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17 Top Things At New CA Residential Purchase Agreement Form Released

By
Real Estate Agent with HomeSmart, Evergreen Realty

New CA Residential Purchase Agreement Form Has Been Published - November 25, 2014

The CA Residential Purchase Agreement form was revised and published by the CALIFORNIA ASSOCIATION OF REALTORS® – with new forms today on November 25, 2014.

California Residential Purchase Agreement Form

This contract has grown in size and scope to include statutory clauses and incorporate evolving needs of real estate professionals.

CA Association of Realtors
The RPA-CA is a most-trusted contract form used by Realtors and real estate professionals in California.

17 Top Things At New CA Residential Purchase Agreement Form Released

1. This form now takes a unified approach to inspections and repairs. Wood-destroying pests and organisms inspection, and all other inspections, are treated equally (see paragraph 7.A).

2. The time to remove the buyer loan contingency has been extended from 17 to 21 days by default on this form (However, this amount time is negotiable between the parties). Coinciding with this change is removal of an optional paragraph allowing the loan contingency to remain until the loan is funded.

3. A new paragraph has been added to explicitly address the issue of items included in the sale that may not be owned by the seller or that may, by virtue of their presence, cause a lien to be recorded against the property (such as installed solar panels and equipment).

4. The paragraph concerning what is included in the sale now specifically mentions what is being call “home automation systems”. These devices allow a home owners to remotely control certain home functions, such as turning on the water, lights, or appliances, or setting the alarm, and adjusting the thermostat on the HVAC system (see paragraph 7.B.8). Items excluded from the sale (see paragraph 7.B.8.C.).

5. The default method for the buyer’s obligation to bring a deposit directly to escrow has been changed to an electronic deposit rather than a check (see paragraph 3.A.(1).

6. No longer will the removal of the loan contingency automatically be deemed a removal of the appraisal contingency (see paragraph 3.J.2). These two separate important terms are to be independent.  And if the appraisal contingency is removed and the buyer’s chosen lender refuses to loan because the appraisal is too low, the buyer cannot rely on the lender’s appraisal as a reason to cancel the contract without penalty.

7.  Who pays for government requirements and retrofit (see paragraph 7.B)

8.  Agent Visual Inspection disclosure impact (see paragraph 10.2)

9.  Buyer’s right of inspection (see paragraph 12.A.)

10.  Preliminary title report to buyer (see paragraph 13.A).

11.  Time periods and removal of contingencies (see paragraph 14.A. and B)

12. Effect of Cancellation of Contract (see paragraph 14.G.)

13.  Repairs by seller (see paragraph 16)

14.  Scope of duty of brokers (see paragraph 18.B.)

15. Representative capacity for signing of documents (see paragraph 19)

16. Assignment of contract rights (see paragraph 26).

17. Mediation and arbitration provisions preserved (see paragraph 22.C.)

Coldwell Banker residential brokerage

By Harrison K. Long.  Source of some information is article at Property ID.

Professional REALTOR® agent representation and help for property owners, home sellers, private trust estate representatives, estate administrators, executors and heirs, probate and trust attorneys, estate planners, income tax professionals, public guardians, fiduciaries, investor group managers, bankers, and individuals, with listing and sale of properties at Orange County, CA.

Contact us at 949-854-7747 with your questions about home prices and values at Irvine and other Orange County CA cities and areas.

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Laura Allen, Lake Tahoe - Truckee Real Estate for Sale TahoeLauraRealEstate.com
Coldwell Banker Realty, Tahoe City, CA (530) 414-1260 - Tahoe City, CA
Tahoe Real Estate Agent Helping Buyers and Sellers

Harrison - Now more than ever, Orange County real estate buyers and sellers need to select an agent like yourself that is on top of the recent major residential purchase contract changes.

Your post today really shows that you are a real estate professional that is investing in on-going education and understands how important knowing how this document works will be to their purchase or sale experience!  

Excellent recap on some of the major changes  that have just been made to the most common residential purchase contract in California!  

Nov 28, 2014 10:51 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I'm glad that CA RPA is changing to reflect what our clients need today. Yet, almost every item can still be negotiated.

Jan 23, 2015 03:38 PM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Inna ... You're right that most provisions of the CA RPA - residential purchase agreement - are negotiable.

Professional real estate representatives need to be careful to represent their clients during the seller disclosure process.  Buyers need to be especially careful to request changes and repairs needed, including wood and termite remediation.

Jan 24, 2015 01:37 AM
Anonymous
anne

Great article. Thanks for the info. BTW, if anyone needs to fill out a “CAR RPA Form”, I found a blank form here: http://goo.gl/rwzEe7

Jun 29, 2015 02:46 PM
#4
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Anne ... Your comment encourages people to go to PDF filer to fill out blank CA residential purchase agreement forms.  Be careful.  CAR forms are copyrighted and legally protected. I doubt that PDF filer has rights to these forms.

Jun 29, 2015 03:24 PM