• Introduction
• Agency
• Disclosure
• The Offer
• Trust Funds
• Escrow
• Buyer’s Walk-Through
• Step #1 – Get A Listing Agreement
• Step #2 – Get A Buyer-Broker Agreement
• Step #3 – Market The Property
• Showing Property as a “Listing Agent”
• Showing Property as a “Selling Agent”
• Fair Housing Laws
• Step #4 – Recommendations and Referrals
• Step #5 – Make an Agency Election, Disclose It, Confirm It In Writing
• Step #6 – Input Property Data Into a Multiple Listing Service
• Step #7 – Prepare and Deliver the Offer
• Adding to the Agreement
• Step #8 – Deposit Funds Into Escrow
• Step #9 – Open Escrow
• Step #10 – Get a Commission Instruction
• Step #11 – Be Educated About Disclosures
• Step #12 – Inspect Visually and Report
• Step #13 – Remind Principal Deadlines, Rights and Duties
• Step #14 – Get a Title Report
• Step #15 – Order Inspections and Reports
• Step #16 – Comply With Smoke Detector and Water Heater Bracing Laws
• Smoke Detectors
• Water Heaters
• Step #17 – Comply With Hazards Laws
• Step #18 – Get An Affidavit for Waiver of Tax Withholding Requirements
• Federal Tax Requirements
• California Tax Requirements
• Step #19 – Transfer Seller’s Third Party Contracts and Obtain a Home Warranty Plan
• Step #20 – Deal With Purchase Agreement Changes Or Cancellations
• Step #21 – Follow Up on Buyer’s Walk Through
• Step #22 – Get Special Documents For Condominium/P.D. Transactions
• Step #23 – Get Paid
• Step #24 – Resolve All Disputes
• Sample Forms to Download

Introduction

This guide is intended as a practical, day-to-day map, designed to walk you through a typical residential real estate transaction, step by step. It also recommends the use of California Association of REALTORS® ("C.A.R.") Standard Forms. Whenever a form is referred to with a letter and number in parentheses, the reference is to C.A.R. forms.

The term "broker" means a licensed broker. The term "salesperson" means a licensed salesperson. The term "listing broker" means the broker who is representing the Seller. The term "selling broker" means the broker who is representing the Buyer. The term "listing agent" means the broker or salesperson acting through the broker who represents the Seller. The term "selling agent" means the broker or salesperson working through the broker who is acting on behalf of the Buyer.

This guide is provided to Watkins Realty Group agents in a step-by-step basis format. In reality, you will sometimes be accomplishing several steps concurrently.

All suggestions and forms are based upon the law at the time this training manual was updated. The Legislature makes frequent additions or other changes to the laws regarding real estate, and appellate courts make new interpretations of the Legislature's enactments. Therefore, the prudent licensee should be engaged in continuing education.

Agency
The first part of the guide shows you how to document your relationships with your clients. This is the time when you are granted authority to act as their principal and enter into fee agreements with them.

Disclosure
It is extremely important for the listing agent to learn whatever he can about the particular property, including its condition and history from the Seller as well as available records of the Seller, and from a visual inspection. All material facts should be noted for disclosure to the Buyer. Both positive and negative aspects of the property should be noted by both listing agents and selling agents, for advertising purposes as well as for presentation and disclosure purposes.

In order to obtain maximum legal protection, all negative factors should be disclosed in writing to the Buyer, regardless of how the transaction is affected; and all positive assertions should be carefully verified and stated only when there is certainty about their accuracy.

The Offer
The steps dealing with the making of an offer and the entering into the contractual relationships between Buyer and Seller are very important. A special effort should be made to assure that the parties understand the terms and conditions of everything they sign. Wherever an arbitration clause appears, it is to everyone's advantage to understand and make an informed decision about whether or not to initial and make the clause apply to his or her transaction. Sometimes, the use of the arbitration process avoids more lengthy and costly resolutions of disputes, should they arise.

Trust Funds
Special attention should be given to the handling of trust funds to ensure that they are dealt with in the most thorough and careful manner and with proper record keeping.

Escrow
During the escrow period, it is important to keep track of the various inspection and other contingency time frames, ensuring that they are ordered early enough so that the reports can be dealt with and reviewed in a timely fashion. Great care should be given to see to it that the Buyer's objections to reports and other contingency items are made in writing and delivered to the Seller or listing agent within the time frames provided for in the purchase agreement. The tardiness of the Buyer can result in a waiver of a right to cancel a transaction and a resultant lawsuit against the selling agent. Listing agents and Sellers must similarly be alert and aware, so that the required repairs or other acts and duties of the Seller may be completed within the time required.

During this same series of steps, both listing agents and selling agents should be careful to remain in close contact with the escrow company, help keep the inspection companies within the necessary time frames, and follow through to be sure that the Report of Preliminary Title is obtained and carefully examined by the parties. Be aware that there are some practices that differ between Northern and Southern California. It is important here to remember that a licensee is not an attorney nor an accountant and professional advice might be required by the parties at any given stage. Don't be afraid to suggest that they consult appropriate professionals.

Although this guide attempts to walk you through the transaction with simple directions, the disclosure portion requires the use of highly technical forms. Do not allow these forms to frighten you. The use of excess caution is wise in this section. The greater the number of disclosures made, the less likely a required disclosure will be inadvertently missed. Like anything else, the more you work with disclosure forms, the easier they will be to use.

Buyer's Walk-Through
Prior to the close of escrow, no matter how often the property may have been visited before, the Buyer may conduct a walk-through. The purpose of the walk-through is to verify representations previously made, that promises made have been met, and that the property is in the same condition as when the offer was made.

The salesperson should always look first and foremost to his broker for advice, guidance, and information. In this field, ignorance breeds lawsuits.

Remember, this is the way you make a living. Be educated, be thorough, and conduct yourself as the professional you are.

PRACTICE POINTER: Buyers and Sellers should each seek their own legal or other professional advice when needed. Advise your client, in writing, to seek an appropriate professional when the situation calling for it arises. Do not practice law or accountancy.

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STEP #1: Get A Listing Agreement

Before a transaction has both a Buyer and a Seller, the listing agent should begin by obtaining a listing agreement, or Residential Listing Agreement (LA). This form engages the broker as the listing broker, describes the property, includes the requested terms of sale, and authorizes a multiple listing service publication of the property data. It warrants that the Seller is the owner or has the authority to execute the listing contract. It provides for the rate of commission to be paid to the listing broker and explains the agency relationship between the listing broker and the Seller. It authorizes the listing broker to receive a deposit towards the purchase price and authorizes the use of a key box and sign.

