Buyer Initials ______ _______ - 1 - Seller Initials _______ _______ CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE
(NO BROKER)
For good and valuable consideration, the receipt and sufficiency of which is hereby ack nowledged,
,“Seller” whether one or more, and
,“Buyer” whether one or more,
do hereby covenant, contract and agree as follows:
1. AGREEMENT TO SALE AND PURCHASE: Seller agrees to sell, and Buyer agrees to buy from Seller the
property described as follows: (complete adequately to identify property)
County, California.
Address:
Legal Description (or see attached exhibit):
Or, being more specifically described by the numbering system in this area as: Lot , Block ,
Unit , Phase/Section , of Subdivis ion, as
recorded in Plat Book , page , County, California.
Together with the following items, if any: (Strike items to be retained by Seller) curtains and rods, draperies and
rods, valances, blinds, window shades, screens, shutters, awnings, wall- to-wall carpeting, mirrors fixed in place,
ceiling fans, attic fans, mail boxes, television antennas and satellite dish system with controls and e quipment,
permanently installed heating and air-conditioning units, window air-conditioning units, bui lt-in security and fire
detection equipment, plumbing and lighting fixtures including chandeliers, water softener, sto ve, built-in kitchen
equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and
maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipm ent, built-in
fireplace screens, artificial fireplace logs and all other property owned by Sell er and attached to the above described
real property except the following property which is not included (list items not included):
All property sold by this contract is called the "Property."
2. SALES PRICE: The parties agree to the following sales price:
Amount Amount
Purchase Price $
Earnest Money $
New Loan $
Assumption of Loan $
Seller Financing $
Cash at Closing $
Total ( both columns should be equal) $ $
Both columns should be an equal amount.
If the unpaid principal balance(s) of any assumed loan(s), if any, as of the Closing Date varies from the loan
balance(s) stated above, the cash payable at closing will be adjusted by the amount of a ny variance.
Buyer Initials ______ _______ - 2 - Seller Initials _______ _______ 3.
FINANCING: The following provisions apply with respect to financing:
CASH SALE: This contract is not contingent on financing.
OWNER FINANCING: Seller agrees to finance dollars of the purcha se price pursuant to
a promissory note from Buyer to Seller of $ , bearing % interest per annum, payable
over a term of years with even monthly payments, secured by a deed of tr ust or mortgage lien
with the first payment to begin on the day of , 20 .
NEW LOAN OR ASSUMPTION: This contract is contingent on Buyer obtaining financing. Within
days after the effective date of this contract Buyer shall apply for all financing or noteholder's
approval of any assumption and make every reasonable effort to obtain financing or assumption approval.
Financing or assumption approval will be deemed to have been obtained w hen the lender determines that
Buyer has satisfied all of lender's financial requirements (those items relating to B uyer's net worth, income
and creditworthiness). If financing or assumption approval is not obtained within days after the
effective date hereof, this contract will terminate and the earnest money will be refunded to Buyer. If B uyer
intends to obtain a new loan, the loan will be of the following type:
Conventional VA FHA Other:
The following provisions apply if a new loan is to be obtained:
FHA. It is expressly agreed that notwithstanding any other provisions of this co ntract, the Purchaser
(Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any
penalty by forfeiture of earnest money deposits or otherwise unless the Purchaser (Buyer) has been given in
accordance with HUD/FHA or VA requirements a written statement by the Federal Housing
Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value
of the Property of not less than $ . The Purchaser (Buyer) shall have the privilege and
option of proceeding with consummation of the contract without regard to the amount of the appraised
valuation. The appraised valuation is arrived at to determine the maximu m mortgage the Department of
Housing and Urban Development will insure. HUD does not warrant the va lue nor the condition of the
Property. The Purchaser (Buyer) should satisfy himself/herself that the pri ce and condition of the Property
are acceptable.
