Whether or not you've owned a home before, buying one in California is likely to involve different practices and procedures than you've encountered in the past. The good news is, it’s a state whose laws are very friendly to home buyers! Here’s a primer of what’s ahead.
California law does not require that the buyer and seller physically come together at the closing table, or ever deal with each other face to face. Buyers and sellers in California are often represented by real estate brokers and agents, who communicate with each other on their clients’ behalf. Therefore, it is entirely possible that you might visit, ask questions about, and negotiate a purchase agreement for a home without ever coming into contact with the seller.
Some states require that the buyer and seller both physically attend the closing. At closing, also sometimes referred to as a “settlement,” the buyer (or lender) will provide funds for the purchase price, the seller will sign the deed over to the buyer, the deed will be registered so that the buyer appears as the record owner, and proceeds of the sale will be distributed to the seller.
However, in California, all of these acts may take place at the title or escrow company in your absence. The keys are delivered to you once all the paperwork has been handled. This is efficient, as it permits the closing to take place once the terms of the sale and escrow instructions are satisfied, and not be delayed by scheduling conflicts.
While some states require that an each party to a real estate transaction retain a lawyer to represent their interests at the closing; California does not. When you buy a home in California, you (and your broker or agent) will most likely use a standard form called the Residential Purchase Agreement and Joint Escrow Instructions to make your offer. Your real estate agent will help you complete this form, and you are not required to have an attorney review it. If the seller accepts your offer, he or she can simply sign this form, and it will serve as the final contract. (The seller will likely counteroffer, but this too can be done using the standard form.)
However, if you have questions about the offer and contracting process that your agent is unable to answer, or if your transaction is particularly complex, it may make sense to seek legal advice from a reputable local attorney.
California law permits sellers and buyers to be represented by the same real estate broker in a real estate transaction. When the seller and buyer are both represented by the same real estate broker, or are represented by two separate agents that work for the same broker, this is called a dual agency relationship.
Many states do not permit dual agency, recognizing the possible conflict of interest that arises when an agent is charged with the task of obtaining the highest price on behalf of the seller, while also bargaining for the lowest price on behalf of the buyer, without sharing confidential information with either party.
In California, however, dual agency is permitted as long as both the buyer and the seller consent to the dual agency in writing.This consent is ordinarily provided on a form titled, “Disclosure Regarding Real Estate Agency Relationships,” which identifies the broker and agents involved in the transaction, and the parties they represent.
Mello-Roos taxes are imposed on owners of property to fund improvements to local infrastructure. The law that permits imposition of this special tax is called the Community Facilities Act, authored by Senator Henry J. Mello and Assemblyman Mike Roos, thus the name “Mello-Roos.” (Government Code §53311-53368.3.) The funds from the taxes finance bonds used to build or enhance streets, sewer and sanitation systems, police and fire protection, schools, parks, and other local cultural facilities.
Only properties located in a Mello-Roos Community Facilities District (“CFD”) can be subject to a Mello-Roos tax. If you are buying a home in California, you will want to ask whether the property is subject to Mello-Roos taxes and what the expected special tax payment is each year.
California law places an unusually high level of responsibility on home sellers to tell prospective buyers about the property’s physical condition, features, pest problems, environmental concerns, and any other material defects. See “California Home Buyers: What You Can Learn From the Seller's Disclosure Report” for details.
Buying a home in California can be a new experience and much different than buying a home in another state. However, if you know what to expect and ask the right questions, you can have a smooth and successful real estate purchase experience.