This form is particularly important to the salesperson working with the Seller, because it is the basic agreement between the Seller and the listing agent. All such agreements must be set forth in writing in order to be enforceable. Therefore, it should be prepared by the salesperson that obtains the listing, with the Seller's input, at the very outset of the relationship.

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STEP #2: Get A Buyer-Broker Agreement

Often, a prospective Buyer is willing to work for a period of time exclusively with a single broker. In that event, the selling agent should begin the relationship by obtaining a Buyer-Broker agreement, or Authorization to Acquire Property (AAP). This form grants an exclusive right to locate a particular type of property, which it describes generally, in a particular price range, in a general location and upon preferred terms. If the Buyer is unwilling to commit to an exclusive relationship with the broker, the Non-Exclusive Authorization to Acquire Property (NAP) may be appropriate. This agreement requires a Buyer to compensate the Broker if he or she introduced the Buyer to the property during the contract period and the Buyer acquires this property during the contract period or subsequent protection period. If the Buyer is unwilling to compensate the Broker, or to work exclusively with the Broker, then the Buyer Broker Representation Agreement (BR) should be entered into as this agreement establishes the rights and responsibilities of the Buyer and Broker. Each agreement is, in effect, an engagement contract for the selling broker for the period of time which it covers, and sets out the Broker's authority, compensation (AAP and NAP only), and nature of the relationship. Just as a listing agreement is the basic agreement between the Seller and the listing agent, each of these documents is the basic agreement between the Buyer and the selling agent. The agent should prepare the Buyer-Broker agreement with input from the Buyer, at the very outset of the relationship.

PRACTICE POINTER: It is sometimes difficult to get a Buyer to sign this document. If you plan to invest significant time with a Buyer, it is prudent to insist on having this agreement signed. The reluctant signer may be telling you that he is just a "lookie-loo." Should your competition actually write an offer on this Buyer's behalf, this contract (AAP) may be the only evidence you have to protect your commission claim.

You might look at the Buyer-Broker agreement as a tool for pre-qualifying the Buyer. Most often, the Buyer's reluctance simply results from his being uncertain as to whether he really wants to make a purchase. It also may be that the potential Buyer merely wants to "use" you and ultimately write the offer with a friend or relative who is also a salesperson.

PRACTICE POINTER: Although the Agency Disclosure Law does not contemplate the use of a Buyer-Broker agreement, it would be prudent to give the Buyer a Disclosure Regarding Real Estate Agency Relationships (AD) prior to having the Buyer sign a Buyer-Broker agreement. (See Step #5.)

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STEP #3: Market The Property

Local ordinances may limit the use of signs, balloons, flags, or other marketing devices. Even when permitted, neighbors may complain about the placing of these items, parking issues, noise making, or other disturbances. If you are conducting an open house, you are working in and inviting strangers into the Seller's home.

Before you start your showing, make your own inspection and be certain that the property appears to be safe and ready for the showing.

Showing Property as a "Listing Agent"

You want to present the property in its best light, but it is important not to exaggerate or make representations which you have not verified yourself.

Only state that you know something if you have verified it yourself and know it from your own knowledge. If you are repeating what the Seller states, be sure to point out to the Buyer and the selling agent that you don't know it of your own knowledge, but were only told by the Seller.

If you know of defects, point them out at the first opportunity. Don't just show the best of the property. Answer all questions fully.

Be especially careful about such things as boundary lines, drainage, environmental hazards, and square footage.

Showing Property as a "Selling Agent"

If the listing agent cannot answer your questions and answers cannot be readily obtained by a reasonable investigation, invite the prospective Buyer to retain an appropriate professional (e.g. land surveyor, home inspector, soils engineer, plumber, electrician, etc.) to conduct a further investigation.

Fair Housing Laws

The provisions of the Federal Fair Housing Act apply not only to discriminatory actions by sellers, but by brokers, as well. The Federal Fair Housing Act makes it unlawful, because of race, color, religion, sex, handicap, familial status, or national origin, in the sale of residential housing:

Under the current laws, unless special rules are complied with, children may not be barred from living in "adults only" communities and handicapped individuals may not be denied access to single or multifamily dwelling units.

The Federal Fair Housing Act also makes it unlawful for an agent to discriminate, not only in connection with the purchase and sale of residential properties, but also in connection with the making or procuring of loans secured by residential property or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling, and the selling, brokeraging, or appraising of residential real property.

PRACTICE POINTER: When conducting an open house, make sure you are properly staffed so as to protect yourself and the property. Advise the Seller to remove any valuables to a safe location.

PRACTICE POINTER: Treat all questions by a Buyer as very important. Try to obtain an answer from the Seller. If you have not conducted your own investigation of the underlying facts, give the Buyer the Seller's answer and state that you have not checked out the information yourself. You cannot be sure of your information without checking - never guess!

PRACTICE POINTER: Should a Buyer ask about boundary lines, reply: "That is beyond my expertise. If you have a need for specific boundary information, you should hire a professional to conduct a survey."

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STEP #4: Recommendations And Referrals

Licensees are called upon to make many referrals to settlement services providers. These providers might be title companies, escrow companies, termite inspectors, home inspectors, geologists, soil engineers, and others. Be careful when making such recommendations. Refer only those people with whom you or your broker have had a relationship and whose performances, over a period of time, have proved to be of excellent quality. If you refer someone without having good reason to do so, and that person fails to perform his duties properly, you might be held responsible for the carelessness of your referral.

It is always best to work with familiar settlement services providers because they work well with you. Such persons help to avoid a broad variety of problems that can occur, or at least can minimize them, because of the close working relationship.

Regardless of your relationship with persons you refer, you must not receive a commission, fee, or other form of payment by way of compensation or inducement for making the referral. Violations of this rule may make you subject to license suspension or revocation by the Department of Real Estate as well as liable for violation of a federal law called the Real Estate Settlement and Procedures Act (RESPA).

On the other hand, you are perfectly free to receive bona fide payments for goods, facilities, or services which you actually provide or perform. However, these payments must be reasonably related to the value of your services or the things provided.

