Deep Dive Assistance Filling Advanced Forms
CALIFORNIA RESIDENTIAL OFFER & FORMS GUIDE
A Complete Guide for Agents, New Realtors, and Brokerages Using EZ Offer California Forms
Our forms are fully enforceable, compliant with California law, and accepted by escrow, title companies, and lenders. This guide walks you step-by-step through mandatory disclosures, standard offer components, required addenda, and best practices so you can prepare professional, complete, and competitive offers.
SECTION 1 — MANDATORY DISCLOSURES (REQUIRED IN EVERY RESIDENTIAL OFFER)
These documents are always required in California residential transactions:
1. Lead-Based Paint Disclosure (for properties built before 1978)
Federal requirement.
Must include:
EPA “Protect Your Family from Lead in Your Home” pamphlet.
Signed LBP form by both Buyer & Seller.
Seller disclosure of known hazards.
Include Renovate Right pamphlet if renovation occurred
Signed acknowledgment by both parties
Buyer’s receipt confirmation
2. Natural Hazard Disclosure (NHD)
Provided by a 3rd-party company.
Mandatory statewide.
3. Statewide Buyer & Seller Advisory (SBSA)
Covers the same topics as the C.A.R. version.
Universally included in all deals.
4. Buyer Inspection Advisory (BIA)
Explains buyer’s duty to inspect property.
5. Wire Fraud Advisory (WFA)
Protects against wire fraud.
Standard in every offer package.
6. Agency Disclosure (AD)
Explains representation and consent to dual agency.
7. Water Heater / Smoke / CO Detector Disclosure
Confirms California safety compliance.
Tip: Always attach these seven mandatory disclosures to every residential offer—they form the legal foundation of your package.
SECTION 2 - SELLER DISCLOSURES BROKERS MUST EXPECT
Transfer Disclosure Statement (TDS)
Seller Property Questionnaire (SPQ)
NHD Report
HOA documents (if applicable)
Lead-Based Paint Disclosure
Recent repairs & receipts
Known defects
Tip: Buyers can cancel if disclosures are incomplete.
SECTION 3 - BUYER REPRESENTATION AGREEMENT (BRA)
What brokers fill in:
Territory
Most common: Entire State of California (avoids restrictions).
Price Range
Standard: Any price unless otherwise agreed
Common range: $400,000 – $2,500,000 (buyer profile dependent).
Compensation
Typical: 2%–3% commission, often stated as “greater of 2.5% or seller cooperation.”
Duration
Common: 90 days; luxury or investor clients may extend to 6 months.
Exclusions
Examples: Relative’s home, property under negotiation, property already in contract.
Dual Agency Consent
Most brokers select “Yes” because dual agency is common in CA.
SECTION 4 - MOST IMPORTANT FORMS
Overview: These are the forms you use most often. This section helps clients, new agents, and brokers complete forms correctly, avoid mistakes, and follow standard California practices.
1. Residential Purchase Agreement (RPA)
When to Use:
This is the primary contract for any residential purchase in California.
Use for single-family homes, condos, townhouses, and other residential property types.
Key Sections to Complete:
| Field | Guidance | Tips for Realtors | Common Mistakes |
|---|---|---|---|
| Buyer & Seller Names | Enter full legal names exactly as they appear on ID or title. Include entities if applicable. | Double-check spelling and capacity (trust, LLC). | Using nicknames, abbreviations, or incomplete names. |
| Deposit / Earnest Money (EMD) | Usually 1–3% of purchase price. Larger deposits can make offers more competitive. | Advise clients that higher deposits strengthen offers but are fully refundable if contingencies aren’t met. | Forgetting to specify deposit form (check, wire transfer, escrow). |
| Common Addenda | AD, BIA, SBSA, WFA, MCA, Lead-Based Paint Disclosure. | Always attach mandatory disclosures and initials for buyer acknowledgment. | Leaving required addenda off; not having buyer initial pages. |
| Contingency Periods | Standard 17 days for inspections, loan, and appraisal contingencies. | Clarify with buyer that deadlines are strict; missing them can waive contingencies. | Leaving blank, incorrect deadlines, or not coordinating with escrow. |
| Closing Timeline | Typically 30 days unless negotiated otherwise. | Confirm with client their preferred move-in date and lender timeline. | Using default dates without confirming client needs. |
| Fees | Seller pays title insurance & transfer tax; Buyer covers escrow, loan, and inspection fees. | Review fee allocation with clients to avoid surprises. | Misstating who pays which fees; incorrect proration. |
| Initialing | Every page must be initialed by Buyer & Seller. | Remind clients to initial each page to prevent invalidation. | Missing initials; using signatures instead of initials on pages. |
Realtor Guidance for Clients:
Walk through the entire RPA line by line.
