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HomeMy WebLinkAboutContracts & Agreements_19A-2017 I� CALIFORNIA = ASSOCIATION SELLER VACANT LAND QUESTIONNAIRE �e OF R E A L T O R S"; (C.A R Form VLQ 11112) Seller makes the following disclosures with regard to the real property described as 1615 Park Ave Assessor's Parcel No 0292 192 19 situated in Redlands County of San Bernardino , California, ("Property") 11 The following are representations made by the Seller Unless otherwise specified in writing, Broker and any real estate licensee or other person working with or through Broker have not verified information provided by Seller. A real estate broker is qualified to advise on real estate transactions If Seller or Buyer desire legal advice, they should consult an attorney Ill. Note to Seller PURPOSE To tell the Buyer about known material or significant items affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition of the Property • Answer based on actual knowledge and recollection at this time • Something that you do not consider material or significant may be perceived differently by a Buyer • Think about what you would want to know if you were buying the Property today • Read the questions carefully and take your time IV Note to Buyer PURPOSE To give you more Information about known material or slonlficant Items affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition of the Property • Something that may be material or significant to you may not be perceived the same way by the Seller • If something Is important to you, be sure to put your concerns and questions In writing (C A R Form BMI) • Sellers can only disclose what they actually know Seller may not know about all material or significant items • Seller's disclosures are not a substitute for your own investigations personal judgments or common sense. V SELLER AWARENESS For each statement below, answer the question "Are you (Seller) aware of " by checking ether "Yes"or"No"Provide explanations to answers in the space provided or attach additional comments and check section VI BOUNDARIES,ACCESS AND PROPERTY USE BY OTHERS ARE YOU (SELLER)AWAR OF 1 Surveys, markers, stakes, pins or maps showing the location of the Property [:]Yes No 2 Any unrecorded easement, encroachment or other dispute, maintenance or use agreement affecting access to or the boundaries of the Property []Yes No 3 Use of the Property, or any part of it, by anyone other than you, with or without permission, for any purpose including but not limited to using or maintaining roads driveways or other forms of ingress or egress, or other travel or drainage ❑Yes ZNo 4 Leases, rental agreements, service contracts, licenses, permits or related agreements regarding use of the Property by others ❑Yes [�fN g 5 Use of any neighboring property by you E]Yes o 6 The absence or limitation of legal or physical access to the Property ❑Yes 2No Explanation GEOLOGIC CONDITIONS AND ENVIRONMENTAL HAZARDS ARE YOU(SELLER)AWARE,0F... 7 Fill(compacted or otherwise),soil Instability, caves, mines caverns or slippage on the Property ❑ Yes No 8 Radon, methane or other gases, contaminated soil or water, hazardous waste, or waste disposal sites on the Property ❑Yes [v"Vo 9 Fuel, oil or chemical storage tanks above or underground ❑Yes Cq,�o 10 Past or present treatment or eradication of pests or odors El Yes L AO Explanation Buyer's Initials( )( ) Seller's Initials{ )( ) The copyright laws of the United States (Title 17 U S Code)forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means, including facsimile or computerized formats Copyright © 2006-2012, CALIFORNIA ASSOCIATION OF REALTORS® INC ALL RIGHTS RESERVED I Eq uunns, Reviewed by Date VLQ REVISED 11112(PAGE 1 OF 4) SELLER VACANT LAND QUESTIONNAIRE(VLQ PAGE 1 OF 4) Debra Hanna,Broker,P,O Buz 365 Loma Linda,CA 92354 Phone.909.528.2512 Fax 866.497.3945 1615 Park Ave Debbie Hanna Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser Michigan 48626 www.zioLooixcom Property Address 1615 Park Ave, Redlands, CA 92373 Date GOVERNMENTAL ARE YOU (SELLERLAWAR�F 11 Agricultural use restrictions pursuant to the Williamson Act or other law Yes o 12 Whether the Property is in or adjacent to an area with Right to Farm rights El Yes No 13 Presence of any endangered,threatened, "candidate species,wetlands, historic artifacts or human remains on the Property ❑ Yes 6�0 14 Any protected habitat for plants, trees, animals or insects that apply to or could affect the Property LJYes L^ N 15 Conditions or laws that may affect the ability to place and/or use a manufactured home an the Property [J Yes Leo 16 Special taxes pursuant to the Mello-Roos Community Facilities Act Improvement Bond Act of 1915 or other law ❑ Yes[4o 17 Ongoing or contemplated eminent domain condemnation annexation or change in zoning or general plan that apply to or could affect the Property ❑ Yes R'No 18 Existence or pendency of any rent control occupancy restrictions or retrofit requirements that apply to or could affect the Property ❑ Yes NINO 19 Existing or contemplated building or use moratorium