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STEP #5: Make An Agency Election, Disclose It, And Confirm It In Writing

In every sale involving real property improved with one-to-four dwelling units, you must provide the Buyer and the Seller with a disclosure form entitled Disclosure Regarding Real Estate Agency Relationships (AD). The listing agent must deliver this form to the Seller prior to entering into a listing agreement.

The selling agent must deliver this form to the Buyer as soon as practical, prior to the Buyer's execution of the offer to purchase. Since the Buyer-Broker agreement may be thought of as the Buyer's-selling agent's version of a listing agreement, it would be prudent for the selling agent to deliver an AD to the Buyer prior to the Buyer's signing of the Buyer-Broker agreement.

The selling agent must also provide a disclosure form to the Seller, prior to presenting the offer to the Seller. Therefore, if the selling and listing brokers are not the same, the Seller will get two disclosure forms. Each of these should be an original, not merely a copy of another such form. Each time your client receives an agency disclosure form, he should sign it, acknowledging receipt.

Sometimes one salesperson within a given office will represent both the Seller and the Buyer. Other times, one salesperson within an office will represent the Seller and another salesperson within the same office will represent the Buyer. The broker is then known as a dual agent.

You may act as a dual agent only with the knowledge and consent of both the Seller and the Buyer. All agents have the duties of diligent exercise of reasonable skill and care, of honest and fair dealing, of good faith, and of disclosure of all facts which materially affect the value or desirability of the property. A dual agent also owes both the Seller and the Buyer the duty of utmost care, integrity, honesty, and loyalty in his dealings with either of them.

The dual agent must provide a disclosure form showing the dual agency to the Buyer as soon as practical, prior to the Buyer's execution of the offer to purchase. The dual agent must provide the same disclosure to the Seller, as soon as practical, before presenting the offer to the Seller.

An agent may elect to act exclusively as the Buyer's agent, exclusively as the Seller's agent, or as a dual agent representing both the Buyer and the Seller. An election must be made at the earliest practical moment. Although the election may be disclosed orally, it must be confirmed in writing in either the purchase contract or in a separate writing, signed by the Seller, the Buyer, and the agents prior to or at the time the purchase contract is signed by the Buyer and Seller. The language of this disclosure is regulated by law.

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STEP #6: Input Property Data Into A Multiple Listing Service

Once you have obtained a Listing Agreement (LA), you should use the information obtained from the Seller, but verified by you, to input the data into the MLS system via the Internet.

The readout from the MLS system will state the details of the property, and is the Seller's representation of what he's placing on the market and offering for sale. One cannot emphasize too strongly the importance of the information shown being accurate.

Under the law, a licensee who places a listing or other information in the multiple listing service is responsible for the truth of all representations and statements of which that licensee had knowledge or reasonably should have had knowledge to anyone injured by their falseness or inaccuracy. The MLS listing, after having been fully filled out, should be signed by the listing agent.

You should obtain a printout of the MLS listing as soon as it is placed into the electronic system and have it reviewed by the Seller. Data changes may be made via the Internet should any detail of an MLS listing need to be amended.

PRACTICE POINTER: Representations about lot size or square footage of improvements often lead to problems because there appear to be several differing methods for measuring. If you are pushed for a number, use "approximate," "Seller states that," or "according to the Assessor's Records" as a preamble. Size of a property may be material and agents' misrepresentations on this subject have been the source of many lawsuits. You may also enter into the listing “Buyer to verify all measurements prior to COE.”

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STEP #7: Prepare And Deliver The Offer

The first writing that will bring the Buyer and the Seller together is the California Residential Purchase Agreement and Joint Escrow Instructions (RPA-CA), usually known as a "purchase agreement" or "purchase contract." It should be prepared by the selling agent and signed by the Buyer.

In the event that the property is a mobile home, a specially designed purchase contract should be used. The Manufactured Home Purchase Contract and Joint Escrow Instructions (MHPA) contains substantially all of the terms of the form RPA-CA and also contains additional terms and provisions which particularly pertain to a mobile home sale.

In either case, the signed purchase contract is delivered to the listing broker, accompanied by a deposit towards the purchase price. When completed, this document constitutes an offer to purchase.

If the Seller signs the offer to purchase, he acknowledges receipt of the deposit and accepts the terms of the offer. This is called an acceptance. This means that the Seller is acknowledging that the deposit has been made in accordance with the provisions of the purchase contract and that the contingencies and any addenda are acceptable, including:

One caution: merely signing the purchase agreement does not constitute an acceptance. The acceptance is not complete unless and until it is personally received by the Buyer or the Buyer's named authorized agent. The RPA-CA specifically requires such communication of acceptance and authorizes delivery in person, by mail, or by facsimile.

Sometimes it is convenient to use a contract Addendum (ADM) as an attachment to a purchase agreement when there is insufficient room to detail specific terms within the printed form.

A Counter-Offer (CO) may be necessary until the parties have come together as to basic terms. Each counter-offer proposes a change in terms, but does not become effective until both parties have agreed to the same set of terms.

Once the parties have acknowledged in writing that they have a meeting of the minds on all contract terms and acceptance is personally received by the Offeror, they have a contract. The contract sets forth all of the terms, conditions, rights and obligations to which the parties have agreed. The purchase contract is the main governing document in the purchase and sale transaction, and it is the document creating a binding legal relationship between the Buyer and the Seller.

Adding to the Agreement

Various Supplements or Addenda that add additional terms or contingencies to the contract have been designed for use with the RPA-CA. The Watkins Realty Group office also uses "local" supplements (such as the SDAR form “San Diego Local Disclosures”) and addenda that are specific to the geographical location.

If the Buyer wants to add a term to the contract providing that the Seller will pay for a pest inspection and report and also pay for section one or section two pest control work (as identified in the pest report), the Buyer would use the Wood Destroying Pest Inspection and Allocation of Cost Addendum (WPA).

If the Buyer or the Seller wants the contract to be contingent or either the Buyer's sale of an existing home or the Seller's finding a replacement property, they would use the Contingency for Sale of other Property (COP).

The Purchase Agreement Addendum (PAA) also can be used to add additional terms and contingencies to the contract. The PAA can be used when the contract is in a back up position, when the Seller will occupy the home after close of escrow, when an existing tenant is to remain in possession after close of escrow, and when the contract will be contingent on secondary financing, short pay off to lender or court confirmation.

PRACTICE POINTER: Whether you are a selling agent or listing agent, take time with your clients. Make certain that they understand each of the provisions of the purchase agreement. Also, make certain that your clients understand what their range of choices are as to each provision. Be sure that the choices are theirs, not yours.