VA. If Buyer is to pay the purchase price by obtaining a new VA-guarant eed loan: It is agreed that,
notwithstanding any other provisions of this contract, Buyer shall not incur any penalty by forfeiture of
earnest money or otherwise be obligated to complete the purchase of the Property described herein, if the
contract purchase price or cost exceeds the reasonable value of the Property established by the Veterans
Administration. Buyer shall, however, have the privilege and option of proceeding with the consummation
of this contract without regard to the amount of the reasonable va lue established by the Veterans
Administration.
Existing Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the
loan documents (including note, deed of trust or mortgage, modifications) to Buye r within
calendar days from acceptance of this contract. This contract is conditi onal upon Buyer's review and
approval of the provisions of such loan documents. Buyer consents to the pr ovisions of such loan
documents if no written objection is received by Seller from Buyer within calendar days from
Buyer's receipt of such documents. If the lender's approval of a transfer o f the Property is required, this
contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan,
e x c e p t a s m a y b e a g r e e d b y B u y e r . I f l e n d e r ' s a p p r o v a l i s n o t o b t a i n e d o n o r b e f o r e
, this contract shall be terminated on such date.
The Seller shall shall not, be released from liability under such existing loan. If Seller is to be
released and release approval is not obtained, Seller may nevertheless elect to proceed to closing, or
terminate this agreement in the sole discretion of Seller.
Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory note in
favor of Seller or if an existing loan is not to be released at closing, this cont ract is conditional upon Seller's
Buyer Initials ______ _______ - 3 - Seller Initials _______ _______ approval of Buyer's financial ability and creditworthiness, which approva
l shall be at Seller's sole and
absolute discretion. In such case: (l) Buyer shall supply to Seller on or before ,
, at Buyer's expense, information and documents concerning Buyer's financial, employment and credit
condition; (2) Buyer consents that Seller may verify Buyer's financ ial ability and creditworthiness; (3) any
such information and documents received by Seller shall be held by Sell er in confidence, and not released
to others except to protect Seller's interest in this transaction; (4) if Sell er does not provide written notice of
Seller's disapproval to Buyer on or before ,
, then Seller waives this condition.
4. EARNEST MONEY: Buyer shall deposit $ as earnest money with upon
execution of this contract by both parties.
5. TRANSFER DISCLOSURE STATEMENT; NATURAL HAZARD DISCLOSURE STATEMENT; LEAD-
BASED PAINT HAZARD DISCLOSURES; AND OTHER DISCLOSURES WITH CANCEL LATION RIGHTS:
A. A Real Estate Transfer Disclosure Statement (“TDS”), Natural Hazar d Disclosure Statement (“NHD”), Federal
Lead- Based Paint Disclosures and pamphlet (“Lead Disclosures”), disclosure regarding industrial use (if Seller
has actual knowledge that Property is in, adjacent to, or affected by a zone or district allowing manufacturing,
commercial or airport use), and military ordnance disclosure (if Seller has a ctual knowledge that an area within
one mile of the Property is identified by federal or state authoritie s as an area once used for military training
purposes which may contain potentially explosive munitions) shall be completed and delivered, at least ten (10)
days prior to Closing, to the Buyer, who shall return signed copies to the Seller.
Seller indicates as follows:
Seller [has
] [does not have ] actual knowledge that the Property is in, adjacent to, or affected by a zone or
district allowing manufacturing, commercial or airport use. If the first box is checked, an ‘industrial use
disclosure’ will be given to Buyer.
Seller [has
] [does not have ] actual knowledge that an area within one mile of the Property is identified by
federal or state authorities as an area once used for military trainin g purposes which may contain potentially
explosive munitions. If the first box is checked, a ‘military ordnance disclosure’ will be given to Buyer.
B. In the event that Seller, prior to Closing, becomes aware of adverse conditions materially affecting the Property,
or any material inaccuracy in the disclosures, information or represe ntations previously provided to Buyer
(including those made in a TDS), of which Buyer is otherwise unaware, Seller shall promptly provide a
subsequent or amended disclosure, in writing, covering those items. However, a subsequent or amended
disclosure shall not be required for conditions and material inaccuracies disclo sed in reports received by the
Buyer.