that apply to or could affect the Property ❑ Yes[q No 20 Current or proposed bonds assessments or fees that do not appear on the Property tax bill that apply to or could affect the Property ❑ Yes ZNo 21 Proposed construction reconfiguration or closure of nearby government facilities or amenities such as schools, parks, roadways and traffic signals ❑ Yes[q/N o 22 Existing or proposed government requirements affecting the Property(i)that tall grass, brush or other vegetation be cleared (ii)that restrict tree(or other landscaping)planting removal or cutting or(iii) that flammable materials be removed ❑ Yes[/No Explanation WATER-RELATED ISSUES ARE YOU (SELLER)AWARE OF 23 Standing water,flooding, pumps, underground water, or water-related soil settling or slippage on or affecting the Property EJ Yes�o 24.Rivers, streams,flood channels, underground springs, high water table, floods or tides on or affecting the Property ❑ Yes ZNo Explanation UTILITIES AND SERVICES ARE YOU(SELLER)AWARE; WARE QF 25 Whether any of the following utilities or services are available ON the Property [:] Yes o If yes, check which ones ❑`f'/ells❑sewer❑septic ❑sanitation ❑leach lines ❑water ❑gas ❑ electric❑ telephone❑ cable ❑other If no are you pware of the distance such utilities or services are from the Property? [q/yes❑ No Explanation t ►[l LANDSCAPING,AGRICULTURE,STRUCTURES OR OTHER IMPROVEMENTS ARE YOU(SELLER)AWARE,0F 26 Diseases or infestations affecting trees, plants or vegetation on or near the Property ❑ Yes y No 27 Diseases, infestation or other reason affecting the production of any agricultural trees or crops on the Property ❑Yes N(No 28 Operational sprinklers or Irrigation systems on the Property ❑Yes VO If yes are they❑automatic or❑ manually operated 29.Any structures or Improvements(such as pad, foundations, or shelter) ❑Yes EP'No Explanation NEIGHBORHOOD ARE YOU(SELLER)AWARE OF 30.Neighborhood noise, nuisance or other problems from sources such as, but not limited to, the following neighbors livestock wildlife insects or pests traffic parking congestion airplanes trains, light rail, subway trucks, freeways, buses, schools, parks, refuse storage or landfill processing agricultural operations, business, odor, recreation@] facilities, restaurants, entertainment complexes or facilities, parades sporting events fairs neighborhood parties litter construction air conditioning equipment air compressors, generators, pool equipment or appliances, or wildlife ❑ Yes[y"No Explanation Buyer's Initials( )( ) Seller's Initials( )( ) Copyright®2006 2012,CALIFORNIA ASSOCIATION OF REALTORS®,INC Reviewed by pate I � VLQ REVISED 11M2(PAGE 2 OF 4) EQUAL NOSING SELLER VACANT LAND QUESTIONNAIRE(VLQ PAGE 2 OF 4) GPPOR NUY Produced with zipForm®by zipLogix 18070 Fifteen We Road,Fraser.Michigan 48026 www_zioLooix_com 1615 Park Ave Property Address 1615 Park Ave, Redlands, CA 92373 Date COMMON INTEREST CONDOMINIUMS AND DEVELOPMENTS ARE YOU (SELLER)AWARE OF 31 Any Homeowner or Property Owner Association (OA)governing the Property or any pending or proposed dues increases, special assessments, rules changes, insurance, availability Issues or threatened or pending litigation by or against the OA affecting the Property ❑Yes No Explanation TITLE,OWNERSHIP AND LEGAL CLAIMS ARE YOU (SELLER)AWAR_EQF 32 Any other person or entity on title other than Seller(s)signing this form Yes L4 o 33 Leases options or claims affecting or relating to title or use of the Property ❑Yes VNo 34 Any other person or entity other than Seller(s)signing this form with a legal claim to oil, mineral, gas or water rights ❑Yes [Y/No 35 Past, present, pending or threatened lawsuits, mediations, arbitrations,tax liens, abatement liens, mechanics'liens notice of default bankruptcy or other court filings or government hearings affecting or relating to the Property OA or neighborhood ❑Yes [!(No Explanation DISASTER RELIEF, INSURANCE OR CIVIL SETTLEMENT ARE YOU(SELLER)AWARE OF 36 Financial relief or assistance, Insurance or settlement sought or received, from any federal state local or private agency, insurer or private party, by past or present owners of the Property, due to any actual or alleged damage to the Property arising from a flood earthquake fire other disaster or Occurrence or defect,whether or not any money received was actually used to correct damage ❑Yes No Explanation OTHER ARE YOU(SELLER)AWARE OF 37 Reports, Inspections, disclosures,warranties, maintenance recommendations,estimates, studies, surveys or other documents pertaining to the condition of the Property Or easements encroachments boundary disputes or environmental conditions affecting the Property ❑ Yes VNo (If yes, provide any such documents in vour possession to Buyer) 38 Department of Real Estate Public Report or subdivision map Yes WNO 39 An Order from a government health official identifying the Property as being contaminated by methamphetamine (If yes attach a copy of the Order) ❑Yes [v6o 40 The release of an Illegal controlled substance on or beneath the Property ❑ Yes N40 41 Whether the Property is located in or