PRACTICE POINTER: In order to complete any transaction properly, without missing a step, you should use the Watkins Realty Group Transaction Checklist. This is the best reference document the file will contain. The checklist is a day-to-day reminder as to what still needs to be done, depending upon whether one is the selling or listing agent. Each agent should complete his own form and retain it in his office file as a permanent record. It should be carefully and faithfully maintained. Using a checklist makes your work easier and is mandatory under the Watkins Realty Group system. Do not rely on your memory or a collection of loose notes. Be sure to follow your checklist and indicate the date when the step has been completed.

If you use an in-house Watkins Realty Group Transaction Coordinator, this checklist will be over-seen by the TC (transaction coordinator).

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STEP #8: Deposit Funds Into Escrow

When the Buyer's agent has obtained the deposit check from the Buyer, regardless of to whom this check is payable, it represents trust funds. The California Residential Agreement and Joint Escrow Instructions (RPA-CA) instructs the escrow holder and the brokers that the Buyer's deposit into escrow or into the broker's trust account represents the "good faith deposit" toward the completion of the transaction. When the contract comes into existence, the deposit check must be deposited into escrow within three business days.

Watkins Realty Group does not accept checks payable to the Broker. Checks should be payable directly to the escrow company. When the good faith deposit is delivered to the escrow company, a receipt should be obtained for it.

The Receipt for Increased Deposit/Liquidated Damages (RID) is a multi-use form. It can be used as a receipt for an increased deposit and, separately, it can be used to insert a liquidated damages provision into the purchase contract. When an amount is to be added to the deposit, a Receipt for Increased Deposit/Liquidated Damages (RID) should be used to show the increase. If it is to be used for the purpose of adding a liquidated damages clause, both the Seller and the Buyer must initial and sign.

Using a liquidated damages clause may be very helpful to determine in advance and quantify the Seller's damages when the Buyer fails to perform his duties in connection with the purchase contract. It provides that the Seller retain a portion of the good faith deposit instead of suing for damages. The amount to be retained, or to be recovered out of escrow, is to be agreed upon and specified within the liquidated damages clause, either in the original purchase agreement, or as added by use of the RID. If the property contains 1-4 units, one which the Buyer will occupy, California Civil Code limits the amount the Seller can retain to the lower of 3% of the total purchase price or the actual deposit made. Practically speaking, for other types of property, the courts have told us that the amount agreed upon in advance cannot generally be greater than 3% of the total purchase price.

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STEP #9: Open Escrow

Now that a contract exists and a deposit is in hand, it is appropriate to open an escrow. Usually, the escrow holder, whether a title company or separate escrow company, is a completely separate entity, unrelated to any of the parties or licensees. It serves as a neutral third party, or "stakeholder," to receive a purchase price from the Buyer and to deliver, in exchange from the Seller, the title transfer documents (usually a Grant Deed).

The escrow holder must act in strict accordance with detailed instructions. The California Residential Purchase Agreement and Joint Escrow Instructions (RPA-CA) operates as both a purchase contract and as joint escrow instructions. The escrow holder will provide additional general provisions describing rights, obligations and duties of the parties on the one hand and the escrow holder on the other. These general provisions will be prepared by the escrow holder when the licensee arranges for escrow to be "opened" and must be signed by both the Buyer and Seller, if requested by the escrow holder.

Additionally, although your commission agreement maybe written into the escrow instructions, you are not a party to the escrow (See Step #10). However, the RPA-CA states that brokers are a party to the escrow for the purpose of compensation.

In Southern California, escrows are most often handled by independent escrow companies. B oth parties to the transaction usually sign the same escrow instructions. The escrow officer must be certain that there are no conflicting provisions. If there are conflicts between the escrow holder's general provisions and the R`PA-CA, the general provisions will prevail as the escrow holder's duties only.

Although determining who pays the fees is negotiable between the parties, in almost all California counties by general practice, the Seller pays the title insurance premium and half of the escrow fee.

PRACTICE POINTER: The escrow holder must comply only with written, mutual instructions of the Buyer and Seller. The escrow holder will not take sides in any dispute nor provide legal advice. Remind your principal to consult an appropriate professional if a dispute arises.

PRACTICE POINTER: The "boiler plate" provisions of the escrow instructions are very important. Avoid possible disputes or adverse criticism by being sure that your client reads and understands these provisions.

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STEP #10: Get A Commission Instruction

Having "opened escrow," the broker will wish to prepare and have the Seller sign a commission authorization and instruction. You may use the Cooperating Broker Compensation Agreement, CAR form CBC for this purpose. The escrow company will also prepare instructions for the payment of the commission that has already been agreed to. If the Buyer is separately paying a commission, the Buyer should also sign an authorization and instructions. The RPA-CA provides that the Brokers can submit any separate written commission agreement they have with either Buyer or Seller and the escrow is to use that agreement as an instruction to pay commissions.

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STEP #11: Be Educated About Disclosures

The failure to make accurate or complete disclosures is the basis for the most serious and frequent lawsuits against real estate professionals. You should carefully read through the disclosure sections of the purchase contract. Make certain that you and your client both understand the subject matter and the information that must be furnished in writing.

The Real Estate Transfer Disclosure Statement (TDS), or "TDS," is the most often used and most comprehensive of disclosure statements, since it is required in connection with the sale of almost every one-to-four unit residential property. It is even required in an "As-Is" sale.

As to other items which need to be disclosed after you have signed the TDS, even if you have no form that tends to cover a given subject, any material fact you become aware of should be reported to the Buyer, in writing, if it could materially affect the desirability or marketability of the property.

The Supplemental Statutory Disclosure (SSD) provides a form for the Seller to make disclosures about the property being in a zone or district allowing manufacturing, commercial or, airport use. Additionally, the Seller can make disclosures if the property is located within a mile of a former military ordnance location, if there has been a release of an illegal controlled substance on the property, or if there was a death on the property within three years.

The law does not require the Seller and the Seller's agent to affirmatively disclose to the Buyer the fact that someone has died while on the premises, if the death happened more than three years prior to the date the Buyer offers to purchase the property. Even where you have no affirmative duty to disclose that an occupant died on the premises or the manner of the death, if you are asked whether such an event occurred, you must answer truthfully no matter when the death occurred. There is no requirement that you voluntarily disclose the fact that a prior occupant of the premises was infected with HIV or AIDS related illnesses. However, if you are asked, you should respond that the law does not require you to disclose that information. One further warning: never misrepresent the truth. If you address either the subject of AIDS or of death at all, make a complete and full disclosure.

