Appendix 9122. Real estate transfer disclosure statement.


Latest version.
  • In addition to those disclosures required by Section 1102.6 of the Civil Code, a disclosure on the form set forth below is required in connection with all transactions that are subject to the disclosure requirements of Section 1102.6 of the Civil Code and that pertain to real property located in the unincorporated portion of Ventura County.

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    LOCAL OPTION

    REAL ESTATE TRANSFER DISCLOSURE STATEMENT

    THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, DESCRIBED AS _____ . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 9122 OF THE VENTURA COUNTY ORDINANCE CODE AS OF _______, 20___. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

    I

    SELLER'S INFORMATION

    The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

    THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF VENTURA AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

    Section 3482.5 of the Civil Code, and Sections 8114-2.1.1 and 8183-4.1 of the Ventura County Ordinance Code protect properly conducted commercial agricultural operations against claims that they constitute a nuisance. If the property you are purchasing is located near or adjacent to agricultural lands or agricultural operations, or is included within areas used for agricultural purposes, you may be subject to inconveniences or discomfort arising from agricultural operations. Such discomfort or inconveniences may include, but are not limited to: frost protection measures, noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft), at any hour of the day or night, storage of equipment and materials necessary for normal agricultural practices, slow moving farm implements, and the application by spraying or otherwise of chemical fertilizers, soil amendments (such as manures, compost materials and mulches), and pesticides (such as herbicides, insecticides and fumigants). If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. Ventura County Ordinance Code Section 9131 through 9137 provide a procedure for mediating disputes concerning agricultural operations.

    Substantial pesticide drift is illegal under Section 12972 of the Food and Agricultural Code. Any concerns regarding substantial pesticide drift should be referred to the office of the Agricultural Commissioner.

    Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

    Seller Date___________
    Seller Date___________

     

    II

    BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/ INSPECTIONS/DEFECTS.

    I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT

    Seller _____ Date _____ Buyer _____ Date _____
    Seller _____ Date _____ Buyer _____ Date _____

     

    Agent (Broker)
    Representing Seller
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    Associate Licensee or Broker-Signature
    By _____ Date _____

     

    Agent (Broker)
    Obtaining the Offer
    _____
    Associate Licensee or Broker-Signature
    By _____ Date _____

     

    A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

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