Watkins Realty Group - San Diego, CA

San Diego Disclosures and Q&A

Risk Management Transaction Forms

San Diego ’s SDAR publishes Risk Management Forms, all designed to give REALTORS® additional ways to manage and reduce legal risk.

For a comparison of SDAR forms to C.A.R. forms, click here.

Here is a list of the SDAR Risk Management forms available:

Addendum to the Purchase Agreement (APA)

Supplements C.A.R.'s standard Purchase Agreement, addressing additional though legally important issues. Latest revision: Revision Date: April 2006.

Agent's Visual Inspection (AVI)

Helps the agent conduct a reasonably competent and diligent visual inspection of the reasonably and normally accessible areas of the property, and provides proof of the agent's due diligence. Revision Date: October 2004.

Buyer Advisory (BA)

With a finite amount of inventory, some buyers are willing to pull out all the stops to get their dream home, and they don’t always understand what that means. It’s part of the REALTOR's® job to guide buyers through this hectic process and let them know what to expect. The Buyer Advisory helps the conscientious agent advise buyers in a timely and thorough manner, while producing a written record. Form Date: March 2004.

Buyer's Election of Inspections (BEI)

Designed to show buyers the different types of inspections available so that agents can prove that the buyer is aware of the reasonable care to protect himself that the law requires. Revision Date: October 2007.

Buyer's Election of Inspections for Vacant Land (BEIVL)

Designed to show buyers the different types of inspections available for vacant land so that agents can prove that the buyer is aware of the reasonable care to protect himself that the law requires. Creation Date: November 2007.

Disclosures Regarding "Subject To" and "AITD" Transactions (AITD)

Allows agent to be sure that buyers and sellers are aware of the risks inherent in these types of transactions. Revision Date: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use.

FIRPTA Buyer

The Foreign Investment in Real Property Tax Act (FIRPTA) requires sellers to give their Social Security Numbers to the buyer. Because some sellers are reluctant to do so, this form tells buyers of potential adverse consequences for failing to obtain the seller's SSN. Obtaining the buyer's signature on this form also holds the buyer's agent harmless for any loss to the buyer because of the failure to obtain the seller's SSN. The PDF file of this form is preformatted and ready to use. You can download the Microsoft Word file if you want to print the verbiage on your own letterhead or stationery. Note that SDAR recommends that you only use this form exactly as it appears, without any revisions, additions or deletions. New Form: February 2005.

FIRPTA Seller

The Foreign Investment in Real Property Tax Act requires sellers to give their Social Security Numbers to buyers. Because some sellers are reluctant to do so, this form helps convince sellers that it is required by law. The PDF file of this form is preformatted and ready to print. You can download the Microsoft Word file if you want to print the verbiage on your own letterhead or stationery. Note that SDAR recommends that you only use this form exactly as it appears, without any revisions, additions or deletions. Form Date: February 2005.

Letter of Intent (LOI)

Ensures that all parties understand the legal limitations of a letter of intent. Latest revision: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use.

Local Area Disclosure (LAD):

The Risk Management Committee created this user-friendly booklet to put known disclosure issues unique to San Diego County at your fingertips. Revision Date: October 2007.

Mold Disclosure (MD)

Designed to explain the problems with mold and the necessity of obtaining a mold inspection. In essence relieves the broker of responsibility regarding the actual and potential existence of mold at the property, provided the form is given to and signed by the buyer. Revision Date: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use..

Notice of Prospective Buyers (NOPB)

Notice of Prospective Properties (NOPP)

Property and Geological Waiver (PGW)

Gives agents a tool to be sure that buyers understand and acknowledge that agents and brokers are not qualified to inspect or evaluate the physical and geological condition of a property. Revision Date: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use.

Seller's Additional Disclosures (SAD)

Designed as an addendum to C.A.R.'s Real Estate Transfer Disclosure Statement, showing that agents have made a full effort to encourage complete disclosure, and acknowledging that the seller, and not the agent, is responsible for such disclosures. Revision Date: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use.

Seller's Listing Information Checklist (SLIC)

Designed to help sellers provide accurate information for the listing, and showing that the seller accepts responsibility for providing accurate information. Revision Date: March 2004: Verbiage added for WINForms; hard copies of prior version OK to use.

Seller's Statement on Repairs (SSR)

This form makes it much easier for agents to document repairs, and helps clear up confusion on the part of both sellers and buyers. It is designed to be given to the seller when you are delivering the buyer’s request for repairs. Because the SSR contains the exact language of the Residential Purchase Agreement, the seller has a clear understanding of the responsibilities for the documentation of repairs. The SSR makes it easier to keep all the information necessary with a single form and to complete the written statements as required. Form Date: February 2005

Vacant Land Disclosure Statement (VLDS)

To view samples of each, and Question and Answer (Q&A) sheets on the most commonly used, click here.