The best approach is to create, in an informal letter, a statement of the material item of disclosure and have the Buyer date and sign an acknowledgement of receipt. Do not balk at making the disclosure for fear that it will cause the deal to unravel. A broken deal is always better than a lawsuit or a complaint before the Department of Real Estate.

PRACTICE POINTER: Keep these points in mind:

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STEP #12: Inspect Visually And Report

Now that the purchase agreement with its supplements and addenda, the commission agreements and instructions and escrow instructions, have been prepared and signed, it is time to effect disclosures.

The Real Estate Transfer Disclosure Statement (TDS) or "TDS," must be prepared (even in an "As- Is" sale) if the property is improved with one-to-four dwelling units, unless it is part of a subdivision for which a public report is required or some other exemption applies. The TDS is a form dictated by the California legislature.

This form asks about:

It also asks about various parts of the structure itself. The TDS seeks to determine whether everything is in good operating condition and free from defects. It also specifically asks about various conditions generally affecting the property, such as:

If any of these or several other conditions exist, the Seller is required to explain each of them in as much space as might be necessary to make a full disclosure.

The preparation should be done by the Seller with knowledge he has gained by his own experience. It is important that the Seller do this in order that the disclosures are not said to be those of the Seller's agent. The Seller should carefully identify any problems existing with the property of which he has any knowledge. He then signs it.

The listing agent should review the Seller's responses to the questions asked by the TDS and, if the Seller has missed something or erred in making a response, the listing agent should question the Seller and give him an opportunity to change or correct his own answer. If the Seller fails to do so, the listing agent must be careful to disclose, in full, any defect known to him but not disclosed by the Seller. If there is insufficient space in the TDS, the listing agent may use a separate sheet of paper to complete his response. He then signs it.

Certain types of sales are exempt from the TDS requirement. They include transfers pursuant to court order, transfers from one co-owner to one or more other co-owners, and transfers to a spouse or child.

Both agents must conduct a reasonably competent and diligent, visual inspection of accessible areas. You need not climb up in attics nor are you required to view or supply permits concerning title or use of the property.

Although there are other disclosure requirements, this is the main disclosure statement about the value or desirability of the property and it must be very carefully prepared. It is the responsibility of the Seller's agent to deliver it to the Buyer's agent and obtain the signatures of the Buyer's agent and of the Buyer, in order to confirm their having received it. A fully executed, dated copy should go into the escrow and a copy retained in the agent's file.

When there is both a listing agent and a separate selling agent in a transaction, the agent who obtained the offer (i.e., the selling agent) is responsible for delivery of the disclosure form to the Buyer.

If the Buyer receives the TDS after the purchase contract is signed, the Buyer has time to cancel the contract (three days if obtained in person; five days if delivered by mail). Should the Buyer find something disclosed that is unacceptable, the Buyer may cancel the purchase contract.

In the event that an amended disclosure is made prior to the close of escrow because the Seller becomes newly aware of an adverse condition materially affecting the property or wants to correct a prior representation, the amendment must be made in writing and delivered in the same manner as was the TDS. The Buyer then has the same time to cancel the contract if the amended disclosure shows something that is unacceptable as if the amended disclosure were the original TDS.

If the listing agent cannot obtain a completed TDS, signed by the Seller, he must notify the Buyer in writing, that the Buyer has a right to receive the TDS.

PRACTICE POINTER: Remember: You must keep copies of your business records for three years. Should you be required to prove that these forms were completed and delivered, you will be able to do so.

PRACTICE POINTER: You should never fill out the Seller's portion of the TDS for the Seller. Deliver the TDS as soon as is practical before transfer of title, preferably even before the Buyer makes an offer.

PRACTICE POINTER: Another disclosure which must be made is the existence of local hazards other than those covered by other disclosure forms. These are best disclosed in the TDS, in both the Seller's sections (I and II) and the agents' sections (III and IV).

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STEP #13: Remind Principal Of Deadlines, Rights and Duties

The RPA-CA provides for specific time frames for the Seller to make disclosures and for the Buyer to make investigation and review Seller disclosures. Among the required Seller disclosures are the TDS; the Special Tax Levies Notice ("Mello-Roos" and "1915 Bond Act"); geologic, earthquake, and seismic hazards; special flood hazards; state fire responsibility areas; smoke detector; environmental hazards (including mold and release of controlled substances, lead-based paint; military ordinance and industrial use zones; and, if applicable, disclosure that the property is in a common interest development.

The purchase agreement sets out the parties' respective rights or duties as to inspections, investigations, tests, reports, surveys, and other procedures designed to verify the condition of the land, the improvements, and the land boundaries.

Home inspection companies, geologic and soils engineers, and other experts should be called upon to do these inspections. Degrees of inspections and testing are indicated by the nature, location, and condition of the property. Although a matter of contractual agreement, the Buyer typically pays for most of these inspections.

The RPA-CA provides that the Buyer must act within a specific time frame to either remove these contingencies or cancel the contact. The Buyer does not have to make requests of the Seller, the Buyer can simply cancel if the Buyer does not approve of the condition of the property. Additionally, the Buyer has cancellation rights in connection with the statutory disclosure rights, such as the TDS or Natural Hazards Disclosure Statement (NHD).

If the Buyer does not remove their contingencies or cancel the contract within the time frame, the Seller can cancel the contract. However, before the Seller can cancel, the Seller must first give the Buyer a Notice to Buyer to Perform (NBP). The NBP must give the Buyer at least 24 hours to either remove the contingency or cancel the contract. This gives the Buyer "one last chance" to perform before the Seller has the right to cancel. Although they are not required to, the Buyer and Seller can, of course, negotiate for repairs on the property.

These are several addenda designed for use in assisting Seller disclosure, Buyer requests and contingency removal.

The Seller can use the Homeowners Association Information Request (HOA) to obtain documents from HOA. The Supplemental Statutory Disclosure (SSD) can be used to disclose airport, commercial or industrial use, former military ordnance locations near the property, and death on the property.

The Contingency Removal (CR) form can be used by the B uyer to, in writing, remove contingencies.

The Request for Repair (RR) can be used by the Buyer and Seller to reach a written agreement regarding repairs to the property. If the Seller has not provided a required disclosure, the Buyer can document that and request disclosure by the Seller by using a Notice to Seller to Perform (NSP).