adjacent to an industrial use"zone ❑Yes Q o (In general a zone or district allowing manufacturing commercial or airport uses) 42 Whether the Property is affected by a nuisance created by an"industrial use zone ❑Yes [ulo 43 Whether the Property is located within 1 mile of a former federal or state ordnance location ❑Yes F,-1.Alo (In general, an area once used for military training purposes that may contain potentially explosive munitions) 44 Whether the Property is a condominium or located in a planned unit development or other common interest subdivsion ❑Yes [ lo 45 Insurance claims affecting the Property within the past 5 years ❑Yes &lo 46 Matters affecting title of the Property ❑Yes Vo 47 Any past or present known material facts or other significant stems affecting the value or desirability of the Property not otherwise disclosed to Buyer ❑Yes MIN o Explanation VI. ❑ (IF CHECKED) ADDITIONAL COMMENTS- The attached addendum contains an explanation or additional comments in response to specific questions answered "yes" above Refer to line and question number in explanation Buyer's Initials( )( ) Seller's Initials( )( ) Copyright 02006 2012 CALIFORNIA ASSOCIATION OF REALTORS® INC I Reviewed by Date I � VLQ REVISED 11112(PAGE 3 OF 4) I SELLER VACANT LAND QUESTIONNAIRE(VLQ PAGE 3 OF 4) oa�oa*un+r Produced with zipFcrTnO by zipLogix 16070 Fifteen Mile Road.Fraser Michigan 46026 www zioLooix torr 1615 Park Ave Property Address 9615 Park Ave,Redlands, CA 92373 Date Seller represents that Seller has provided the answers and, if any,explanations and comments on this Form and any attached addenda and that such information is true and correct to the best of Seller's knowledge as of the date signed by Seller Seller acknowledges (i) Seller's obligation to disclose information requested by this Form is independent from any duty of disclosure that a real estate licensee may have in this transaction, and (ii) nothing that any such real estate licensee does or says to Seller relieves Seller from his/her own duty of disclosure Date �� 1 ( 7 Date SELLER`h SELLER By em W. DS R By -- Print name City of Redlands I FA UL W, FbS n3P, Print name Title MAYDP, Title By signing below, Buyer acknowledges that Buyer has read, understands and has received a copy of this Seller Vacant Land Questionnaire form Date Date BUYER BUYER By By Print name Balboa Park Properties LLC Print name Title Title THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry It is not intended to identify the user as a REALTOR® REALTOR®is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics Published and Distributed by REAL ESTATE BUSINESS SERVICES INC " a subsidiary of the California Association of REAL TORSO c 525 South Virgil Avenue,Los Angeles,California 90020 Reviewed by Date I Eot,a wo�51 VLQ REVISED 11112(PAGE 4 OF 4) SELLER VACANT LAND QUESTIONNAIRE(VLQ PAGE 4 OF 4) Produced with zipForm®by zipLogiz 18070 Fifteen Mile Road,Fraser Michigan 48026 www.ziDLooix.com 1615 Park Ave ,d-4k CALIFORNIA DISCLOSURE REGARDING =� ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP OF REALTORS''' (Selling Firm to Seller) (As required by the Civil Code) (C.A R Form AD,Revised 12114) ❑ (If checked) This form Is being provided In connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079 13(k)and(1) When you enter Into a discussion with a real estate agent regarding a real estate transaction you should from the outset understand what type of agency relationship or representation you wish to have with the agent In the transaction SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only A Seller's agent or a subagent of that agent has the following affirmative obligations To the Seller A Fiduciary duty of utmost care Integrity honesty and loyalty m dealings with the Seller To the Buyer and the Seller (a) Diligent exercise of reasonable skill and care In performance of the agent's duties (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties An agent Is not obligated to reveal to either party any confidential Information obtained from the other party that does not Involve the affirmative duties set forth above BUYER S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only In these situations the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered,either In full or in part from the Seller An agent acting only for a Buyer has the following affirmative obligations To the Buyer A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer To the Buyer and the Seller (a) Diligent exercise of reasonable skill and care in performance of the agent's duties (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to or within the diligent attention and observation of the parties An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not Involve the affirmative duties set forth above AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer In a transaction but only with the knowledge and consent of both the Seller and the Buyer In a dual agency situation the agent has the following affirmative obligations to both the Seller and the Buyer (a) A fiduciary duty of utmost care