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California's New Residential Purchase Agreement Hits the Streets

By
Real Estate Broker/Owner with Preferred Home Brokers 00402040

 In California we have a brand new Residential Purchase Agreement, referred to as the RPA.

  • Your agent's understanding the purchase contract is one of the most fundamental aspects of your real estate transactions, yet I'm sorry to say that's not always the case.  Just last week we had an agent who called our office and during the discussion asked what we meant by an RPA?

Recently the California Association of REALTORS rolled out the brand new residential contract. Some REALTORS feel the changes are minor (and some are) yet having a clear understand of the agreement inside and out, frontwards and backwards can make all the difference when it comes to the sale of your home or residential investment property.

It's also helpful to know the changes in the contract are not statutory, meaning the prior contract is still an option. However it's also important to know that many of the clauses in the new contracts also refer to other other state forms/disclosures which have been revised to work with the new purchase agreement and may not be applicable with the older version.

So when it comes to buying or selling a residential property in California, work with a REALTOR in the know when it comes to the purchase agreement that YOU will be asked to sign. Remember informed consumers make the best decisions.

If you're buying or selling a So Cal homes, I'd love to hear from you. You can text or call me direct at (714) 595-1494. My company, Preferred Home Brokers is one one of the longest established under the same ownership in Orange County. Email me at Lynda@PreferredHomeBrokers.com

Broker License #00402050.

 

Comments(15)

Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Lynda - there is a lot to learn about this revised contact. I look forward to more sharing on the changes and what they mean for us, and for our buyers and sellers. And of course risk management.

Jeff

May 10, 2010 02:25 PM
Lisa Hill
Florida Property Experts - Daytona Beach, FL
Daytona Beach Real Estate

Do they have classes at your local Board, to teach REALTORS all the ins and outs of the new contracts? And are your contracts used by the layman as well as the licensees? Our FAR and FAR/BAR contracts can only be used by REALTORS. FSBO's have to find something else, somewhere else. But for our FAR and FAR/BAR contracts, our Board offers constant training, since our contracts are changed every couple of years. I love those classes. I'm fascinated by the legalities, and I like to have the upper hand for my clients =)

May 10, 2010 05:53 PM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

The fact that someone had to ask what an RPA was is scary. It makes it easy to see why consumers have bad experiences with many agents. How can you not keep up with Real Estate 101 and expect to succeed?

May 11, 2010 01:14 AM
William Johnson
Retired - La Jolla, CA
Retired

Good Morning Lynda,

A very nice intro to the new RPA. Our brokerage had our legal council provide an in office meeting to review the new contract, the changes and both the weakness and strengths of this agreement. I used to serve on CAR's Standard Forms committee and have a profound respect for how these forms get revised. It is a very smart idea for both the Buyers and the Sellers to better understand the content of these forms and have a draft sample to best understand the complexity prior to when they are needed. 

Outside of the agreement, the counter offer needs to be expanded to accommodate the often many changes that may be needed in a response to an offer or counter. I personally would like to see the Counter Offer made a lot better with more room to respond.

I would also like to see a different form used for distressed properties. Same with the Listing agreement that could account for the various differences that Sellers of distressed properties ( SS) would be agreeing to in those situations.

Sadly, we spend more time learning the social media sites than the most important aspects for representing the fiduciary interests of the client.

I read recently that the TDS will be revised this year to account for various changes. That is one form that could and should be greatly improved and hopefully it will be. Great post .

May 11, 2010 05:10 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Jeff ~ You're right, there were also more changes than anticipated, at least more than most of us think.

Lisa ~ Yes we do, this one was actually at our Assoc. office. There are a few more coming up. Our CAR forms have become (pretty much) the standard of our industry for REALTOR members of our state assoc. I saw one last week that a non-REALTOR did a cut and paste with one, about absolute no-no for many reason.

Bill ~ I agee, the agents in my office know it's (the purchase agreement) the foundation of your transaction.

