Pursuant to Article 6.5 (commencing with Section 38780) of Chapter 10, Part 2, Division
3, Title 4 of the
Government Code of the state of California, it is the intent of the city council to assure that the purchasers of residential property within this city are furnished with reports of matters of city record pertaining to the authorized use, occupancy, and zoning classification of residential property prior to sale or exchange.
(Prior code § 65100.01)
For the purposes of this chapter:
"Agreement of sale"
means any agreement, reduced to writing, which provides that
legal title of any real property shall thereafter be conveyed from
one owner to another.
"Owner"
means any person, partnership, association, company, corporation
or fiduciary in whom or which is vested legal title to residential
property, as defined herein, or who or which possesses the power to
convey legal title to such residential property.
"Residential property"
means:
1.
Any real property improved with one or more buildings or structures
which in whole or in part are used for or are legally permitted to
be used for dwelling unit or guest room purposes;
2.
Any vacant real property located in a zone wherein dwelling
or guest room uses are legally permitted.
(Prior code § 65100.04)
Prior to entering into an agreement of sale or contracting for
an exchange of any residential property, or, where an escrow agreement
has been executed in connection therewith, prior to the close of escrow,
the owner or owner's agent shall deliver to the buyer or transferee
of such property the report of residential property classification
hereinafter described.
(Prior code § 65100.07)
The report of the owner completed on a form furnished by the
planning director shall be delivered by the owner or owner's agent
to the buyer or transferee of the subject residential property prior
to entering into an agreement of sale or exchange of the property.
Except that where, in connection with the sale or exchange, an escrow
agreement has been executed, the seller or seller's agent may transmit
such reports to the escrow agent, with an instruction that the agent
would present these reports to the buyer or transferee prior to close
of escrow, or may instruct the escrow agent to obtain the report forms
and fill them out and present them to the buyer or transferee prior
to the close of escrow. A copy of the report completed by the owner
or owner's agent, endorsed by the buyer or transferee, showing its
receipt, shall be filed with the planning director, together with
a fee which may be set, from time to time, by the council to cover
the costs of the work of the city in this respect, and shall be delivered
to the city at the close of the escrow for the sale or immediately
upon the execution of the agreement of sale or exchange of the residential
property.
(Prior code § 65100.16)
No sale or exchange of residential property subject to the provisions
of this chapter shall be invalidated because of the failure of any
person responsible for furnishing the reports required by this chapter
to furnish such report, unless such failure is an act or omission
which would be a sufficient ground for the rescission of such sale
or exchange in the absence of this chapter.
(Prior code § 65100.22)
It is unlawful for the owner of a residential building to sell
or exchange the same without first having obtained and delivered to
the buyer the report required in this chapter.
(Prior code § 65100.25)