Explain contingencies, timelines, and deposit risks.
Highlight the importance of initialing every page.
2. Buyer’s Inspection Advisory (BIA)
When to Use:
Always included with the RPA. Advises buyers to inspect property thoroughly.
How to Fill / Advise Clients:
Buyer initials acknowledgment for inspections: home, roof, HVAC, plumbing, pest, and any additional systems.
Emphasize that inspections protect the buyer, even if the home looks perfect.
Common Mistakes:
Buyer skips initialing.
Agent does not review each type of inspection and timeline.
Realtor Tip:
Explain that inspections are a buyer’s protection tool, and skipping them is risky.
3. Statewide Buyer & Seller Advisory (SBSA)
When to Use:
Covers all standard statewide disclosure risks. Mandatory for every transaction.
How to Fill / Advise Clients:
Buyer initials every page.
Buyer signs acknowledgment on the final page.
Realtor Tip:
Highlight major disclosure categories: defects, soil, water, flood, pest, and neighborhood issues.
Explain that this document does not replace a home inspection.
Common Mistakes:
Forgetting initials or signature.
Skipping pages or rushing through acknowledgment.
4. Wire Fraud Advisory (WFA)
When to Use:
Protects buyers and sellers against email and wire fraud scams.
How to Fill / Advise Clients:
Buyer & Seller sign acknowledgment.
Explain common fraud tactics (fake wiring instructions, spoofed emails).
Common Mistakes:
Not reviewing instructions with clients.
Not attaching WFA to the offer package.
5. Market Conditions Advisory (MCA)
When to Use:
Advises buyers that market conditions can impact value, interest rates, and availability.
How to Fill / Advise Clients:
Buyer initials acknowledgment.
Review how market conditions may affect pricing, loan approval, and negotiations.
Common Mistakes:
Skipping client review.
Not explaining risk of changing interest rates or competitive markets.
6. Agency Disclosure (AD)
When to Use:
Must match RPA designations (buyer agent, seller agent, dual agent).
How to Fill / Advise Clients:
Both agents sign.
Buyer & Seller sign acknowledgment.
Explain dual agency and conflicts of interest.
Common Mistakes:
Using outdated forms.
Not obtaining signatures from all parties.
7. Natural Hazard Disclosure (NHD)
When to Use:
Provided after offer acceptance. Buyer signs acknowledgment.
How to Fill / Advise Clients:
Confirm the NHD report is complete and accurate.
Highlight hazards: flood, fire, earthquake, tsunami, landslide, etc.
Common Mistakes:
Sending incomplete reports.
Buyer unaware of implications of hazards.
8. Transfer Disclosure Statement (TDS)
When to Use:
Completed by Seller; Buyer acknowledges receipt.
How to Fill / Advise Clients:
Ensure all known defects are disclosed (roof, plumbing, mold, electrical, structural).
Encourage seller to document repairs.
Common Mistakes:
Omitting known defects → legal risk.
Buyer signs without review.
9. Seller Property Questionnaire (SPQ)
When to Use:
Completed by Seller; Buyer acknowledges receipt.
How to Fill / Advise Clients:
Covers HOA rules, neighborhood concerns, past insurance claims, boundary disputes, and improvements.
Realtors should review SPQ for red flags to advise buyers.
Common Mistakes:
Skipping questions.
Misrepresenting property conditions.
10. Water Heater & Smoke/CO Detector Statement
When to Use:
Confirms California safety compliance.
How to Fill / Advise Clients:
Seller certifies compliance.
Buyer signs acknowledgment before closing.
Common Mistakes:
Missing signatures.