integrity honesty and loyalty in the dealings with either the Seller or the Buyer (b) Other duties to the Seller and the Buyer as stated above in their respective sections In representing both Seller and Buyer the agent may not without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own Interests You should carefully read all agreements to assure that they adequately express your understanding of the transaction A real estate agent Is a person qualified to advise about real estate If legal or tax advice is desired consult a competent professional Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting In the transaction The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form You should read its contents each time It Is presented to you considering the relationship between you and the real estate agent in your specific transaction This disclosure form Includes the provisions of Sections 2079 13 to 2079 24, inclusive,of the Civil Code set forth on page 2 Read it carefully 1IWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK(OR A SEPARATE P E) J �1 ElBuyereller❑ n Landlord❑ Tenant X__a) I _ Date 1/31 /17 Ciry o Redlands � Fl Buyer❑Seller[]Landlord❑ Tenant Date Agent Debra Hanna BRE Lic.#01473392 Real Estate Broker(Firm) By BRE Lic #09473392 Date (Salesperson or Broker-Associate) Debra Hanna Agency Disclosure Compliance(Civil Code§2079 14) .When the listing brokerage company also represents Buyer/Tenant The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant .When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies (i)the Listing Agent shall have one AD form signed by SellerlLandlord and (ii) the Buyer's/Tenant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer If the same form Is used Seller may sign here (SELLER/LANDLORD DO NOT SIGN HERE) (SELLERILANDLORD DO NOT SIGN HERE) Seller/Landlord Date Seller/Landlord Date The copyright laws of the United States(Title 17 U,S Cade)forbid the unauthorized reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats Copyright 1991 2010 CALIFORNIA ASSOCIATION OF REALTORS® INC (Reviewed by Date ALL RIGHTS RESERVED ear"ousuc AD REVISED 12114(PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Debra Hanna,Braker,P.O.Box 365 Loma Linda,CA 9235.1 Phone 909.526.25x2 Fax.866.497.3945 1615 Park Ave Debbie Hanna Produced with ziffor"by zipLogix 18070 Fifteen Mile Roac[,Fraser Michigan 48026 www_zmLaoix.rom CIVIL CODE SECTIONS 2079 24(2079 16 APPEARS ON THE FRONT) 2079 13 As used in Sections 2079 14 to 2079.24 inclusive the following terms have the following meanings (a) Agent means a person acting under provisions of Title 9(commencing with Section 2.295)In a real property transaction and Includes a person who is licensed as a real estate broker under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Code,and under whose license a listing Is executed or an offer 10 purchase Is obtained (b) Associate licensee means a person who is licensed as a real estate broker or salesperson under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Cade and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent When an associate licensee owes a duty to any principal,or to any buyer or seller who is not a principal in a real property transaction that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions (c) Buyer"means a transferee In a real property transaction and Includes a person who executes an offer to purchase real property from a seller through an agent or who seeks the services of an agent in more than a casual transitory or preliminary manner with the object of entering into a real property transaction "Buyer" includes vendee or lessee (d) "Commercial real property" means all real property in the state except single family residential real property dwelling units made subject to Chapter 2(commencing with Section 1940)of Title 5 mobilehomes as defined in Section 798.3 or recreational vehicles,as defined in Section 799.29 (e) Dual agent means an agent acting,either directly or through an associate licensee,as agent for both the seller and the buyer in a real property transaction (f) Lishrig agreement means a contract between an owner of real property and an agent by which the agent has been authorized to sell the real property or to find or obtain a buyer (g)"Listing agent"means a person who has obtained a listing of real property to act as an agent for compensation (h)"Listing price"is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent (i)"Offering price"is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property 0) Offer to purchase means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller (k) Real property means any estate specified by subdivision(1)or(2)of Section 761 in property that constitutes or is improved with one to four dwelling units any commercial real property any leasehold in these types of property exceeding one year's duration, and mobllehomes,when offered for sale or sold through an agent pursuant to the authority contained in Section 101316 of the Business and Professions Code (1) Real property transaction"means a transaction for