinent
information. I will order this report for you and provide
it for the Buyer's review, ensuring compliance. The cost of
this report is currently $52.50.
Smoke Detector Ordinance
(Ord. #386-84)
Every residence in San Francisco must be equipped with smoke
detectors. The requirements vary depending on the type and
size of the property. There is also a state law regarding
smoke detectors that applies to certain properties. I will
provide you with complete information on both laws.
Hazardous Wastes
(Ord. #253-86)
The ordinance applies to properties only in certain areas
of San Francisco. It requires that buyers be provided with
a copy of the entire ordinance and sign a receipt in return.
I will do the necessary research to determine whether this
ordinance applies to your property.
Rent Control
(Ord. #276-79)
This comprehensive ordinance may have a major impact in the
transfer of residential property in San Francisco. If not
strictly followed, it can create serious liability for landlords
and thus, it should be thoroughly understood as it relates
to each circumstance.
State
Requirements
Seller Disclosure Statement
(Civil Code Section 1102)
The seller of residential property (1-4 units) must give the
buyer a written statement disclosing in detail the condition
of the property and any known defects. The buyers may cancel
the contract if they are not satisfied with the information
contained therein.
Condominium Disclosure
(Civil Code Section 1730)
The seller must provide the buyer with a statement from the
Homeowners Association disclosing the financial status of
the building. This includes major maintenance or repair expenses,
planned assessments and delinquent assessments. This is not
applicable to the first sales after a subdivision or new construction.
(Civil Code Section 1134)
The first time a converted condominium is sold, the seller
must give the buyer a written statement disclosing any known
defects in the property and/or common areas.
Seller Financing Disclosure
(Civil Code Section 2956-67)
This law applies when the seller carries back a loan secured
by a deed of trust. It provides that both buyer and seller
sign a statement outlining the financing and credit arrangements,
including any prior liens, amount of payment, etc.
Federal
Requirements
FIRPTA
The Foreign Investment in Real Property Tax Act, requires
buyers to withhold ten percent of the gross sales price and
forward it to the IRS if the seller is a non-resident alien.
In order to avoid this, sellers must fill out an affidavit
as to their citizenship and residency status. Residential
properties selling for less than $300,000 may be exempt from
this law, if the buyer plans to occupy the property.
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