Some expectations will need to be set for sellers whose home will remain on the market this holiday season and through the new year:
1. Do not keep your home listed if you don't need to.... Or do and get all of the serious buyers before the end of the year!
Often times when we relish in the moments of the season we tend to find our homes and our lives a little more busy and full of decor. This can be more overwhelming when you get the call that there is an agent that would like to show your home in 1 hour. Stay calm and do you best to straighten up but overall we as real estate professionals need to be sensitive to the time of year. Whereas the sellers and home owners should be pleased knowing the simple truth; that if that buyer is looking to buy a home right now, they are most likely more serious! That being said it is not a bad idea to skip the stress and relatively slow market time to enjoy the holidays with out interruption. Many homeowners tend to remove their home from the market until the new year where they can get fresh exposure. Re-listing your home often attracts new and returning buyers in full almost instantly. Refresh the photography and the verbiage and get a new clean start.
2. Ditch the holiday decor or make it NEAT~
Staging your home at its holiday best can ultimately backfire if your sense of staging comes off as overdone or tacky to a buyer. If your goal is to sell you home, please take the simple route and decorate minimally. Helpful Hint: If you have a dining room, stage it for a holiday dinner - many buyers are attracted to a whole house simply focused around their holiday dining dreams. Help them visualize their first hosted holiday at their new home!
3. Set a clear "no show" dates and times with agents.
When the holiday calendar begins to fill, the remarks your agent makes on the MLS can help you to accommodate the interested buyers more conveniently. Nothing worse than telling and anxious buyer no the day of. Set clear and reasonable no show dates and let the agents do the rest! Keep them to a minimum to maximize your opportunity though!
4. Always expect some inconvenience.
Have realistic expectations... Some buyer is highly likely to track rain, leaves or mud into your house, at some point. If you're home for the showing when these things will happen, so stay calm. The upside is that a very motivated buyer-to-be may also write you an offer.
5. Stage their senses to overload.
Spiced cider, pumpkin pie and baked cinnamon scents are about as universally comforting as it gets. It wouldn't hurt to do some sensory staging and create sense of comfort and cheer as buyers walk into your home. Try no hassle plug-ins or scented oil stick jars but please do not leave candles burning or unattended should you use them.
Now tell me: Can you feel the cozy inviting appeal of this home home for sale?
Thursday, December 2, 2010
Tuesday, November 23, 2010
Happy Thanksgiving
Dear Clients and Friends:
Thanksgiving is a time to stop and reflect on what we are grateful for in life: Health, family, love, and friendship. As we gather with our families and friends for Thanksgiving, it is a time to reflect on all that we are grateful for including the events of history and for those we care about and those who came before us.
"As we express our gratitiude, we must never forget that the highest appreciation is not to utter words, but to live by them." -John F. Kennedy
I personally wish everyone and their families a Happy Thanksgiving.
Nicole McFadden
Thursday, November 11, 2010
3.8% Real Estate Investment Tax
Great reseource to help outline where the government will be earning money for their Medicare Initiative and Fund. Basically you will be taxed 3.8% on the money you earned from your money on the investment. Then an additional 0.9% will be imposed in the labor that earns your living (commissions, salary & wages)
Please read more and be aware of how this may effect you and your family. Be sure to share this resource and help others be knowledgeable on the topic before they are effected by it!
3.8% NAR-1077_Investment_Income_Tax_Brochure_8.5x11_r7.indd”
To discuss this or your real estate needs further please call me directly, 949.922.8148.
Please read more and be aware of how this may effect you and your family. Be sure to share this resource and help others be knowledgeable on the topic before they are effected by it!
3.8% NAR-1077_Investment_Income_Tax_Brochure_8.5x11_r7.indd”
To discuss this or your real estate needs further please call me directly, 949.922.8148.
Wednesday, November 10, 2010
Avenue One & Local Area 2010 Market Trends
Rancho San Joaquin Zillow Home Value Index
Homes values although effected by the amount of distressed sales in this area have remained relatively neutral. In speaking with homeowners throughout the Avenue One community they are having a hard time acknowledging the necessity of holding onto their investments or homes until this market recovers. With the luxurious and convenient on-site amenities and ease of life style they are not having any trouble leasing their homes until such time.
If you have any questions or are interested in investing within the Avenue One community please call me directly and I will be happy to work with you on finding a place to call home, 949.922.8148.
