Palm Desert Municipal Code Ch. 5.11 Disclosures Upon Transfer of Residential Property

A. Pursuant to Civil Code Section 1102.6a, in addition to those disclosures required by Civil Code Section 1102.6, the seller of any single-family residential property located within the city shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement:

"Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, ext. 483."

B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code Section 1102.6 or as soon as practicable thereafter.

C. For purposes of this section:

1. "City" means the city of Palm Desert, California.

2. "Single-family residential property" means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such; (b) a unit in a residential stock cooperative, condominium, or planned unit development; or (c) a mobile home or manufactured home when offered for sale or sold through a real estate broker pursuant to Business and Professions Code Section 10131.6.

3. "Seller" means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. "Seller" includes both a vendor and lessor of real property.

4. "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 a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a purchaser, vendee, or lessee of real property.

(Ord. 1375 § 2, 2022; Ord. 1421, 12/12/2024)

The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code Section 1102.6a:

LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS _____. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. _____ OF THE PALM DESERT CITY CODE AS OF _____, 20 _____. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

(Ord. 1375 § 2, 2022; Ord. 1421, 12/12/2024)