Finally, the Buyer can use the Verification of Property Condition (VPC) to document that the property has been maintained and that agreed to repairs have been completed.

PRACTICE POINTER: Calendar and follow up on every inspection or investigative report.

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STEP #14: Get A Title Report

The Report of Preliminary Title (prelim) is prepared and issued by a title company. It shows the condition of a particular title as a preliminary step to the issuance of a policy of title insurance. The Seller's agent should arrange with the title company called for in the purchase contract for the issuance of a report as early as possible after escrow has opened. By acting promptly, the agent allows the Seller maximum time to cure any defects or other items which might make the property otherwise undesirable or unmarketable.

This report not only assists in showing who is the true owner of the property, but also what liens, easements, or other encumbrances of record affect the property.

The escrow company will also be interested in examining the prelim. Curing defects may affect the disbursement of funds when the escrow closes (such as paying off recorded lienholders).

A copy of the prelim is given to the Buyer, as well. If the Buyer has no objections to the Report of Preliminary Title, he should acknowledge to the Seller in writing, through the escrow company, that he has accepted the title in accordance with the report. On the other hand, if the Buyer has some valid objections to the prelim, they should be presented, as promptly as possible, in writing, to the Seller. The purchase contract should be consulted regarding the limitations of presenting objections.

After a Report of Preliminary Title has been accepted, it will result, upon payment of the premium, in the issuance of a title policy.

PRACTICE POINTER: The most commonly used title insurance policies in California are the California Land Title Association ("CLTA") standard form and the American Land Title Association ("ALTA") owner's policy.

The ALTA policy is especially valuable to an owner who requires more extensive coverage and fewer exclusions than are provided for in the CLTA policy. In an ALTA policy, the Buyer has the option, for the payment of an additional premium, to include within the coverage such items as matters that would be discovered only by reasonable inspections or surveys of the property or by inquiring of the persons in possession. This type of policy offers enhanced coverage in terms of certain post-policy forgeries, boundary disputes, transfers to trusts and permit problems.

PRACTICE POINTER: If you become aware of any defect in the title or of a specific exception of record, an immediate call should be placed to your broker for direction.

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STEP # 15: Order Inspections and Reports

The purchase contract should indicate who must provide and who must pay for certain inspections and reports, including the pest control report, and if provided for, sewage system and well inspections and a natural hazard zone report. The purchase contract also provides the number of days within which these inspections and reports must be delivered to the Buyer.

If the Seller has the obligation under the Wood Destroying Pest Inspection and Allocation of Cost Addendum (WPA) to effect repairs, or if no repairs are necessary, a completion certificate must be provided to the Buyer, per the WPA. Also per the WPA, the Buyer may request, in writing, further inspection of inaccessible areas recommended in the termite report within the allotted time. If infestation is found, all expenses must be paid by the party previously designated to pay for Section 1 or 2 work. If no infestation is discovered, all expenses must be paid for by the Buyer.

PRACTICE POINTER: When the Buyer is delivered a copy of the Pest Control Report, he should sign a receipt for it.

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STEP #16: Comply With Smoke Detector And Water Heater Bracing Laws

Smoke Detectors

Since 1986, the State of California has required the installation of a smoke detector in every dwelling unit. Local ordinances may require smoke detectors, as well.

The smoke detector must be of a kind approved by and installed in accordance with State Fire Marshal's regulations. In older structures, generally, a battery-operated smoke detector will satisfy the state law, but a local ordinance might require one that is permanently wired or electrically operated. It is the responsibility of the Seller to install the detector, but subject to negotiations, either the Buyer or Seller may be required to pay the costs of acquisition and installation.

The Seller must state, in writing, that the dwelling has operable smoke detector(s) in compliance with state and local law. Signed by the Seller, the statement should be acknowledged by the Buyer.

Some sales are exempt from this requirement: these include transfers pursuant to court order; transfers which require a public report; transfers by foreclosure; and transfers between existing co- owners or spouses. Dwellings that have fire sprinkler systems may also be exempted by the State Fire Marshal.

Mobile home sales also fall within the smoke detector disclosure requirements under the Department of Housing and Community Development Regulations.

Water Heaters

The law also requires an owner of any real property containing a water heater to brace, anchor, or strap the water heater to resist falling due to earthquake motion. The law is applicable to all existing water heaters, as well as new and replacement water heaters sold in California.

The Seller must certify to a Buyer, in writing, that the water heater bracing requirement has been complied with, including any requirements under any applicable local ordinances. This certification must be in writing and may be done in existing transactional documents, such as a real estate purchase contract, a transfer disclosure statement, or a local option disclosure statement.

PRACTICE POINTER: The use of Smoke Detector Statement of Compliance (SDS) and Water Heater Statement of Compliance (WHS) will satisfy both smoke detector and water heater bracing disclosures and will serve as proof of compliance.

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STEP #17: Comply With Hazards Laws- Geologic, Seismic, Flood, Fire, and Lead-Based Paint Disclosures

Certain required hazard disclosures on residential one-to-four units are covered by the form, Natural Hazard Disclosure (NHD).

This form must be used by the Seller whenever the property is located within a special flood hazard area, earthquake fault zone, seismic hazard zone, inundation zone, very high fire severity zone or state (Fire) responsibility area (SRA). If the zone maps or lists of the location of the maps or lists is posted at the county recorder's, assessor's, or planning commission's office or the Seller or Seller's agent has actual knowledge, the Seller must make the required disclosure if the property is located within such a zone or area.

If the property is located in either fire zone, the Seller must also disclose to the Buyer that the property owner is subject to certain maintenance requirements.

In addition, if the area is an SRA, the seller must disclose to the buyer that the state may not be responsible to provide fire protection services unless they have contracted for those services with a local firefighting agency. The NHD encompasses both of these additional disclosures.

The Seller's agent by law must disclose to the Buyer if the property is located within an earthquake fault zone, a seismic hazard zone, a flood hazard zone or an inundation zone.

The Buyer has the same three-day right to rescind the contract based on the NHD disclosures as he enjoys with the TDS.

After preparation, the NHD, which is a disclosure document and a warning to the Buyer about the possibility of the existence of a special risk and an invitation to investigate further on his own, must be signed by the Seller and/or Seller's agent as required the Buyer should acknowledge receipt by signing it.