Tuesday, November 2, 2010
San Juan Capistrano, CA REO Opportunity
I can across this great property that has the potential to be a fabulous family residence. This home however will require full completion on the interior and some landscape renovation. The parcel of land and the location with in the Orange County area lend themselves to privacy and great access to the freeways and toll roads. With an asking price of $537,900 and the close date for offers to be submitted as November 4, are there any interested parties who have been waiting for the right home, at the right price to make all their own?
San Juan REO Opportunity 11.2.10
San Juan REO Opportunity 11.2.10
You can call or email me directly to learn more information and or visit the property together, 949.922.8148.
Monday, November 1, 2010
What does a buyer typically pay for in a transaction?
Buyer Responsibilities in a typical Real Estate Transaction:
The buyer can generally be expected to pay for:
The buyer can generally be expected to pay for:
- - Title insurance Premium for Lender´s Policy
- - Escrow Fee (one half)
- - Document preparation (if applicable)
- - Notary Fees
- - Recording charges for all documents in buyers names
- - Termite inspection Section 2 Items (according to contract)
- - Tax proration (from date of acquisition)
- - Homeowners transfer fee
- - All new loan charges (except those required by Lender for seller to pay) interest on new loan from date of funding to 30 days prior to first payment date Assumption/Change of Records fees for takeover of existing loan.
- - Beneficiary Statement Fee for assumption of existing loan
- - Inspection Fees (roofing, property inspection, geological, etc.)
- - City Transfer/Conveyance Tax (according to contract)
- - Fire Insurance Premium for first year
To discuss this and any real estate questions please contact Nicole, 949.922.8148.
Thursday, October 28, 2010
Monday, October 25, 2010
NAR: Orange County Median Home Price
NAR just published the typical mortgage payment for the median priced home in 2005 versus 2010.
One example: buying a median priced home in the Orange County Metro Area in 2010 would have a monthly mortgage payment that is $1,248.00 less than a person buying a median priced home in 2005. The 38% lower payment is due to lower mortgage rates and lower prices.
Thursday, September 23, 2010
Please Enjoy: Real Estate Copywriting Hints
I received this email from a friend who works in the marketing industry. I like to keep things fun and light hearted so felt it appropriate to share it with you. These are obvious phrases that are or have been used in the verbiage of marketing a home. Please respect that they are for the purpose of shining a comical light on said interpretations.
Great copywriting to HELP you understand how your Realtor feels about your home:
• Old charmer – an old and ugly house
• Stunning house – the house is not ugly
• Tudor – two bedrooms are in the attic which is not insulated; very hot in summer and very cold in winter
• Cape Cod – styled after Third World slum dwellings
• Sunny corner lot – noisy intersection of two busy streets
• Easy freeway access – noisy arterial street close to freeway
• Low maintenance lot – no yard; the kids will have to play in the street
• Meticulously maintained in the original condition – the appliances are 50 years old
• Ready to remodel – the house is about to collapse; you will have to invest twice the asking price in remodel before you can move in
• Newly remodeled kitchen – 50-year old cabinetry and faucets have been replaced with cheap modern equivalents
• Ready to move in – the interior has been painted with one coat of cheap paint
• Desirable neighborhood – this little house is extravagantly overpriced because the neighborhood has a snobbish reputation
• 1-car garage – you can drive your Ford Escort into the garage but there is no room to open the door
• In-city living – it is not safe to walk in this neighborhood after dark
• Recreation room with wet bar – basement has been painted and has a faucet
• Large family room – large basement
• Bedroom in basement – basement has a 1′ by 2′ window
• Lots of storage space – basement too small to be called a family room
• Partial mountain view – you can see the tip of Mt. Olympus if you climb the roof
• Territorial view – good view of your neighbor’s bedroom window
• Build sweat equity – the house is not inhabitable
• Storybook – the house is old and the roof is not flat
• Efficiently designed kitchen – the kitchen is too small to fit two people at the same time
Great copywriting to HELP you understand how your Realtor feels about your home:
• Old charmer – an old and ugly house
• Stunning house – the house is not ugly
• Tudor – two bedrooms are in the attic which is not insulated; very hot in summer and very cold in winter
• Cape Cod – styled after Third World slum dwellings
• Sunny corner lot – noisy intersection of two busy streets
• Easy freeway access – noisy arterial street close to freeway
• Low maintenance lot – no yard; the kids will have to play in the street
• Meticulously maintained in the original condition – the appliances are 50 years old
• Ready to remodel – the house is about to collapse; you will have to invest twice the asking price in remodel before you can move in
• Newly remodeled kitchen – 50-year old cabinetry and faucets have been replaced with cheap modern equivalents
• Ready to move in – the interior has been painted with one coat of cheap paint
• Desirable neighborhood – this little house is extravagantly overpriced because the neighborhood has a snobbish reputation
• 1-car garage – you can drive your Ford Escort into the garage but there is no room to open the door
• In-city living – it is not safe to walk in this neighborhood after dark
• Recreation room with wet bar – basement has been painted and has a faucet
• Large family room – large basement
• Bedroom in basement – basement has a 1′ by 2′ window
• Lots of storage space – basement too small to be called a family room
• Partial mountain view – you can see the tip of Mt. Olympus if you climb the roof
• Territorial view – good view of your neighbor’s bedroom window
• Build sweat equity – the house is not inhabitable
• Storybook – the house is old and the roof is not flat
• Efficiently designed kitchen – the kitchen is too small to fit two people at the same time
Tuesday, September 21, 2010
Just Closed-Irvine Airport Area- Commercial Office
Just Leased
3,900 sqft.