the sale of real property in which an agent Is employed by one or more of the principals to act In that transaction and Includes a listing or an offer to purchase (m) Sell sale or sold refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer transactions for the creation of a real property sales contract within the meaning of Section 2985 and transactions for the creation of a leasehold exceeding one year's duration (n)`Seller"means the transferor In a real property transaction,and includes an owner who lists real property with an agent,whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another Seller"Includes both a vendor and a lessor (o) Selling agent"means a listing agent who acts alone or an agent who acts in cooperation with a listing agent and who sells or finds and obtains a buyer for the real property or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller (p) Subagent means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349)of Chapter 1 of Title 9 However, subagent"does not include an associate licensee who is acting under the supervision of an agent in a real property transaction 207914 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079 16 and except as provided in subdivision (c) shall obtain a signed acknowledgement of receipt from that seller or buyer except as provided in this section or Section 2079 15 as follows (a)The listing agent if any shall provide the disclosure form to the seller prior to entering into the listing agreement (b)The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision(a) (c)Where the selling agent does not deal on a face to face basis with the seller,the disclosure form prepared by the selling agent may be furnished to the seller(and acknowledgement of receipt obtained for the selling agent from the seller)by the listing agent or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address in which case no signed acknowledgement of receipt is required (d)The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase except that if the offer to purchase is not prepared by the selling agent the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer 2079 15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079 14 the agent or an associate licensee acting for an agent shall set forth sign and date a written declaration of the facts of the refusal 2079 16 Reproduced on Page 1 of this AD form 207917(a)As soon as practicable,the selling agent shall disclose to the buyer and seller whether the selling agent Is acting in the real property transaction exclusively as the buyers agent exclusively as the seller's agent or as a dual agent representing both the buyer and the seller This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller the buyer and the selling agent prior to or coincident with execution of that contract by the buyer and the seller respectively (b)As soon as practicable the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent,or as a dual agent representing both the buyer and seller This relationship shall be confirmed In the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller (c) The confirmation required by subdivisions(a)and(b)shall be in the following form (DO NOT COMPLETE SAMPLE ONLY) is the agent of(check one) ❑the seller exclusively or❑both the buyer and seller (Name of Listing Agent) (DO NOT COMPLETE SAMPLE ONLY) is the agent of(check one) ❑the buyer exclusively or 0 the seller exclusively or (Name of Selling Agent If not the same as the Listing Agent) ❑both the buyer and seller (d) The disclosures and confirmation required by this section shall be In addition to the disclosure required by Section 2079 14 207918 No selling agent in areal property transaction may act as an agent for the buyer only when the selling agent is also acting as the listing agent in the transaction 2079 19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction and the terms of any such agreement shall not necessarily be determinative of a particular relationship 2079.20 Nothing in this article prevents an agent from selecting as a condition of the agent's employment a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079 14 and Section 2079 17 are complied with 2079.21 A dual agent shall not disclose to the buyer that the seller Is willing to sell the property at a price less than the listing price,without the express written consent of the seller A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price without the express written consent of the buyer This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price 2079 22 Nothing in this article precludes a listing agent from also being a selling agent and the combination of these functions in one agent does not of itself make that agent a dual agent 2079 23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship 2079 24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure ® Published and Distributed by REAL ESTATE BUSINESS S SERVICES INC a subsidiary of rheCafifomlaAssocratrorrofREALTORSO � Reviewed by Date ` 525 South Virgil Avenue Los Angeles Califom€a 90020 AD REVISED 