Not inspecting equipment or ensuring compliance.
11. Lead-Based Paint Disclosure (Pre-1978 Homes Only)
When to Use:
Required for homes built before 1978.
How to Fill / Advise Clients:
Attach EPA “Protect Your Family from Lead in Your Home” pamphlet.
Include Renovate Right pamphlet if renovations occurred.
Buyer & Seller sign acknowledgment.
Common Mistakes:
Forgetting pamphlets.
Buyer initialing without reading.
12–15. Other Common Forms
| Form | When to Use | Realtor Guidance | Common Mistakes |
|---|---|---|---|
| Contingency Removal (CR) | Post-acceptance to remove contingencies | Advise buyer on timeline & legal effect | Skipping buyer initials, unclear removal date |
| Verification of Property Condition (VP) | Confirms property condition pre-close | Compare with inspection; attach photos | Not attaching to file, vague descriptions |
| Extension of Time Addendum (ETA) | Extend contingency or closing deadlines | Clearly define new dates; get all signatures | Missing signatures, unclear end date |
| Buyer/Seller in Possession Agreements | For early or extended possession | Detail rent, responsibilities, insurance | Forgetting dates or tenant responsibilities |
Realtor Tip:
For all pre-1978 homes, EPA Lead Pamphlets are mandatory.
Always review every page with the client and ensure initials & signatures.
Use checklists to track completion and avoid mistakes.
SECTION 5: SHORT SALE, PROBOATE, TRUST, AND SPECIAL ADDENDA
These forms are used less frequently than the core Tier 1 forms but are essential for complex or non-standard transactions. This guide helps agents understand when to use each, how to fill it, and how to advise clients properly.
1. Short Sale Addendum
When to Use:
Property is being sold for less than the owed mortgage balance.
Lender approval is required before closing.
How to Fill / Advise Clients:
Include buyer withdrawal rights until lender approval is obtained.
Document lender requirements and estimated approval timelines.
Ensure buyer understands risks: long approval times, potential cancellation, or rejection.
Common Mistakes:
Not submitting full buyer financial package to lender.
Forgetting to attach lender approval deadlines.
Misleading buyers about timing or likelihood of approval.
2. Probate Addendum
When to Use:
Seller is an estate executor/administrator and the property is sold via probate.
Court confirmation may be required for sale.
How to Fill / Advise Clients:
Confirm executor’s authority and provide Letters of Administration if needed.
Explain overbid process, if applicable.
Ensure buyers understand the property is sold “As-Is” with no warranties beyond disclosures.
Common Mistakes:
Not verifying court confirmation requirements.
Failing to clarify buyer rights in overbid situations.
Misunderstanding executor authority.
3. Trust Addendum
When to Use:
Seller is a trustee or property is held in a trust.
How to Fill / Advise Clients:
Obtain Trust Certification to verify authority.
Confirm signatory authority and correct legal entity name.
Explain that trust assets and documentation may affect closing timelines.
Common Mistakes:
Using incorrect signatory.
Failing to attach Trust Certification.
Overlooking limitations in trust documents.
4. HUD / REO Addendum
When to Use:
Property is HUD-owned, bank-owned, or REO.
How to Fill / Advise Clients:
Clarify that property is sold “As-Is”; no repairs are offered.
Review any HUD or bank disclosure packages carefully.
Explain buyer inspection rights and possible restrictions on negotiations.
Common Mistakes:
Not attaching HUD / REO addenda package.
Misrepresenting property condition or repair obligations.
5. Vacant Land Purchase Addendum
When to Use:
Property is undeveloped land, lots, or acreage.
How to Fill / Advise Clients:
Advise buyers on zoning restrictions, utility access, soil studies, and septic requirements.
Extend due diligence timelines for land-specific inspections and surveys.
Document allocation of responsibilities (surveys, permits, assessments).
Common Mistakes:
Forgetting to verify access or easements.
Omitting soil or environmental studies.
6. HOA Addendum
When to Use:
Property is part of a Homeowner Association (condo, townhouse, PUD, gated community).
How to Fill / Advise Clients:
Attach HOA documents: CC&Rs, rules, financial statements, reserves, assessments, and transfer fees.