23 Work Stations
7 private Offices
Please call or email Nicole directly to learn more about the commercial market in Orange County!
949.922.8148
nicole@nicolemcfadden.com
Saturday, September 11, 2010
Great Home In Laguna Hills, CA
$475,000
4 Bedrooms
2 Bathrooms
Detached Single Family Residence
Private, Large, Corner, Flag Shaped Lot
Seller is highly motivated and it is NOT a Short Sale.
Call Nicole to schedule a showing, 949.922.8148.
Thursday, September 2, 2010
Who am I?
As I begin to blog more regularly I want to try and keep it as much business as unique!!!
We always want to know who our friends are or what makes a person so busy, happy, driven and dedicated to their lives. I think knowing about me and what my life consists of will help you know why I am known for being so dedicated and driven to make sure not only my clients but close friends and family are happy and have all the help they need.
To make it brief I chose to list the qualities I feel are important. I can very easily write a book or a few paragraphs but I prefer to keep the posts brief so that you can read and respond! I hope everyone has a wonderful remainder of the week and a safe holiday weekend!
We always want to know who our friends are or what makes a person so busy, happy, driven and dedicated to their lives. I think knowing about me and what my life consists of will help you know why I am known for being so dedicated and driven to make sure not only my clients but close friends and family are happy and have all the help they need.
I am:
-A Daughter
-A Sister
-A Bride to Be
-A Friend
-A Realtor
-A Traveler
-An Organized Person
-An Honest Person
-Educated
-Passionate
-Professional
-Fun
-A Good Driver
-A Good Listener
-A Former Teacher
Monday, August 30, 2010
Would you Text Messaging or SMS your Realtor?
I have been meaning to write a post regarding the effectiveness and popularity of Text Messaging within the real estate industry and society at large.
What is Text Messaging or SMS?
- Text messaging is also referred to as Short Message Service or SMS. This feature is common on most mobile cellular devices and allows for mobile devices to send and receive brief messages containing communicative information.
Who is using this?
- Most generations have begun to utilize this easy exchange of written messages between mobile devices. However in business Realtors are now utilizing this feature in order to schedule and coordinate appointments with clients, Realtors and service providers.
When did this begin?
- I have noticed and increase in communication with my clients and business associates in the past year. I felt prior to this it was almost not expected and therefor reserved for personal social use.
Why?
- This form of communication allows for short messages to be relayed often times quicker than a common voicemail or email will be. There is no retrieval system as it comes directly to your mobile device for viewing. (My favorite feature!) I also like how well this allows me to track my messages, contact information and simple direct communication from my clients at often times off hours.
This new phenomena had occurred to me about a year ago when my clients began contacting me in the evenings via text messages. I was a shocked at first being that this form of communication was reserved for my family and friends. However, I very quickly became pleased with the amount of respect I felt I had gained by them not choosing to call me after the 8:00 p.m. hour in the evening. Now that I have experienced other agents utilizing this to communicate for showings, I truly see the importance for allowing and accepting this form of communication on my listings. I received my first agent having scheduled their showing with my via text this weekend. I am very pleased with the importance and ease this adds to scheduling and communicating more efficiently and effectively in my career.
Friday, August 27, 2010
Pocket Listing in Laguna Hills
Laguna Hills, CA
4 Bedrooms
2 Baths
Private Corner Lot
Over $80,000 in recent upgrades
Call Nicole for more information 949.922.8148
Wednesday, August 11, 2010
First-Time Homebuyer Deadline 8/15/2010
Just a reminder that the first-time home buyers have until this Sunday to submit their application for the state credit.