William ~ You've made some good points and I'd agree about the counter offer. As for another RPA for distressed, I think if the ss addendum is used I'm okay with that. Although I'd imagine that very few are using the Investor purchase agreement on properties with NOD filings. I'd doubt that most even know the difference and why/when that contract is to be used.

And yes, your work and efforts on standard forms are appreciated by those of us in the trenches, thanks. It will also be interesting to see if/what other updates will be made of the TDS with the addition of the carbon monoxide detectors. It could be interesting.

May 12, 2010 04:29 PM
William Johnson
Retired - La Jolla, CA
Retired

Hi Lynda,

I have made a couple dozen copies of the draft RPA and now give to Buyers before we go out showing homes. It is a great way to introduce the Agency Relationship Disclosure, right on page one, 1st paragraph-Please sign here. Also great as you mentioned to go over with new Seller's so they know what to expect. I was thinking about doing a blog with a step by basic presentation ( CAR will have this done for the language in a month or so) , paragraph by paragraph and then having a link to it on my website.

May 14, 2010 06:05 PM
Martha Brown
Long & Foster Real Estate, Inc., Annapolis MD 21403 - Annapolis, MD
Your Homes Around Annapolis Agent

In MD a new contract is pushed out each October sometimes with minor changes and sometimes with major. New addendums are hitting us almost every month it seems so staying on top of the contract paperwork isnt an option...its a must. But alas there are many who do not. I introduce the contract to a perspective buyer at our first meeting so as we progress to finding a home they have any questions or concerns answered. It works every time.

May 15, 2010 06:28 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Lynda  You certainly are ahead of the curve - very professional, easy to understand presentation  Karen

May 17, 2010 04:55 AM
Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection

Lynda it is always a pleasure watching your video and I know the consumers will appreciate the information you share.  It is important for agents to understand the form so that it can be fully explained to a client.

May 17, 2010 04:00 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Lynda --Interesting to know there has been a revision to the purchase and sales agreement in California.  If you have a moment, I would love to take a look at it.  I have been on the forms committee off and on and I am always curious to see what other states are doing.  We just had some changes to the NH forms and it always is a learning process.

May 23, 2010 03:18 PM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co
Hi William ~ You know our RPA can be a bit overwhelming at times, there is so much to learn and understand about the contract. Like you, I do prefer to give it to both buyers and sellers in advance with a yellow highlighter for questions. Imho, bite size pieces work the best when it comes to these things. Martha ~ A new contract EVERY year? Youzza, that's got to be tough to deal with at times, yet I'm sure each version would be an improvement, right? Thank you Karen and Jennifer. Hi Joan ~ Yes, I'd be happy to send you one. At least one of our changes appears to have come about from another state, we all learn from each other.
May 24, 2010 08:12 AM
Bob Willis
Berkshire Hathaway HomeServices California Properties - Orange, CA
Orange County & L.A. County Real Estate Agent

Good blog post.  I have studied the new RPA, and my broker has already given us several classes on it, so I feel very comfortable with it now.

May 27, 2010 11:43 AM
Cyndee Haydon
Charles Rutenberg Realty - Clearwater, FL
727-710-8035 Clearwater, Beach Short Sales Luxury Condos &Homes

Lynda, awesome video - loved it! We just got a new contract her in Florida effective Aug 1st and this would be a great way to help inform buyers and sellers - as always, learning from you my friend! 

Jul 11, 2010 03:28 PM
Maya Thomas, Broker
Tampa, FL
Please see my client recommendations.

Hi Lynda,

You sure know your stuff!  When speaking you can see that you are an expert.  When writing someone can be looking at notes.  You are definitely the person I would want to work as a buyer or seller in CA!

Maya

Jul 25, 2010 04:47 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Bob ~ Good thing you have a good broker who is on top of things.

Cyndee ~ Thank you, ours was recently revised, I just spent a  1 1/2 days in class just on the revisions.

Maya ~ Thank you, I love working in this contract.

Jul 26, 2010 01:54 PM