C. Seller [has
] [does not have ] actual knowledge of any special tax on the Property levied pursuant to th e
Mello-Roos Community Facilities Act. If Seller has actual knowledge of the existence of said special tax,
Seller shall make a good faith effort to obtain a disclosure notice f rom any local agencies that levy said special
tax on the Property pursuant to said Act, and promptly deliver to Buyer any such notice ma de available by those
agencies. If Seller has actual knowledge of said tax, Seller’s best estim ate of the yearly total of said tax is:
$ .
D. If the TDS, the NHD, the Lead Disclosures (if applicable), industrial use disclo sure (if applicable), military
ordnance disclosure (if applicable), the Mello-Roos disclosure notice (if applic able) or any subsequent or
amended disclosure is delivered to the Buyer, the Buyer shall have until th e later of 14 days after the signing of
the Contract, or 14 days after the delivery of the notice(s), to inve stigate the disclosures and, if defective or
undesirable condition(s) are present, to either cancel the Contract by noti ce in writing on the basis of one or
more defective or undesirable conditions, or to request in writing that Seller remedy (if applicable) the defective
or undesirable condition(s). Upon receiving such request, Seller has 7 or days to remedy the defect(s) to
the satisfaction of Buyer, or cancel the Contract.
6. DISCLOSURES: At least 14 days prior to Closing, Seller shall disclo se if Property is located in any zone identified
Buyer Initials ______ _______ - 4 - Seller Initials _______ _______ in
6(A) and provide any other information required for those zones; if required by law, provide Buyer with the
disclosures and other information identified in 6(B); and, if applicable, take the actions specified in 6(C) and 6(D).
Buyer, within the time specified in 5(D), shall investigate the disclosures and the database described below, and take
the action specified in 5(D).
A. NATURAL HAZARD ZONE: Special Flood Hazard Areas; Potential Flood ing (Inundation) Areas; Very High
Fire Hazard Zones; State Fire Responsibility Areas; Earthquake Fault Zones; Seismic Hazard Zones; or any
other zones for which disclosure is required by law.
B. MISCELLANEOUS PROPERTY DISCLOSURES:
(i) "Homeowner's Guide to Earthquake Safety" & Earthquake Hazards Disclosure
If the residential dwelling was built prior to 1960 , Seller shall deliver to Buyer a copy of the "Homeowner's
Guide to Earthquake Safety" published pursuant to Section 10149 Bus. & Prof. of the Business and Professions
Code and complete the Earthquake Hazards Disclosure contained therein.
(ii) Smoke Detector Statement of Compliance
The Smoke Detector Statement of Compliance required by California He alth and Safety Code §13113.8(b) shall
be delivered by Seller to Buyer and the smoke detector(s) in the resi dential dwelling shall conform as indicated
in the Statement of Compliance.
(iii) Water Heater Certification Statement
The Seller, by signing this Contract, certifies to Buyer that all water heaters in use on the Property are braced,
anchored or strapped to resist falling or horizontal displacement due to earthquake motion in compliance with
California Health and Safety Code §19211.
(iv) Carbon Monoxide Alarm/Detector Certification Statement
The Seller, by signing this Contract, certifies to Buyer that one o r more Carbon Monoxide Alarms/Detectors
listed on the approved list maintained by the California State Fire Marsha l are located in the dwelling in
compliance with California Health and Safety Code §17926. The Buyer, by signing this contract, agrees that all
responsibility for compliance with California Health and Safety Code §17926 transfers to Buy er upon closing.
C.
