Legal > CA 1102, RPA and TDS Screenshots
Legal > CA 1102, RPA and TDS Screenshots
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For full details on CA 1102 please see: https://ca-1102.bryancanary.com/
CA 1102 is a Civil Code in California that was created in 1985 to regulate the "Disclosure Process" in Residential Real Estate. It did not over ride or cancel out any Case Law. It's three pages of questions that were designed to assist sellers and agents in making full and complete representation statements in order to avoid claims of misrepresentation.
CA 1102.7 requires Good Faith in article, act and ‘honesty in fact in the conduct of the transaction’.
CA 1102.6 specifies the Transfer Disclosure Statement (the TDS) is a regulated disclosure document.
CA 1102.3 indicates the TDS shall be delivered to the prospective buyer “as soon as practicable, BEFORE Transfer of Title”.
Contract Clause 13B of the Purchase Agreement provided to us indicates Transfer of Title Transpires at time of Contract Acceptance (as expected)
This makes sense. A buyer should know if the roof leaks or the heater is broken prior to making a binding offer on a home. Unfortunately contract clause 10A1 combines with 14A and suggests to sellers and buyers tha the Seller can deliver the TDS up to 7 days AFTER Contracat Acceptance. Furthermore, the TDS in use states it contains Seller Representations, but it suggests those are NOT part of the Contract??? And Monterey County Brokers and others are playing to 10A1 and 14A? This is a Mafia Controlled Brokerage Systems.
This link goes to a page that has ALL the info below on it in readable form...
CA 1102
CA 1102
CA 1102.7
CA 1102.6
CA 1102.3
CA 1102.13
RPA
RPA
RPA-CA Clause 13 B and 30 - "Title is 'taken' at time of Agreement Acceptance"
RPA-CA Clause 13 D - Title “conveys” at close of escrow
RPA-CA Clause 10A1 and 14A - Suggests TDS due AFTER Contract Acceptance >??? This contradicts 1102.3 and 13B , it violates the concepts of Representation Statements for purposes of Misrepresentation, it violates the idea of negotiating in Good Faith
RPA-CA Clause 10A 1 - 7 - Statutory Disclosure Information.
NOTICE that 10A6 and 10A7 suggest that the disclosure statements and documents are expected to be delivered before the offer is signed. 10A7 uses that term explicitly. The Brokers and 14A then decided that it seemed delivery before signing was "optional" with no consideration given to what representation statments actually did and do in the context of a contract...
RPA-CA Clause 14A - The inverted Clause
RPA-CA 14F -
The clause suggesting a get out of jail free card must be issued to get to title conveyance. A contract clause can not be used coercively to dismiss fraud attempts nor fraud.
Loughrin v. Superior Court (1993) 15 Cal.App.4th 1188, 1195;
"Contrary to the apparent assumption of many people dealing in real estate (including some brokers), a sale "as is'" is not the equivalent of a waiver of potential claims for misrepresentation".
RPA-CA 11 - As Is
Loughrin v. Superior Court (1993) 15 Cal.App.4th 1188, 1195;
"Contrary to the apparent assumption of many people dealing in real estate (including some brokers), a sale "as is'" is not the equivalent of a waiver of potential claims for misrepresentation".
"Sale of real property "as is" is not equivalent of waiver of potential claims of common-law misrepresentations. ' as is' sale simply means that purchaser accepts property in condition visible or observable by him."
"[Stock or ] augmented 'as is' clause will will not protect against claims of intentional misrepresentation, fraudulent concealment, or negligent concealment not related to failure to inspect".
"While the waiver clause . can be construed as avoiding claims for negligent misrepresentation based upon defects seller should have known existed but did not because he did not because of a lack of inspection, there remains other possibilities of claims on negligence."
"Even such augmented "as is" clause, however, does not address the issues of 1) intentional misrepresentation 2) fraudulent concealment or even 3) negligent concealment not related to failure to inspect"
From Katz v Department of RE - "An 'as is' provision, generally speaking means that the buyer takes the property in the condition visible to or observable by him. It does not in itself protect.. or absolve [seller ] from liability for passive concealment".
RPA-CA 12 -Inspections
1 Miller & Starr, California Real Estate supra, §1:154
Neither an "as is" sale nor the buyer's independent inspection exonerates a seller or the seller's agent from fraudulent misrepresentations concerning known defects not otherwise visible or observable to the buyer.
RPA-CA 22 - The Agreement states mediation must be pursued prior to litigation if the harmed party wants to retain rights for attorney legal fee reimbursement in the event of a win. NOTE: highlight is an advertisement for CAR (California Association of Realtors) mediation Service. CAR is also the publisher of the RPA and the RPA footer on page 10 says CAR does not warranty the Contract for Legality in any individual transaction. NOTE: ALL mediation in California is subject to 100% Confidentiality by State Law. That is NOT disclosed in this document.
RPA-CA Footer page 10 - The RPA is Published and Distributed by a subsidiary of CAR. It includes a disclaimer indicated it is not warrantied for Legal Validity in any specific Transaction.
TDS
TDS
Case specific, the Seller's Agent decided not to decide if he had other items to disclose...
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