Clarify buyer responsibilities and contingencies related to HOA approval.
Track deadlines for reviewing HOA docs.
Common Mistakes:
Forgetting to include HOA transfer fees.
Not disclosing assessments or pending litigation.
7. Seller / Buyer-in-Possession Agreements (SIP / BIP)
When to Use:
Seller remains after closing (SIP) or buyer occupies property before close (BIP).
How to Fill / Advise Clients:
Specify occupancy dates, per-diem rent, security deposit, and insurance coverage.
Outline responsibilities for utilities, maintenance, and repairs.
Common Mistakes:
Not specifying insurance or liability responsibilities.
Forgetting to document per-diem rent or occupancy terms.
8. 1031 Exchange Addendum
When to Use:
Either party is performing a tax-deferred exchange under IRC Section 1031.
How to Fill / Advise Clients:
Include cooperation clause for exchange deadlines.
Clarify non-exchanging party obligations.
Document exchange identification deadlines.
Common Mistakes:
Delaying closing inadvertently.
Not specifying exchange identification dates.
9. Seller Financing / Carryback Addendum
When to Use:
Seller provides financing for part of the purchase price (carryback or balloon financing).
How to Fill / Advise Clients:
Document interest rate, payment schedule, balloon dates, and default terms.
Ensure buyer solvency and ability to comply with payments.
Common Mistakes:
Missing payment terms or balloon dates.
Failing to document security instruments (promissory note, deed of trust).
10. Solar Energy System Addendum
When to Use:
Property has leased or owned solar panels, PACE lien, or third-party financing.
How to Fill / Advise Clients:
Confirm ownership status (lease vs. owned).
Document transfer of lease or payoff obligations.
Include maintenance agreements or warranties if applicable.
Common Mistakes:
Not verifying payoff or transfer terms.
Overlooking solar panel liens or obligations.
11. Tenant-Occupied Property Addendum
When to Use:
Property is tenant-occupied, with existing leases.
How to Fill / Advise Clients:
Disclose rent control, tenant rights, and lease terms.
Document tenant vacate timeline, prorated rents, and deposits.
Provide copy of current lease and any tenant agreements.
Common Mistakes:
Failing to notify buyer of tenant rights.
Not clarifying rent proration or possession date.
Realtor Tips for All Specialty Addenda:
Always review addenda with clients line by line.
Attach all required disclosures and supporting documents.
Track deadlines and contingencies carefully in your transaction calendar.
Ensure signatures, initials, and dates are present.
Use a checklist to avoid missing optional but recommended sections (solar, HOA, SIP/BIP, trust certification).
SETION 6: REQUIRED FIELDS FOR NUANCED FORMS
Buyer & Seller Information:
Full legal names, entity names, signatory capacity, contact info.
Property Information:
Full address, APN, legal description, unit number.
Escrow & Title (Leave Blank at Offer Stage):
Escrow number, officer, title company, wiring info.
NOTE TO AGENTS:
“Leave these fields blank. Completed only by licensed escrow/title professionals after acceptance.”
Transaction Dates:
Offer date, expiration, contingencies, occupancy periods, 1031 deadlines.
Financial Terms:
Purchase price, seller carry financing, HOA fees, vacant land allocations, solar transfer fees, seller credits.
Addendum-Specific Fields:
Short Sale, Probate, HUD/REO, Vacant Land, Tenant-Occupied requirements.
SECTION 7: PROFESSIONAL REFERENCE GUIDE FOR NUANCED FORMS
1. Exclusive Listing Agreement (ELA) Guide
Purpose:
Gives broker exclusive right to market/sell property.
Ensures agent is compensated if property sells via any party.
When to Use:
Standard for most residential listings.
Recommended for professional marketing, guidance, active representation.
Protects broker’s commission even if seller finds buyer independently.
Key Fields Agents Must Complete:
Property Information: Address, parcel number, type, lot size, bedrooms, bathrooms, improvements.
Listing Price & Terms: Specify price, conditions, approval for changes.
Listing Period / Term: Typical 90–180 days; 6–12 months for high-end/unique properties.
Broker Compensation / Commission: Percentage or flat fee, co-brokerage terms, scenarios during/after listing.