(If checked) CONDOMINIUM/COMMON INTEREST SUBDIVISION: Prope rty is a unit in a
condominium or other common interest subdivision. Seller shall request from the HOA and shall furnish to
Buyer: copies of any documents required by law, disclosures of an y pending or anticipated claims against the
HOA, a statement containing the number and location of designated parking and storage space, copies of the
most recent 12 months of HOA minutes for regular and special meetings if available, and the names and contact
info of all HOAs governing the Property.
D. NOTICE OF VIOLATION: If, prior to Close of Escrow, Seller rece ives notice or is made aware of any notice
filed or issued against the Property for violations of any law, Seller shall imm ediately notify Buyer in writing.
E. DATA BASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about
specified registered sex offenders is made available to the public via an Int ernet Web site maintained by the
Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information
will include either the address at which the offender resides or the com munity of residence and ZIP Code in
which he or she resides.
7. CONDITION OF PROPERTY
SELLER’S DISCLOSURE OF LEAD -BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by
Federal law for a residential dwelling constructed prior to 1978. An addendum pr oviding such disclosure
is
attached
is not applicable.
Buyer Initials ______ _______ - 5 - Seller Initials _______ _______
Buyer hereby represents that he has personally inspected and examined the abov
e -mentioned premises and all
improvements thereon. Buyer hereby acknowledges that unless otherwise set forth in writing elsewhere in this
contract neither Seller nor Seller's representatives, if any, have made any representations concerning the present or
past structural condition of the improvements. Buyer and Seller agree to the following concerning the condition of
the property:
Buyer accepts the property in its "as-is" and present condition.
Buyer may have the property inspected by persons of Buyer's choosi ng and at Buyer's expense. If
the inspection report reveals defects in the property, Buyer shall no tify Seller within 5 days of
receipt of the report and may cancel this contract and receive a refund of earn est money, or close this
agreement notwithstanding the defects, or Buyer and Seller may renego tiate this contract, in the
discretion of Seller. All inspections and notices to Seller shall be compl ete within days after
execution of this agreement.
Buyer accepts the Property in its present condition; provided Seller, at Selle r’s expense, shall
complete the following repairs and treatment:
Buyer agrees that he will not hold Seller or its representatives responsi ble or liable for any present or future
structural problems or damage to the foundation or slab of said propert y. If the subject residential dwelling was
constructed prior to 1978, Buyer may conduct a risk assessment or insp ection for the presence of lead-based
paint and/or lead-based paint hazards, to be completed within days after execution of this agreement.
In the alternative, Buyer may waive the opportunity to conduct an assessment/inspection by indicating said
waiver on the attached Lead-Based Paint Disclosure form.
MECHANICAL EQUIPMENT AND BUILT IN APPLIANCES: All such equipment is sold
"as-is" without
warranty, or
shall be in good working order on the date of closing. Any repairs neede d to mechanical equipment
or appliances, if any, shall be the responsibility of
Seller Buyer.
UTILITIES: Water is provided to the property by , Sewer is provided
by . Gas is provided by .
Electricity is provided by .
Other:
The present condition of all utilities is accepted by Buyer.
8. CLOSING: The closing of the sale will be on or before , 20 , unless extended pursuant
to the terms hereof.
Closing may be extended to within 7 days after objections to matters di sclosed in the title abstract, certificate or
Commitment or by the survey have been cured.
If financing or assumption approval has been obtained, the Closing Date will be extended up to 15 days if necessary
to comply with lender's closing requirements (for example, appraisal, surve y, insurance policies, lender-required
repairs, closing documents). If either party fails to close this sale by the Closing Date, the non -defaulting party will
be entitled to exercise the remedies contained herein. The closing date may also be e xtended by written agreement of
the parties.