The Seller or Seller's agent can verify the existence of these zones (areas) by checking the appropriate maps or lists. Alternatively, and commonly done in most transactions, private companies will provide this service for a fixed fee.

The Seller's agent must give to the Seller, and the Seller must give to the prospective Buyer, additional information concerning geologic and seismic hazards in the form of a booklet entitled Homeowner's Guide to Earthquake Safety if the property was built prior to 1960 and meets other requirements.

If an agent or the Seller voluntarily provides the booklet entitled Environmental Hazards: A Guide for Homeowners and Buyers to the Buyer, neither the Seller nor the Seller's agent will be required to provide additional information regarding common environmental hazards. This does not do away, however, with the Seller's or agent's duty to disclose known environmental hazards. The Environmental Hazards Guide also includes a discussion of mold.

Federal regulations require the Seller to give to the Buyer a federal lead-based paint booklet entitled Protect Your Family From Lead in Your Home. This booklet discusses the dangers of lead-based paint. These federal regulations give the home buyer a ten-day right (or other negotiated period) to test, at the Buyer's expense, for lead-based paint hazards. In addition, the Seller must disclose known paint hazards and deliver a lead paint disclosure form to the Buyer. C.A.R. Form FLD, Lead-Based Paint and Lead-Based Paint Hazards Disclosure, Acknowledgement and Addendum for Pre-1978 Housing Sales, Leases, or Rentals, will satisfy this requirement.

The federal regulations do not apply to housing for the elderly or handicapped or to any housing built after 1977.

Buyers should be provided with the FLD if they obtain new FHA-insurance financing on residential properties built before 1978 or if the sale involves HUD-owned properties.

On all FHA sales, including sales of HUD-owned property, regardless of when built, a Buyer must be provided with an FHA Inspection Disclosure Form. The disclosure provides information on the importance of obtaining a general home inspection and how a borrower may pay for it. The use of For Your Protection Get a Home Inspection (HID) will satisfy this requirement.

PRACTICE POINTER: Get a signed receipt for delivery of each booklet from the Buyer. Remember to disclaim any expertise on geologic or environmental matters. If the Buyer still has questions, direct him to an appropriate professional of his choosing.

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STEP #18: Get An Affidavit For Waiver Of Tax Withholding Requirements

Federal Tax Requirements

Under federal law, a Buyer/transferee of real property must withhold tax if the Seller/transferor is a "foreign person." Transfers are exempt if the purchase price is $300,000 or less and the Buyer plans to use the property as his residence. If this is the case, have the Buyer sign the Buyer's Affidavit (AB) and keep it in your file.

Other tax withholding exemptions apply as well. Most common is the exemption for transactions in which the Seller furnishes the Buyer an affidavit stating that the Seller is not a foreign person and listing the Seller's U.S. taxpayer identification number.

If your transaction is for a price of more than $300,000, in order to protect the Buyer, the selling agent should make sure that the Seller prepares and signs a Seller's Affidavit of Non-Foreign Status (AS), or "FIRPTA Affidavit." This protection is for the selling agent as well, for he has potential liability for failing to withhold the tax along with the Buyer. For federal tax purposes, it is an essential item for the escrow company so they know how to dispose of the Seller's funds.

No funds need be withheld if the Seller signs the AS, stating that he is not a "foreign person." However, if funds are to be withheld, they must be equal to 10% of the gross sales price. The amount withheld must be sent to the Internal Revenue Service at the close of escrow.

California Tax Requirements

Under California law, the Buyer is required to withhold 3 1/3% of the gross sales price and, at the close of escrow, forward this sum to the California Franchise Tax Board ("FTB"), unless an exemption applies. This requirement is imposed when the Seller's proceeds are to be distributed to the Seller's "financial intermediary" or to the Seller at a street address outside California. The transaction is exempt if any one of the following applies:

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STEP #19: Transfer Seller's Third Party Contracts And Obtain A Home Warranty Plan

Insurance policies and service contracts, such as for heating/cooling systems and pool/spa systems, are usually assignable. Check with the issuer of the policy and determine whether they are assignable. The prepaid premium for the policies may be prorated between the parties.

If the purchase agreement calls for a home warranty plan to be issued, it should be paid for in accordance with the terms of the purchase contract.

Home warranty plans are combination insurance policies and repair contracts for some of the operating devices, which may include furnaces, air-conditioning, and electrical and gas appliances included within the sale. They protect the Buyer from a breakdown of these devices during the insurance contract period, generally for one year from the date of purchase.

Unless the written warranty states otherwise, roof warranties are enforceable for their entire term by subsequent purchasers, automatically, by operation of law.

PRACTICE POINTER: If the parties negotiate as part of the purchase contract to assign service contracts, the Seller should be asked to sign a statement saying that he or she will be responsible for causing the transfer of all such service contracts. If such a statement is not obtained, a post-closing responsibility may remain for the agents.

PRACTICE POINTER: If asked to recommend a home warranty company, submit at least three names of reputable companies and let the Buyer/Seller choose.

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STEP # 20: Deal With Purchase Agreement Changes Or Cancellations

If the Buyer cannot obtain the financing, effect the sale of his existing home, or complete any other items contained in the contingencies to the purchase agreement, but still wants to continue with the purchase of the property, he may execute a Contingency Removal (CR). Referring to the purchase agreement, this form identifies the contingencies which are removed and states that the Buyer agrees to purchase the property subject only to the other terms of the purchase agreement, but not to these removed contingencies.

If the parties wish to change their agreement they must, under the terms to the RPA-CA, only do so in writing signed by both the Buyer and Seller. They can use the Addendum (ADM) to document all changes to their agreement.

If the Buyer removes contingencies and, without a valid legal reason, decides not to complete the transaction, but the Seller wants to proceed, the Seller has a remedy for damages. If the parties initialed a liquidated damages clause, the damages are pre-set.

A "liquidated damages clause" in a purchase agreement allows for the Seller to retain the deposit as damages, in an amount not exceeding the lesser of the actual deposit made or 3% of the purchase price, upon the Buyer's default (if the property is a buyer occupied 1-4 residence). Keep in mind that the Seller must still prove that the Buyer breached the contract. The liquidated damages clause merely sets out the agreed upon damages in the event of the Buyer's default.

If the Seller, without a valid legal reason, decides not to complete the transaction, the Buyer can seek monetary damages in a lawsuit or may sue for "specific performance." Specific performance is a remedy that, if ordered by a court, requires the Seller, upon a tender of the purchase price, to transfer title to the Buyer. If the Buyer proves his case, the court will deliver deed to the Buyer.

