What Are Current Rebuilding Requirements in California?

Defensible Space Around Property

If you sell your California residential property or buy a new one, the seller and buyer will be responsible for disclosing and reviewing the current information about fire zones and the proximity of that property to fire zones per State Fire Marshal mapping. In Los Angeles County, Very High Fire Hazard Severity Zone (VHSFZ)requires fireproofing based on current standards for rebuilds. Actually, every homeowner no matter their location, should review these standards for home protection:

• Class A Roofing - Includes clay tile, asphalt shingle, concrete tile,  steel, slate tile. No wood shake.  Use concrete stop in clay tiles to prevent intruding embers.
• Use roof and ridge vents. Any vents should have screens (1/8") to prevent ember intrusion. 
• Roof gutters must have screens, spark arrestors in chimneys when burning solid fuel.
• Exterior walls: 1-hour rated made of stucco, brick, fiber cement siding--wood siding doesn't comply.
• Doors: Fire retardant wood or non-combustible for garage doors; other exterior doors to have 20-minute rating-metal, glass and solid hardwood, layer of tempered glass over glazing.
• Windows: One pane of double paned windows to be tempered.
• Decks, stairs, risers to be non-combustible materials, fiber cement, concrete/stone patio walkways.
• Defensible space: No vines or climbing plants, leave a clear 5 feet perimeter around house, remove dead vegetation 100 feet from structure, hedges no higher than 8 feet. Plant removal:  no Juniper, Italian Cypress, Bougainvillea, Wisteria, Eucalyptus, Pampas grass, and others. Remove fuel ladders by separate higher and lower plantings with at least a 2 foot space.
•  
• A final word on Smoke Cleanup: 
• Replace air filters, get ducts cleaned, and check for any exterior equipment damage.
• Use portable air cleaner with HEPA filter for as long as possible.
• Replace insulation in vented spaces. Smokey smell will return in hot months.
• Debris cleanup: use water, not a blower. Review local agency restrictions.
• Water:  remove all filters and clean/check all equipment.
• Under sink systems:  Drain multiple times, change filter.
• Whole house systems should be checked by a maintenance company.
  

See prior post.

This list is not all-inclusive of all activities a homeowner may have to take, please consult your local area County or City requirements.

*Information and illustration from Joseph Spierer Architects.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Seller Top 10 Legal Mistakes, Part IV

Not providing the buyer with legally required disclosures.

There is an important form used by REALTORS in California transaction named the Transfer Disclosure Statement (TDS) for residential sellers to make certain written disclosures about their property. This form is required by the California Civil Code, since 1987.

Sellers often forget how important it was to them as a buyer to find out what their seller could tell them about their new home. Buyers still want to know, so what is a checkbox and a few blank lines to fill in to a seller on the TDS is a world of important information to the buyer(s).

The TDS is meant for the seller to tell the buyer what is within their ordinary knowledge about their property, i.e., repairs, how recently painted, permitted and non-permitted modifications or additions, how old the roof is, new flooring, is there a sump pump under the subflooring--in other words, things that the mentally present person is not likely to have forgotten about.  There is even an additional multi-page Property Questionnaire covering numerous topics to prompt the seller's memory, a document which is not legally required but is often requested by the buyer's agent. Buyers sometimes think that sellers purposely didn't tell them certain things, like that rot that was found after the brick facing was removed from the front of the house. But things can happen that the seller may have no knowledge of, especially if they lived there for many years without spending money on maintenance. But then there's the case of the freshly painted bathroom that may have been covering over the water stains from a roof leak, which the buyer found out about on physical inspection, but where there was no disclosure about it on the TDS.  Sellers, it only upsets buyers when you're not totally forthcoming--it may be painful to negotiate during escrow and walk away with less money, but it could be saving you from an angry buyer (that did not discover a problem during escrow) and a lawsuit later on.

It's important to give this TDS document to the buyer, in the time period stated in the contract, since the buyer has the right to cancel the contract otherwise. If the seller thinks he/she doesn't have to provide this form and refuses to do so, the seller will be liable for any resulting damages (that means . . . attorneys, and more money spent).  If they seller accidentally includes wrong information, and then realizes it later, they may amend the TDS and give it to the buyer. There are certain sellers exempt from this form, such as in probate cases, and trust, plus a few other types.

And there are other required disclosures, including those about natural hazards, lead paint, special districts, and others, such as death on the property.  If someone died on the property more than 3 years prior to the buyer's offer to purchase, or if they died from AIDs, the seller is not required to disclose that fact, unless the buyer asks. If someone did die before that time, then the seller must disclose it--because if you the seller thinks the buyer won't be talking to the neighbors later on, you should think again.  Buyers should know what they are concerned about before and during their buyer investigation period, so that they are not unpleasantly surprised after they move in.

This is a more complex and lengthy subject than in this post, if you have questions please feel free to contact me.
An observation:  It's so very difficult to absorb all that is conveyed in the tiny print in these transactions, so my advice is:  turn off your TV, do not check your phone, your iPad, your computer, just sit and focus in as quiet a place as possible when completing your documents.  It is not a time for multi-tasking.

Do Abandoned Oil Wells Impact Your Neighborhood

In early Southern California real estate, homeowners were enticed into additional income by having an oil well, literally in the back yard behind a little bungalow house. On a larger scale, oil was drilled for in certain areas which coincide with earthquake fault lines. Many were capped and ultimately receded into dim memory. But no longer. The presence of these wells could have an impact on a seller's use of their property.

While this map gives only the overview, you get the idea of how many active (green) and abandoned (red) oil wells there are in the Long Beach area alone.

The City of Huntington Beach considers this such a vital issue that a report is required by law to be made by a seller as to the whether or not any such wells were ever present on a property.

According to the company which maps these wells, there are 4,000 abandoned wells in Long Beach, 1600 in Signal Hill, and 3600 stretching from Seal Beach to Newport Beach. For a larger version of this map, just e-mail me.

Long Beach long beach real estate 'Voice this!