12114(PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 2 OF 2) Produced with zipFormO by zipLogix 18070 Fiheen Mile Road Fraser Michigan 48026 www zioLooix cnm 1615 park Arc ,* C A L I F O R N I A BUYER'S VACANT LAND ADDITIONAL INSPECTION ASSOCIATION ADVISORY OF REALTORS'' (C.A R Form BVLIA 11113) Property Address 1615 Park Ave Redlands CA 92373 ("Property") A IMPORTANCE OF PROPERTY INVESTIGATION The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations A general physical inspection typically does not cover all aspects of the Property nor Items affecting the Property that are not physically located on the Property if the professionals recommend further Investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property you should contact qualified experts to conduct such additional Investigations Additionally some Inspections such as those listed below may be of particular Importance when purchasing vacant land B BUYER RIGHTS AND DUTIES You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal practical and technical Implications of disclosed facts, and the Investigation and verification of Information and facts that you know or that are within your diligent attention and observation The purchase agreement gives you the right to investigate the Property If you exercise this right, and you should, you must do so in accordance with the terms of that agreement This is the best way for you to protect yourself It Is extremely Important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the Inspection You have the right to request that Seller make repairs corrections or take other action based upon Items discovered In your investigations or disclosed by Seller If Seller Is unwilling or unable to satisfy your requests or you do not want to purchase the Property in its disclosed and discovered condition you have the right to cancel the agreement if you act within specific time periods If you do not cancel the agreement In a timely and proper manner, you may be in breach of contract C SELLER RIGHTS AND DUTIES Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property However, Seller may not be aware of some Property defects or conditions Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow The purchase agreement obligates Seller to make the Property available to you for investigations D BROKER OBLIGATIONS Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other Improvements, or the condition of the roof, plumbing, heating, air conditioning electrical sewer septic waste disposal, or other system The only way to accurately determine the condition of the Property Is through an Inspection by an appropriate professional selected by you If Broker gives you referrals to such professionals, Broker does not guarantee their performance You may select any professional of your choosing If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY 1F YOU DO NOT DO SO,YOU ARE ACTING AGAINST THE ADVICE OF BROKERS E YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING 1. FINANCE Financing the purchase of vacant land finance and especially financing construction loans for the improvement of vacant land can provide particular challenges Including subordination agreements and insurance requirements Buyer is advised to seek the assistance of reputable lenders in assistance with their decisions regarding financing of the property 2 CONSTRUCTION COSTS If Buyer is contemplating building improvements on the property, Buyer is advised that they will have to contact directly any contractors, service providers, suppliers, architects, utility companies regarding the costs of Improvements Buyer is advised to get written bids from all such persons regarding their decision to develop the property 3. UTILITIES Unimproved property may or may not have utilities available to the property Buyer(s) is advised to obtain information from the public or private utility provider about the availability and cost of providing utilities to the property and whether necessary easements are in place to allow such utilities to the property 4 ENVIRONMENTAL SURVEY Unimproved land may have had or may have hazardous materials stored upon or under the land or been used by persons engaged In activities exposing the land to hazardous materials The land may also be host to protected vegetation or animal life Buyer(s) Is advised to satisfy themselves as what hazards or protected plant or animal life are on the property and what impact they may have on Buyer's future plans for the operty by seeking the help of a qualified professional Buyer's Initials( )f ) Seller's Initials ( ) O 2013,California Association of REALTORS0,Inc Reviewed by Date BVLIA 11113(PAGE 1 OF 2) EQUAL HOUSING CP GiTPJNITY BUYER S VACANT LAND ADDITIONAL INSPECTION ADVISORY(BVLIA PAGE 1 OF 2) Debra Hanna,Broker,P,O Box 365 Loma Linda,CA 92354 Phone 909.528.2512 Fax.866.497.3945 1615 Park Ave Debbie Hanna Produced with zipForm®by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 www.z!DLooix.com Property Address 9895 Park Ave Redlands CA 52373 Date. 5 NATURAL HAZARDS REPORTS Buyer(s) is advised that while