Sometimes, the parties mutually agree not to go forward with the transaction, even though a purchase contract has been fully executed and even though an escrow has been opened. They may document their desires not to complete the sale through the execution of a Release of Contract (RC). This form is prepared by either the listing agent or the selling agent. It describes and refers to the purchase contract and the property to which it applies and, if there is an escrow, it describes the escrow as well. It terminates both the contract and the escrow, with instructions to the escrow company for disbursement of the funds. It is signed by all parties and agents. This is the simplest way to undo a purchase contract, assuming all parties are in agreement.

PRACTICE POINTER: Should the provisions of the termination of the contract require more than a mutual release or should any special rights or duties be contemplated by the parties, it may be necessary to seek direction from your broker on how to proceed and as to whether or not to consult an appropriate professional. It may be necessary to prepare a more formal release agreement.

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STEP #21: Follow Up On Buyer's Walk-Through

The purchase agreement permits a walk-through inspection by the Buyer. A report and acknowledgement of that inspection, Verification of Property Condition (VPC), should be prepared by the selling agent, signed by the Buyer, and countersigned by the Seller. It should list all of the items which have not been repaired by the Seller, but which have been reported as problems worthy of repair in any of the inspection reports. When thoroughly prepared and signed by the Buyer, it constitutes a waiver by the Buyer of any claim for the failure of the Seller to repair any unlisted item.

The selling agent should be sure that the Buyer is satisfied by the completion of the repairs to only the listed items. If other problems still remain, to which the Buyer objects, his objections should be reported to the listing agent, in writing.

The VPC is also important because it acknowledges that the agents are not responsible for any unlisted, unrepaired items and promises to hold them harmless from any claim arising out of such items.

PRACTICE POINTER: The Verification of Property Condition is not a contingency of the purchase agreement. It should not be used as a tool to start negotiations all over again. It merely serves to verify that the property is in the same condition it was at the time the contract was entered into and to check that promised repairs have been made.

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STEP # 22: Get Special Documents For Condominium/ Planned Development Transactions

In a condominium/Planned Development sale, the Seller must deliver to the Buyer all governing documents. These include covenants, conditions and restrictions ("CC&R's"), which were created by the developer and publicly recorded when the property was first improved.

The purchase contract also requires the Seller to provide to the Buyer documentation regarding the following:

The Seller can use the Homeowner Association Information Request (HOA) to make a request to the Homeowners' Association for the required documents.

PRACTICE POINTER: When selling a condo, common interest or P.O. property, request the necessary documents as early as possible because they may be hard to come by if the volunteer officers of the Homeowners' Association are not in possession of the documents.

PRACTICE POINTER: Make sure copies of common area keys, at Buyer's expense, are available to the Buyer.

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STEP # 23: Get Paid

On the closing date, the escrow company will issue a "settlement statement" or "closing sheet," accounting for all monies contributed to the escrow by each of the parties and all monies disbursed, for whatever purposes, identifying each separate disbursement.

These may include:

Follow up with the escrow company in the event that the purchase was partly or wholly financed through the use of one or more notes secured by trust deeds, to be sure that each of the trust deeds has been recorded by the escrow company. At the same time, have the escrow company verify to you that the settlement statement has been delivered to both the Buyer and the Seller.

Congratulations - this is the time when you get paid for all your hard work!

PRACTICE POINTER: The completed file with original signatures will be kept in the Watkins Realty Group office. Do not dispose of any of your files, including any of your notes, checklists, or other materials. You may have occasion to revisit them long after closings have occurred. Remember, real estate law requires you to retain all files for three years. The Internal Revenue Service (IRS), however, lengthens the retention time to five years for FIRPTA documents.

PRACTICE POINTER: Follow your checklist and make sure that every step has been completed.

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STEP # 24: Resolve All Disputes

If a dispute arises between the Buyer and Seller, or between the listing and selling agents, or any combination thereof, prior to or after the closing of escrow, it should be dealt with promptly. There are several approaches a licensee can take regarding a dispute, but first and foremost, report the problem to your broker.

A licensee may informally resolve a controversy through discussions and negotiations with the parties themselves. This can many times lead to an agreeable solution which once reached and placed into writing becomes a formal resolution. It would be wise, during this phase, to have your broker involved and kept aware of all developments. Obviously, informal negotiations amongst the parties, is the fastest and least costly method of resolving a dispute.

Another informal approach, and one that has experienced much success in dispute resolution, is independent mediation. Any person may serve as a mediator. No special licensing or training is required. Most often, however, mediators are lawyers or retired judges or other professionals. The actual mediation process is highly flexible, the underlying principle being that, when the parties have a chance to vent their feelings and complaints before an independent third party, they are more likely to come to a meeting of the minds. The RPA-CA requires parties to mediate prior to commencing arbitration or title proceedings unless the matter falls within one of the enumerated control exclusions.

To find out more information about the mediation process, contact your broker, your county or local bar association, your association/board attorney, or your personal lawyer.

Neither of the preceding approaches results in a "final" determination of issues, unless an agreement is reached and documented. What this means is that if an agreement is not made and the issues are not resolved, you still have other resources available such as arbitration or trial proceedings.

If all parties have initialed the arbitration clause in the purchase agreement, the next step is to initiate arbitration. This means that an independent third person not only hears the dispute, but decides it as well. The decision by the arbitrator is final and can be enforced in the courthouse.

An arbitrator does not have to be licensed nor specially trained, but should be a person who is well experienced or has had special training in real estate. Most often, retired judges and experienced lawyers are utilized. The RPA-CA requires that the arbitrator shall be a retired judge or an attorney with at least 5 years of residential real estate law experience unless otherwise agreed.

Although there are costs involved in utilizing an arbitrator, it does tend to be much less expensive and is sometimes quicker than an actual court action.

If the arbitration clause in the purchase agreement has not been initialed and there is no other "agreement to arbitrate" between the parties, a more formal direction is to file a lawsuit. Here, a final determination is made by a judge or jury.

PRACTICE POINTER: If you become a party to an arbitration or to a lawsuit, notify your broker immediately so that professional representation will be sought out at the earliest possible date. Do not attempt to represent yourself in an arbitration proceeding or in a lawsuit. This is the time when you need the advice of an appropriate professional.

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Sample Forms To Download

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