Rolling Hills Estates Municipal Code Ch. 5.52 Property Records Disclosure in Real Estate Transactions

As part of any real estate transaction, building or zoning records provide an important source of information for both the property owner and potential buyer. Therefore, it is the purpose of this chapter to provide for the disclosure of such information prior to the sale or transaction of residential or commercial properties.

(Prior code § 1400)

"On-site inspection" means an inspection consisting of the superficial observation by the city's authorized building inspector of structures which may or may not have been issued appropriate permits.

"Property" means any unimproved or improved real property, including all structures and other improvements located thereon.

"Sale" or "transaction" means the execution of final documents at the close of escrow, which documents provide that title to or ownership of real property is transferred from one owner to another owner.

(Prior code § 1401)

The provisions of this chapter shall not apply to the following situations:

A. The sale of a newly constructed residential or commercial building for which occupancy occurs less than two years from the date original building permits were issued;

B. Buildings and properties acquired by the city.

(Prior code § 1404)

Any interested owner of real property including both residentially and commercially designated property within the city, including persons in the process of acquiring real property or any agent acting on their behalf, may obtain a complete permit record for such property at a fee established by city council resolution. In addition, the parties may obtain an on-site inspection to be performed on the property by the city's authorized building inspector at a fee established by city council resolution.

(Prior code § 1402)

A. Prior to the sale of any residential or commercial property, the seller(s) or their agents shall inform the buyers that building permit reports and on-site inspection services are available upon request of the buyer.

B. The buyer shall sign a statement of understanding which shall be prepared by the city attorney and approved by the city council indicating either:

1. That the buyer will obtain building permit records and/or an on-site inspection to be performed by the city's duly authorized building inspector at the expense of the buyer; or

2. That the buyer waives his/her rights to obtain the building permit records and ability to request an on-site inspection of the subject property prior to completion of the sale.

C. Prior to the sale of the property, the seller(s) or their agents shall file this statement of understanding with the city clerk.

(Prior code § 1403)

All persons receiving property records or inspection information are encouraged to independently verify the information provided. Neither the enactment of this chapter nor the preparation of the records report or inspection procedures shall impose any liability upon the city for any errors or omissions contained in the records report or inspection.

(Prior code § 1405)

No sale shall be invalidated solely because of the failure of any person to comply with this chapter unless such failure is an act or omission which would be a valid ground for recision of the sale.

(Prior code § 1406)

* Editorially changed in accordance with letter from city manager dated 6/30/92.