9. TITLE AND CONVEYANCE: Seller is to convey title to Buyer by Warranty Dee d
or (as
appropriate) and provide Buyer with a Certificate of Title prepared by an attorney, title or abstract company upon
whose Certificate or report title insurance may be obtained from a ti tle insurance company qualified to do and doing
business in the state of California. Seller will also execute a Bill of Sale, if necessary, for the transfer of any
Buyer Initials ______ _______ - 6 - Seller Initials _______ _______ personal property. Seller shall, prior to or at closing, satisfy all outstandin
g mortgages, deeds of trust and special
liens affecting the subject property which are not specifically assumed by Bu yer herein. Title shall be good and
marketable, subject only to (a) covenants, conditions and restrictions of r ecord, (b) public, private utility easements
and roads and rights- of-way, (c) applicable zoning ordinances, protective covenants and prior mine ral reservations,
(d) special and other assessments on the property, if any, (e) general taxes for the y ear and
subsequent years and (e) other: . A title report shall be
provided to Buyer at least 5 days prior to closing. If there are title defects, Seller shall notify Buyer within 5 days of
closing and Buyer, at Buyer's option, may either (a) if defects cannot be cured by designated closing date, cancel this
contract, in which case all earnest money deposited shall be returned, (b) accept title as is, or (c) if the defects are of
such character that they can be remedied by legal action within a reasonable time , permit Seller such reasonable time
to perform curative work at Seller's expense. In the event that the curative work is performed by Seller, the time
specified herein for closing of this sale shall be extended for a reasonable period necessary for such action. Seller
represents that the property may be legally used as zoned and that no gov ernment agency has served any notice to
Seller requiring repairs, alterations or corrections of any existing condition e xcept as stated herein.
10. APPRAISAL, SURVEY AND TERMITE INSPECTION: Any appraisal of th e property shall be the responsibility
of
Buyer Seller. A survey is: not required required, the cost of which shall be paid by Seller
Buyer. A termite inspection is not required required, the cost of which shall be paid by Seller Buyer.
If a survey is required it shall be obtained within 5 days of closing.
11. POSSESSION AND TITLE: Seller shall deliver possession of the Property to Buyer at closing. Title shall be
conveyed to Buyer, if more than one as
Joint tenants with rights of survivorship, tenants in common,
Other: Prior to closing the property shall remain
in the possession of Seller and Seller shall deliver the property to Bu yer in substantially the same condition at
closing, as on the date of this contract, reasonable wear and tear excepted.
12. CLOSING COSTS AND EXPENSES: The following closing costs shall be paid as provided. (Leave blank if the
closing cost does not apply.)
Closing Costs Buyer Seller Both*
Attorney Fees
Title Insurance
Title Abstract or Certificate
Property Insurance
Recording Fees
Appraisal
Survey
Termite Inspection
Origination fees
Discount Points
If contingent on rezoning, cost and expenses of rezoning
Other:
All other closing costs
* 50/50 between buyer and seller.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents, if any, will be
prorated through the Closing Date. If taxes for the current year var y from the amount prorated at closing, the parties
shall adjust the prorations when tax statements for the current year are available. If a loan is assumed and the lender
maintains an escrow account, the escrow account must be transferred to B uyer without any deficiency. Buyer shall
reimburse Seller for the amount in the transferred account. Buyer shall pa y the premium for a new insurance policy.
If taxes are not paid at or prior to closing, Buyer will be obligated to pay ta xes for the current year.
Buyer Initials ______ _______ - 7 - Seller Initials _______ _______ 14. CASUALTY LOSS: If any part of the Property is damaged or
destroyed by fire or other casualty loss after the
effective date of the contract, Seller shall restore the Proper ty to its previous condition as soon as reasonably
possible. If Seller fails to do so due to factors beyond Seller’s control, Buyer may either (a) terminate this contract
and the earnest money will be refunded to Buyer, (b) extend the time for performance and the Closing Date will be
extended as necessary, or (c) accept the Property in its damaged c ondition and accept an assignment of insurance
proceeds.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may, either (a) enforce
specific performance (if allowed by law), seek such other relief as may be provided by law, or both, or (b) terminate
this contract and receive the earnest money (to a maximum of 3% of the purchase price) as liquidated damages
thereby releasing both parties from this contract. If, due to factors bey ond Seller’s control, Seller fails within the
time allowed to make any non-casualty repairs or deliver evidence of clean title, Buyer may either (a) extend the
time for performance up to 15 days and the Closing Date will be extend ed as necessary or (b) terminate this contract
as the sole remedy and receive a refund of the earnest money. If Se ller fails to comply with this contrac t for any
other reason, Seller will be in default and Buyer may either (a) enfo rce specific performance (if allowed by law),
seek such other relief as may be provided by law, or both, or (b) te rminate this contract and recover the earnest
money, thereby releasing both parties from this contract.