Tuesday, August 3, 2010
CA Real Estate Headlines
I like to share these documents with you to collectively look at the market throughout California. We are seeing strategic defaulting and increased opportunity within the short sale markets. The opportunity comes with the more streamlined process most large banks now have in place. These articles from numerous publishers and newspapers are surely supporting the efforts not only state wide, but nation wide! This is all great news on the recovery home front but what happens to our high end luxury market when the capital gains taxes and taxes on the wealthy begin to effect local Californians. I am curious how this market will be treated and potentially escape the long term effects of the higher taxes.
If you take a few minutes to read through this document below, I would enjoy having you leave a comment. The power of communication in business and on change is incredible!
Beyond the Headlines 8.3.10
If you take a few minutes to read through this document below, I would enjoy having you leave a comment. The power of communication in business and on change is incredible!
Beyond the Headlines 8.3.10
Monday, August 2, 2010
Just Listed
307 Willapa Lane
Diamond Bar, CA
Large flag shaped lot at the end of a cul-de-sac with great back yard.
Plenty of room to play in the wrap around back yard.
Seller expanded rear of house to create a large great room/open floor plan.
Neutral tile and decor throughout.
Please call Nicole directly to discuss this listing or to schedule a showing, 949.922.8148.
Friday, July 30, 2010
Just Closed: Orange Portofira Estate
Guard Gated Community of Portofira Estates
5 Bedrooms, 5 Baths
4,450 sqft.
Entertainers Back Yard with panoramic views of O.C.!
For more information on this community or to discuss this closing please contact Nicole directly, 949.922.8148, or comment on this post below.
Tuesday, July 27, 2010
Pending Lease: Commercial Suite
Irvine's Airport Area
3,900 sqft.
Premier office suite
I have dedicated the last year to providing not only my friends, but my referral customers with great office spaces. The time is now if you are thinking of moving or renegotiating you current leases. I will be happy to provide you with a list of satisfied clients for you to speak with who are enjoying their new offices as I post this.
For area information or discuss opportunities to purchase or lease an office within Orange County please call me directly, 949.922.8148.
Pocket Listing Avenue One
1 Bedroom
1 Bathroom
Faces East and is full of natural sunlight.
Located within the main building near all amenities.
Original owner.
Please call or email me to discuss a time to view the property or simply discuss real estate opportunities at Avenue One, 949.922.8148.
Five Tips for a Green Home
By Nicole McFadden
These catch phrases have become part of our lexicon as we’ve become more aware of our impact on the environment and our role in protecting it. As a homeowner, there are some simple, inexpensive steps you can take to make your home energy-efficient. Get started on the road to being “green” with these five tips:
Pfeif Residential Group
Prudential CA Realty
Living Eco-friendly & Energy-efficient.
Change Your Light Bulbs
By replacing just five incandescent light bulbs with compact fluorescent (CFL) bulbs, you can save $100 per year on electric bills while using up to 75 percent less energy and removing greenhouse gases from the environment.
Buy ENERGY STAR® Appliances
ENERGY STAR-qualified appliances, such as refrigerators, washers and air conditioners, meet a higher level of energy efficiency set by the Environmental Protection Agency and U.S. Department of Energy than standard models. According to ENERGY STAR, if just one in 10 homes used ENERGY STAR-qualified appliances, the impact could be compared to planting 1.7 million new acres of trees. And, switching to these appliances is not only good for the environment, but easy on your pocketbook. Although these appliances may costs more, you can reduce your energy bill by $80 per year.
Seal Up
Cracks and air leaks represent cash seeping from your doors and windows. Get rid of air leaks in doors, windows and other areas by caulking gaps and cracks. This will help decrease your heating and air conditioning bill. But make sure you use silicone sealants. Acrylic caulk tends to shrink, while silicone sealants are waterproof and won’t shrink or crack, creating less waste.
Use Less Water
Did you know that roughly 60 percent of a home's water consumption takes place in the bathroom, according to the California Urban Water Conservation Council? The largest culprit is the toilet, which accounts for 27 percent of your household supply every year. By installing low-flow toilets, showerheads and faucets, you can save thousands of gallons of water each year. In addition, replace leaky fixtures. That slow-dripping faucet can waste as much as 2,400 gallons of water per year.
