California real estate disclosure laws California Real Estate Disclosures | Page 32

NOTE: Upon written request, the association is to provide within 10 days
the above information to or as directed by the owner. In addition, some
transactional documents require that the owner secure for the prospective
buyer copies of minutes of proceedings, which may be obtained from the
association by the owner in accordance with Civil Code Section 1365.2.
(CAL. CIV. §§ 1368, 1375 , 1375.1(a)(1),(2),(3))

K. Notice Regarding the Advisability of Title Insurance
In an escrow for a sale (or exchange) of real property where no title
insurance is to be issued, the buyer (or both parties to an exchange) must
receive and sign/acknowledge the following notice as a separate document
in the escrow:
“IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT
MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH
THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS
AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE
PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE
SHOULD BE OBTAINED IN ORDER TO INSURE YOUR INTEREST IN THE
PROPERTY THAT YOU ARE ACQUIRING.”

NOTE: While the statute does not expressly assign the duty, it is reasonable
to assume that delivery of the notice is an obligation of the escrow holder. A
real estate broker conducting an escrow pursuant to the exemption set forth
in Financial Code Section 17006(a)(4) would, therefore, be responsible for
delivery of the notice.
(CAL. CIV. § 1057.6)

L. Certification Regarding Water Heater’s Security Against
Earthquake
The seller of any real property containing a water heater must certify in
writing to a prospective buyer that the water heater has been braced,
anchored or strapped to resist falling or horizontal movement due to
earthquake motion. The minimum standard for this security is set forth in the
California Plumbing Code, which may be more restrictively amended by
local or municipal code or ordinance. The certification can be included with
the Homeowner’s Guide to Earthquake Safety, in the Real Estate Purchase
Contract or Receipt for Deposit, or with the Real Estate Transfer Disclosure
Statement.
(CAL. HEALTH & SAFETY § 19211)

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