16. ATTORNEY'S FEES: The prevailing party in any legal proceeding bro ught under or with respect to the transaction
described in this contract is entitled to recover from the non-prevail ing party all costs of such proceeding and
reasonable attorney’s fees.
17. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or
security interests against the Property which will not be satisfied out o f the sales proceeds unless securing payment
of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation in this contract is
untrue on the Closing Date, this contract may be terminated by Buyer and the earnest money will be refunded to
Buyer. All representations contained in this contract will survive closing.
18. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to
deliver an affidavit that Seller is not a "foreign person", then Buye r shall withhold from the sales proceeds an
amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together
with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is
received in the transaction.
19. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed
except by their written agreement.
20. NOTICES: All notices from one party to the other must be in writin g and are effective when mailed to, hand-
delivered at, or transmitted by facsimile machine as follows:
To Buyer at: To Seller at:
Telephone ( ) Telephone ( )
Facsimile ( ) Facsimile ( )
21. ASSIGNMENT: This agreement may not be assigned by Buyer without th e consent of Seller. This agreement may
be assigned by Seller and shall be binding on the heirs and assigns of the parties hereto.
22. PRIOR AGREEMENTS: This contract incorporates all prior agreements be tween the parties, contains the entire and
final agreement of the parties, and cannot be changed except by their writte n consent. Neither party has relied upon
Buyer Initials ______ _______ - 8 - Seller Initials _______ _______ any statement or representation made by the other party or any
sales representative bringing the parties together.
Neither party shall be bound by any terms, conditions, oral statements, warr anties, or representations not herein
contained. Each party acknowledges that he has read and understands this contra ct. The provisions of this contract
shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto.
When herein used, the singular includes the plural and the masculine includes the feminine as the context may
require.
23. NO BROKER OR AGENTS: The parties represent that neither party has employed the services of a real estate
broker or agent in connection with the property, or that if such agents ha ve been employed, that the party employing
said agent shall pay any and all expenses outside the closing of this agreement.
24. EMINENT DOMAIN: If the property is condemned by eminent domain after the effec tive date hereof, the Seller
and Buyer shall agree to continue the closing, or a portion thereof, or cancel this Contract. If the parties cannot
agree, this contract shall
remain valid with Buyer being entitled to any condemnation proceeds at or after
closing, or
be cancelled and the earnest money returned to Buyer.
25. OTHER PROVISIONS:
26. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.
27. GOVERNING LAW: This contract shall be governed by the laws of the State of California.
28. LINE LIST ( Optional) (complete all that apply ). Based on other provisions of Contract.
Deadline Date
Loan Application Deadline, if contingent on loan
Loan Commitment Deadline
Buyer(s) Credit Information to Seller
Disapproval of Buyers Credit Deadline
Survey Deadline
Title Objection Deadline
Appraisal Deadline
Property Inspection Deadline
Whether or not listed above, deadlines contained in this Contract may be extended informa lly by a writing signed by
the person granting the extension, except for the closing date which must be extended by a writin g signed by both
Seller and Buyer.
EXECUTED the day of , 20 (THE EFFECTIVE DATE).
Buyer Seller
Buyer Seller
Buyer Initials ______ _______ - 9 - Seller Initials _______ _______
EXHIBIT FOR DESCRIPTION OR ATTACH SEPARATE DESCRIPTION
RECEIPT
Receipt of Earnest Money is acknowledged.