Adjust the Thermostat
When adjusting your home’s thermostat, the rule of thumb should be: turn up the dial in the summer and down in the winter. Lowering the temperature by just one degree will reduce your electrical costs. And if you use a programmable thermostat, you can program your air-conditioning and heating systems to reduce output while no one is at home or at night while you sleep. Ceiling fans are also helpful in circulating the air to keep the room cool in the summer and warm in the winter.
Going green doesn’t have to be overwhelming or costly. By making just a few small changes within your home, you can help decrease energy consumption and help make the world a “greener” place.
Nicole McFadden
949.922.8148
nicole@nicolemcfadden.com
Prudential (dba) is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.
949.922.8148
nicole@nicolemcfadden.com
Prudential (dba) is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.
Notes On Tax Credit Extension
Extended to:
- September 30, 2010.
Who Qualifies:
- First-Time Home buyers
- Current Home owners who have lived in their residence as primary for 5 years and are purchasing a new primary residence.
For Tax Returns:
- First-Time home buyers are required to fill out the Form 5405 and show the transactions Settlement Statement.
- Current/Long-Time residents who are buying new principal residences are require to fill out the Form 5405 and provide the following: Property Tax Records, Homeowners Insurance Records or Form 1098 Mortgage Interest Statement.
For more information from the IRS please click here:
Monday, July 26, 2010
Real Estate Forecasting
We are all aware of the tax incentives and breaks that were allotted for this year. Is everyone paying attention to the proposed higher taxes we will face across the board with capital gains come 2011 or possibly 2012? All the while leading up to this change we witness strategic defaulting by home and business owners throughout the county. I personally witness a common attitude of some residents; I might as well take advantage and get out while I can. All I have to do is stop paying my mortgage... These items will undoubtedly be directly effecting our future economy and short term status of recovery.
Some quick points to note:
Some quick points to note:
- The 33% tax bracket will become 36%.
- The 35% tax bracket will become 39.6%.
- Long-Term capital gains tax rate would increase from 15% up to 20%.
- Raise taxes on investment profits.
What do California residents in particular think about this?
Thursday, June 10, 2010
Accepting Back Up Offers- Avenue One
Offer submitted to the bank but still accepting all backup offers!
Eastern facing 2 bedroom, 2 bath condo in the gated Mid-Rise community of Avenue One in Irvine, CA.
$360,000
Rates Remain Low
June 10, 2010
McLean, VA - Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey® (PMMS®) in which the 30-year fixed-rate mortgage (FRM) averaged 4.72 percent with an average 0.7 point for the week ending June 10, 2010, down from last week when it averaged 4.79 percent. Last year at this time, the 30-year FRM averaged 5.59 percent.
McLean, VA - Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey® (PMMS®) in which the 30-year fixed-rate mortgage (FRM) averaged 4.72 percent with an average 0.7 point for the week ending June 10, 2010, down from last week when it averaged 4.79 percent. Last year at this time, the 30-year FRM averaged 5.59 percent.
Monday, June 7, 2010
Pocket Listing Avenue One
1 bedroom & 1 bathroom
725 sqft
East Facing Unit in Main Building
Please call or email me directly to schedule a private showing, 949.922.8148.
Leases With an Option to Buy
Basics of a Lease Option: * Buyer pays the seller option money for the right to later purchase the property. The lease option money is negotiable. * Buyer and seller may agree to a purchase price now or the buyer may agree to pay market value at the time the option is exercised. It is negotiable, however, most buyers want to lock in the future purchase price upon inception of the lease option. * During the term of the lease option, the buyer agrees to lease the property from the seller for a predetermined rental amount. * The term of the lease option agreement is negotiable, but the common length is generally from one to three years. * The option money generally does not apply toward the down payment. * A portion of the monthly rental payment typically is applied toward the purchase price. * Option money is rarely refundable. * No one else can buy the property during the lease option period. * The buyer generally cannot assign the lease option to another person without seller approval. * If the buyer does not exercise the lease option and purchase the property at the end of the lease option, the option expires. * The buyer is not obligated to buy the property. Lease Option benefits for the seller: * They often get to sell the house at a higher price than they could sell the home in a normal transaction. * They can sell the house during a slow market. * By being able to collect a larger monthly payment than they could obtain in a normal lease, the property "cash-flows" and they don't have to come up with money out of their own pocket each month to make the mortgage payment. * They receive up-front option money and when the buyer cannot exercise the option, the seller is allowed to retain the funds. |
Thursday, May 13, 2010
Just Listed in Irvine!