Exclusive Rights & Exceptions: Confirm broker exclusivity, clarify exceptions.
Marketing Authorization: MLS, online, print, signage, professional photography, virtual tours, open houses.
Disclosures & Compliance: Ensure seller provides mandatory disclosures.
Dual Agency / Conflict Disclosure: Written disclosure and consent; seller initials/signs.
Common Mistakes to Avoid:
Failing to specify dates → confusion over commission rights.
Leaving compensation blank → disputes.
Not detailing marketing scope → limits promotion.
Forgetting dual agency disclosure.
Missing seller signatures on mandatory disclosures.
Best Practices:
Initial every page with seller.
Retain copies for broker and seller.
Explain how exclusive representation works.
Review local MLS rules.
Include optional addenda (e.g., Seller Financing).
2. Month-to-Month (M2M) Rental Agreement Guide
When to Use:
Tenant will not sign a 1-year lease.
Transitional or temporary property.
Landlord requires flexibility to terminate (30–60 days notice).
Agent Guidance:
Comply with rent control caps.
Deposits within legal limits.
Proper notice periods for tenant and landlord.
Common Mistakes:
Forgetting required disclosures.
Ignoring local ordinances.
Using fixed lease terms accidentally.
3. Sublease Agreement Guide
When to Use:
Only if original lease allows or landlord approves.
Key Fields:
Sublease term ≤ master lease.
Subtenant follows original lease rules.
Deposit management clearly documented.
Rent collection responsibilities defined.
Red Flags:
Unstable subtenant income.
AirBnB or short-term rentals.
Subleasing without landlord notice (illegal).
4. Move-In / Move-Out Condition Form Guide
Purpose: Protect landlord & tenant from deposit disputes.
Best Practices:
Joint walkthrough, attach photos.
Tenant initials each section.
Sign at both Move-In & Move-Out.
Common Mistakes:
Leaving sections blank → invalidates deductions.
5. Lease Renewal / Extension Agreement Guide
When Used:
Lease continues beyond initial term.
Rent increases or terms change.
Options:
Renewal: New 12-month lease.
Extension: Short-term continuation (30–90 days).
Month-to-Month: Flexible but higher risk for rent increases.
Common Mistakes:
Not updating rent.
Forgetting deposit amounts.
Ignoring local rent caps.
6. Security Deposit Accounting Statement Guide
When Used: Within 21 days of tenant moving out.
Agent Responsibilities:
Attach receipts/invoices for deductions.
Ensure legal deductions.
Deliver refund to forwarding address.
Illegal Deductions:
Normal wear and tear.
Painting (unless excessive damage).
Carpet aging (prorate lifecycle).
Common Mistakes:
Delaying refunds → penalties up to full deposit + damages.
7. Additional Addenda Usage Guide (Tier 2 Addenda)
Back-Up Offer Addendum:
Seller accepted another offer; buyer remains second.
Not binding until activated.
Deposit due only if activated.
“As-Is” Addendum:
Seller will not repair.
Investor, distress, trust, probate sales.
Seller must disclose known defects.
Buyer may inspect; contingency applies unless waived.
Vacant Land Addendum:
Raw land purchases.
No implied warranties.
Buyer verifies utilities, zoning, access.
Seller Financing Addendum:
Seller acts as lender.
Draft Promissory Note and Deed of Trust.
Terms clearly explained.
1031 Exchange Addendum:
Tax-deferred exchanges.
Does not delay closing.
No additional costs to non-exchanging party.
HOA / Condo Addendum:
Required if property part of HOA.
Obtain CC&Rs, rules, financial statements, reserves, litigation info.
SECTION 8: DISCLAIMER
EZ Offer California LLC is not a law firm and does not provide legal advice. Forms are for informational and educational use only. Users must verify details with brokerage or attorney.
Not affiliated with California Association of REALTORS® or National Association of REALTORS®.
Consult a qualified California real estate attorney or licensed professional for advice specific to your situation.
Legal & Copyright Notice:
©EZ Offer California LLC. All Rights Reserved. Unauthorized reproduction prohibited under U.S. copyright law (Title 17 U.S. Code).