Signature: Date: , 20
By:
Telephone ( )
Address
Facsimile ( ) City State
Zip Code
Seller’s California Civil Code Section 1102.155 Required Disclosure
1. This addendum is a written disclosure required by the California Civil Code, Section 1102.155.
Section 1101.4 of the Civil Code requires that California single-family residences be equipped
with water-conserving plumbing fixtures on or before January 1, 2017, and shall disclose
whether the property includes any noncompliant plumbing fixtures.
Are there any noncompliant plumbing fixtures on the property? YES [ ] No [ ]
If YES, describe location: _________________________________________________
2. The seller hereby affirms that this representation is that of the seller and not a representation of any
agent, and that this disclosure is not intended to be part of any contract between the buyer and the seller.
3. The seller further affirms that this disclosure is not a warranty of any kind b y the seller or any agent
representing any principal in the transaction and is not a substitute for any inspections that or warranties
any principal may wish to obtain.
______________________________________ ___________________________________
Printed name of Seller Printed name of Seller (if more than one)
______________________________________ ___________________________________
Signature of Seller Date Signature of Seller Date
THIS IS A SEPARATE INSTRUCTION PAGE REGARDING LEAD-BASED PAINT DISCLO
SURE
THIS PAGE IS NOT PART OF THE CONTRACT. IT IS PROVIDED BY USLF TO
AID THE SELLER IN COMPLYING WITH FEDERAL LEAD-BASED PAINT
DISCLOSURE LAW, FOR HOUSES BUILT PRIOR TO 1978.
* * *
IM PORTANT!!!
NOTES CONCERNING LEAD-PAINT DISCLOSURE REQUIREMENTS
Introduction: If the dwelling was constructed PRIOR TO 1978, federal law REQUIRES a L ead-Based Paint
Disclosure Form to be attached to the sale contract, completed and signed by the seller and purchaser. If the dwelling
was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the
disclosure form. Whenever the form is used, the seller must also give the purchaser the EPA lead-based paint
pamphlet discussed below. Sellers must retain a copy of the signed di sclosure form for no less than three years from
the date the sale closes.
Background: To protect families from exposure to lead from paint, dust, and soil, Congre ss passed the Residential
Lead-Based Paint Hazard Reduction Act of 1992. HUD and EPA require the disc losure of known information on
lead -based paint and related hazards before the sale of most housing built before 1978.
Requirements: Before the sale contract becomes enforceable, sellers must fully comply wit h lead-paint disclosure
law. Compliance is accomplished by:
(1) Fully completing and delivering to the buyers, as an attachment to the contract, the L EAD-BASED
PAINT DISCLOSURE form (the buyers also initial and sign this form), and
(2) Giving the buyers the EPA pamphlet entitled "Protect Your Family From Lead In Y our Home." (See the
download link for the pamphlet, below.)
Purchase the Disclosure Form: If you need to purchase a Lead-Based Paint Disclosure Form, you can easily do so
using USLF.
http://www.uslegalforms.com/lead-paint-disclosure-forms.htm Click this link (or copy it into the
address window of you internet browser) and select your state. Two forms will be accessed. You wa nt the “LEAD1”
form, for sales transactions (not the “LEAD2” form for rentals). Click the “Information and Preview” link for more
info on the form, and then order the form.
The Free EPA Pamphlet: The seller must give the buyer the EPA-approved information pamphlet on identifying
and controlling lead-based paint hazards entitled "Protect Your Family From Le ad In Your Home." You may obtain
and print this pamphlet free by clicking the following download link (or copying the link into t he address window of
your internet browser):
http://www.epa.gov/lead/pubs/leadpdfe.pdf
The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely
circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from
http://www.adobe.com/products/acrobat/readstep2.html . The download is quick and easy.
* * *
~ Thank you for using USLF ~