2 Bedroom
2 Bath
Mid-Rise Condo in Avenue One
1,037 sqft
Eastern facing view of greenbelt!
Please call or email to discuss further or schedule an appointment to see.
Labels:
Avenue One,
For Sale,
Mid-Rise Condo,
Nicole McFadden
Rates at Lowest Level this Year
McLean, VA – Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey® (PMMS®) in which the 30-year fixed-rate mortgage (FRM) averaged 4.93 percent with an average 0.7 point for the week ending May 13, 2010, down from last week when it averaged 5.00 percent. Last year at this time, the 30-year FRM averaged 4.86 percent. The 30-year FRM has not been lower since the week ending December 10, 2009, when it averaged 4.81 percent.
The 15-year FRM this week averaged 4.30 percent with an average 0.6 point, down from last week when it averaged 4.36 percent. A year ago at this time, the 15-year FRM averaged 4.52 percent. The 15-year FRM has not been lower since the week ending December 3, 2009 when it averaged 4.27 percent.
Full Article:
C.A.R. Fast Market Facts
CA Median Home Price Quick Facts:
. Existing, single-family home sales increased 2.5 percent in March to a seasonally adjusted rate of
516,590 units on an annualized basis compared with March 2009.
. The statewide median price of an existing single-family home increased 20.8 percent in March to
$301,790, compared with March 2009.
. C.A.R.’s Unsold Inventory Index fell to 5 months in March, compared with 5.6 months in March 2009.
. C.A.R. First-time Buyer Housing Affordability Index stood at 64 percent in the fourth quarter of 2009
compared with 61 percent (revised) in the fourth quarter of 2008
. The median price of an entry-level home in California was $257,940 in the fourth quarter of 2009
. The estimated monthly payment including taxes and insurance was $1,470 in the fourth quarter of
2009
. The minimum household income needed to purchase an entry-level home in California in the fourth
quarter of 2009 was $44,100.
. Existing, single-family home sales increased 2.5 percent in March to a seasonally adjusted rate of
516,590 units on an annualized basis compared with March 2009.
. The statewide median price of an existing single-family home increased 20.8 percent in March to
$301,790, compared with March 2009.
. C.A.R.’s Unsold Inventory Index fell to 5 months in March, compared with 5.6 months in March 2009.
2009 4th Quarter Affordability Quick Facts:
. C.A.R. First-time Buyer Housing Affordability Index stood at 64 percent in the fourth quarter of 2009
compared with 61 percent (revised) in the fourth quarter of 2008
. The median price of an entry-level home in California was $257,940 in the fourth quarter of 2009
. The estimated monthly payment including taxes and insurance was $1,470 in the fourth quarter of
2009
. The minimum household income needed to purchase an entry-level home in California in the fourth
quarter of 2009 was $44,100.
Source: CALIFORNIA ASSOCIATION OF REALTORS®
Monday, May 10, 2010
Transfer Disclosure Statement to be Amended
Starting January 1, 2011, the Real Estate Transfer Disclosure Statement (TDS) will be amended to streamline the disclosure of home safety devices. First, the TDS will include a new disclosure of whether the seller has a carbon monoxide detector. This disclosure addresses a new law requiring California homeowners to install or plug in a carbon monoxide device in an existing single-family residence by July 1, 2011 (next year), and other existing dwelling units by January 1, 2013. The new TDS will specifically state that installation of a carbon monoxide detector, among other appliances and devices, is not a precondition of sale or transfer of the dwelling.
Second, the TDS will be amended to incorporate a seller's certification that, by close of escrow, the seller will be in compliance with existing requirements for smoke detector and water heater bracing. Effective January 1, 2011, the new TDS will eliminate the need for a separate standard form Water Heater and Smoke Detector Statement of Compliance (C.A.R. Form WHSD) for applicable transactions.
The new requirement to install or plug in a carbon monoxide detector will apply to dwelling units with a fossil fuel burning heater or appliance, fireplace, or attached garage. "Fossil fuel" means fuel gases, wood, oil, coal, kerosene, or other petroleum or hydrocarbon products that emit carbon monoxide as a combustion byproduct. Special rules apply to residential landlords.
C.A.R. will update our standard form TDS in the November 2010 forms release to reflect these changes, and provide members with more information about this law as the effective date draws nearer. The full text of this law, Senate Bill 183 (Lowenthal), is available atwww.leginfo.ca.gov.
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