1.
The default for the Initial Deposit is for the buyer to bring a check directly to escrow.
2.
The new form “Possible Representation of more than One Buyer or Seller and Consent” (PRBS) is a replacement for the “Seller Advisory” (SA) form.
3.
The Loan Contingency and Appraisal Contingency are now both 21 Days.
4.
Removal of the Loan Contingency automatically removes the Appraisal Contingency.
5.
Credits to a Buyer from either Seller or the agents is limited by the amount that Buyer’s lender will allow.
6.
If a buyer checks the box for “All Cash Offer” but decides to get a loan anyway, the seller can refuse to cooperate with the buyer’s lender’s appraiser to appraise the property.
7.
The purchase agreement provides for a buyer to attach a Wood Destroying Pest Inspection (WPA) form to the contract if they want to do so.
8.
If the buyer is having a Structural Pest inspection, the buyer’s pest inspector is not automatically authorized to make invasive, boring holes unless required to prepare the Pest Control Report.
9.
If a seller completes the Statewide Buyer Seller Advisory (SBSA), then seller does NOT have to complete the Supplemental Statutory and Contractual Disclosures (SSD).
10.
While the law does not require a seller to disclose whether carbon monoxide devices have been installed as required by law, the purchase agreement now requires sellers to install such devices.
11.
If a seller attached a bookcase to a wall to keep it from tipping in an earthquake, it becomes a fixture and must be sold with the property.
12.
If the MLS and flyer states that the property has a washer and dryer, then it is included in the sale to buyer.
13.
If the property has a solar system, seller must disclose that the system is leased and the contract is contingent on buyer’s ability to assume that lease.
14.
The buyer is always required to repair any holes in walls from where audio/video component brackets were located.
15.
If a seller is required by law to complete a TDS, then the purchase agreement now requires the seller to also provide the Seller Property Questionnaire (SPQ) or, optionally, to also provide the SSD.
16.
If the seller does NOT have to complete a TDS, then there is no way to compel a seller to provide a SPQ.
17.
The buyer’s right to have an inspection by a Structural Pest Control Company is automatically allowed by the purchase agreement, unless the parties otherwise agree.
18.
The default time for delivery of the property to the buyer on the date of close of escrow is 5:00 p.m.
19.
If a buyer wants to request repairs or a credit, that request now must be made on a new form RRRR.
20.
If a buyer cancels the contract and sends to escrow a Buyer Demand For Release of Deposit (BDRP), the escrow holder is authorized to, but doesn’t have to, return buyer’s deposit if seller does not respond within 10 days.
21.
If the seller is a trustee selling trust property, that seller can make the new Representative Capacity Signature Addendum (RCSA) a part of the contract and this relieves the seller of having to sign as trustee in the contract and other documents.
22.
The escrow holder is now obligated to advise the agents if an Initial Deposit or Increased Deposit is not made as required by the purchase agreement.
23.
The buyer may not assign the purchase agreement to another without the written permission of the seller in a separate document.
24.
If a property is not in the MLS, there must be a separate written agreement between listing broker and buyer’s broker in order for buyer’s broker to have a claim to a commission.
25.
All agents should immediately start using the new November, 2014 Residential Purchase Agreement instead of the former version as soon as it is released for all newly written offers.