certain disclosures are required by state, federal and local laws, hazard disclosure companies can provide additional disclosures for both natural and man-made hazards or nuisances for a cost Buyer is advised to seek the advice of a natural hazards reporting company regarding additional reports and disclosures that buyer may wish to obtain 6 SUBDIVISION OF THE PROPERTY If Buyer's plans Include future subdivision of the property (whether under the Subdivision Map Act of the Subdivided Lands Law) multiple, complex Issues regarding city, county, state, and federal laws may be presented Buyer is strongly advised to seek the advice of California legal counsel familiar with federal, state and local subdivision requirements Buyer and Seller acknowledge and agree that Broker (i) Does not decide what price Buyer should pay or Seller should accept, (h) Does not guarantee the condition of the Property (in) Does not guarantee the performance adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others, (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property (v) Shall not be responsible for Identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an Inspection of reasonably accessible areas of the Property or are known to Broker, (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service advertisements flyers or other promotional material (ix) Shall not be responsible for providing legal or tax adv€ce regarding any aspect of a transaction entered into by Buyer or Seller, and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge education and experience required to perform real estate licensed activity Buyer and Seller agree to seek legal,tax, insurance, title and other desired assistance from appropriate professionals By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory Buyer is encouraged to read it carefully SELLER ♦ _ — _ - Date 1 /.31117 Gity of Redlands � SELLER Date BUYER Date Balboa Park Properties LLC BUYER Date ®2013 California Association of REALTORSO Inc.United States copyright law(Title 17 U.S Code)forbids the unauthorized distribution display and reproduction of this form or any portion thereof by photocopy machine or any other means including facsimile or computerized formats THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C.A.R) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is made available to real estate professionals through an agreement with or purchase from the Califomia Association of REALTORSO it is not intended to identify the user as a REALTORS REALTORS is a registered collective membership mark which maybe used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Cade of Ethics r Published and Distributed by REAL ESTATE BUSINESS SERVICES INC " a subsidiary of The Cafifomia Association of REALTORSO 525 South Virgil Avenue Los Angeles California 90020 Reviewed by Date BVLIA 11/13(PAGE 2 OF 2) EouAL HOUSING OPPORULNFY BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY(BVLIA PAGE 2 OF 2) Produced with zipForm®by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 www.zioLooix.com 1615 Park Ave CALIFORNIA CONFIRMATION OF REAL ESTATE AGENCY =� ASSOCIATION RELATIONSHIPS OF R E A L T O R S (As required by the Civil Code) (C A R Form AC, Revised 04108) Subject Property Address 1615 Park Ave, Redlands, CA 92373 The following agency relationship(s) is/are hereby confirmed for this transaction LISTING AGENT (Print Firm Name) is the agent of(check one) ❑the Seller/Landlord exclusively, or ❑both the Buyer/Tenant and Seller/Landlord SELLING AGENT Debra Hanna (Print Firm Name) (If not the same as Listing Agent) Is the agent of(check one) ©the Buyer/Tenant exclusively or ❑the Seller/Landlord exclusively, or ❑both the Buyer/Tenant and Seller/Landlord I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONFIRMATION Seller/LandlordC'y V/P t 06ZE�� Date �3 irA f;��' Redlands Seller/Landlord Date Buyer/Tenant Date Balboa Park Properties LLC BuyerlTenant Date Real Estate Broker(Selling Firm) Debra Hanna By Date Debra Hanna Real Estate Broker(Listing Firm) By Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. This form is available for use by the entire real estate industry It is not intended to identify the user as a REALTOR® REALTOR®is a registered collective membership mark which may be used only by members of the NATIONAL_ASSOCIATION OF REALTORSID who subscribe to its Code of Ethics The copyright laws of the United States(17 U.S Code)forbid the unauthorized reproduction of this form by any means,including facsimile or computerized formats Copyright 0 1987 2008,CALIFORNIA ASSOCIATION OF REALTORS® Published and Distributed by REAL ESTATE BUSINESS SERVICES INC " a subsidiary of the Cafiforma Association of REALTORS® c 525 South Virgil Avenue Los Angeles California 90020 I Reviewed by Date e4uAL uausI"c CONFIRMATION REAL ESTATE AGENCY RELATIONSHIPS(AC PAGE 1 OF 1) OPPCRTLJN17Y Debra Ranee,Broker,P.O Box 365 Loma Linda,CA 92354 Phone 909.528.2512 Fax:866.497.3945 1615 park Ave Debbie Hanna Produced with zipFormS by zipLogix 18070 Fifteen We Road,Fraser Michigan 48026 www.zioLooix.com