At some point during the home buying process in San Francisco, you’ll most likely find a home that you like a lot. As in, you like it so much you could see yourself living there! In San Francisco, in strong seller’s markets, most of our property disclosures are provided to buyers prior to their submission of an offer.
The disclosures are contained in a “Disclosure Package” which contains all of the various disclosure documents (almost always as a PDF file, when I first started they were paper… tons and tons of paper!). This is what people are talking about when they say they are “asking for disclosures” or are advised to “review disclosures prior to making an offer.”
The documents that are contained in a disclosure package vary based on the property type (condo, single family, tenancy-in-common), the type of sale (regular sale, short sale, trust sale, probate sale, bankruptcy sale, etc.), and several other variables (the age of the building, for example, affects whether or not some disclosures are required – examples would be lead-based paint and earthquake hazards disclosures). We are going to walk through a typical disclosure package for a single family home in San Francisco, explaining all of the documents as we go along.
To make all of this a little more concrete and a little less hypothetical, we are going to use the disclosure package for a recent listing of ours at 119 Bridgeview in the Silver Terrace neighborhood.
Below is the table of contents for the disclosure package – click on each document to learn more about it (and if the item doesn’t have a hyperlink, the article hasn’t yet been written. This is a work in progress for now!)
- Disclosure Regarding Real Estate Agency Relationship
- Real Estate Transfer Disclosure Statement
- Sellers Supplement to the Real Estate Transfer Disclosure Statement
- Agent Visual Inspection Disclosure
- 3R Report
- 3R Disclosure
- Preliminary Title Report
- Preliminary Title Notice
- Natural Hazards/JCP Report
- Inspection Info & Scheduling
- Buyer’s Inspection Advisory
- Buyer’s Inspection Elections
- Pest Inspection
- Property Statement
- MLS Printout
- Underground Storage Tank Disclosure
- Underground Storage Tank Inspection
- Carbon Monoxide Devices Save Lives or other CO Info
- General Information for Buyers and Sellers /SF Gen Info Acknowledgement of Receipt
- Mandated Documents and Acknowledgement of Receipt
- Lead Based Paint Hazards Disclosure
- Residential Earthquake Hazards Report
- Energy and Water Brochure
- Recorded Water Affidavit
- Recorded Energy Work
Disclosure packages generally start with a table of contents that potential buyers are asked to sign. Depending on the property and agents involved, you may be asked to return the entire disclosure package with your signatures, or just the cover page with an agreement to return a fully executed package upon acceptance of your offer.
For our purposes, I’m going to classify the documents into two categories:
Property Specific and General Disclosures.
The documents that are property specific are often the *more important* documents because they contain information that is specific to the property you are interested in. Documents that are general disclosures are still important, but provide more general information that is usually applicable to real estate transactions and may or may not apply to the specific home you are interested in purchasing. While it is important to review all disclosures, if you find yourself with limited time, our advice is to always start with the property specific disclosures.