13-0416_IVAR SOUTHERN_California Residential Purchase Agreementcopy
CALIFORNIA
'A 1. I r u R N l n RESIDENTIAL
PURCHASE AGREEMENT
' n S S OC I .A r I ON AND JOINT ESCROW INSTRUCTIONS
}'
if RLDI I ORS For Use With Single Family Residential Pmporry —Attached or Detached
(CAR. Farm RPA -CA, Revised 4110)
Dale 2013
1. OFFER:
A. THIS ISANOFFERFROM Iver seuchom '�Buyef)
B. THE REAL PROPERTY TO BE ACQUIRED IS desOnbed as 27762 O Hichirwary. San Juan CoPists,eAD,G 92675
Assessor's Pamel No. , stressed in
San Juan Caplateana . County o1 Ornna . California. (-Peowny L
C. THE PURCHASE PRICE olfri ed Is Five_ Ifixtedried TOP Tho.,and —
(Dollars 55 10, 000, 00)
D. CLOSE OF ESCROW Shall occur on (data)(.1 M 4_ Day. After Acceptance).
2. AGENCY:
A. DISCLOSURE: Buyer antl Seller each acknowledge prior receipt of Is "DgCdS an Rugarding Real not. Agency Relalionships'
(C. AR. Form AD)
IS. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer antl Seller each aexnowleage exempt of a d2Gdlean of in. waslbilary of
mu0lpla representation by the Broker representing that principal Thdo disclosure may h0 pall Of a hariang agreemeal, buyer representation
agreement or separate document (C.A.R. Farm OA) Buyer understands Nal Broker representing Buyer may else represent other potenliel
Ireland. who may Consider, make Offers On or ultimately acquire Ne Properly Seller uM)arstards that Broker representing S011ee may also
represent other Solis. wltn comeepng properthes of interest ID In. Buyer
C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction
Lasting Agent R /N (Print Flrm Name) is 1110 agent
of asock aria) ❑ the Sailor a.Gereenth, or ® Dam the Buyer and Salter
Seting Agent (Print Firm Name) (if not the sant as Ne
Living Agent)Ia the agent of (,had ane).[] the Buyer exclusively', or I] the Seller exousvet,. or®both the Buyer and Seller Reel Estate
Brokers are not Dames to the Agreement balsam Buyer and Seller
Y FINANCE TERMS: Buyer reprniontS that funds will be good when deposited wMt Escrow Holder.
A. INITIAL DEPOSIT: Deposit shall Do In the amount of ..... ... ... ..... ..5 20 000.00
(1) Buyer shall deliver deposit dwadiy to Eschow, Halder by pme0nal 000, O electronic fund. tmnafey[] Other
within J Dulness days after ad ep unser, for ❑ Omer ).
OR (2) (II checked) [3 Buyer has given the deposit by personal Check (or ❑ 1
to the agent submitting the offer (or to [] 1,
made payable to The deposit shall be hell
unWanee Unlit Acceptance and then deposited wllh EsaNV Holder (or into Brokers trust aecounp within 2
business days tiger Acceptance (or ❑ 011ier 2
B. INCREASED DEPOSIT: Buyer shall deposit with Eschew Holder an increased deposit In the amount of S
-than Days After Acceptance, or ❑
It a liquidated damages clause is Incorporated into this Agreement. Buyer and Setter Shan Sign a separate
liquidated damages clause IC.A R. Form RID) for any increased deposit at the time it Is deposit"
C. LOAN(S):
(1) FIRST LOAN: In the.nlem Or. ... .. ... ..S 470 000.00
This loan will be conventional financing or, If chocked ® PHA. 0 VA. Q Seller (C A R. Form SFA),
assumed financing (C AB. Form PAA), Q Other This loan shall de at a fixed
,.is not to mewed %a,, Q an adluetaUb cele loan wen mi ,el rate not to exceed %
Rogardloss of the type of loon. Buyer shell pay points nor to exwed % of the loan amount
12)0 SECOND LOAN; In the a mount of. . . . I I . . I 1 S
This loan will be conventional financing or, A ciached. 0 Seller (C A . Form SFA). C] assumed 4nanong
(C A Form PAA), 0Other This loan snarl be at a fvad rale not to exceed
%er. ❑ an adjustable rate loan with urged rate not to exceed %. Regardless of
the type of loan. Buyer shall pay paints not to exceed %of the loan amount
13) FHANA: Far any FHA or VA loan swafed above. Buyer has 17 for ) Days After Acceptance
to Oelwor to Seller written notice (C A. R. Form FVA) of any leader -required repairs or orals that Buyer
requests Seller to pay for or repair. Salle( has no obligation to pay for leperrs or satisfy lender requirements
unless otherwise agreed In writing.
0. ADDITIONAL FINANCING TERMS:
E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT: in the amount of. ... 5. 20.000.00
la be deposited with Escrow Nader wahin suOlcranl tame to done escrow
F. PURCHASE PRICE(TOTAL): ...... .. _... 6 510,000.00
Eateries antels I= -") ) ( ) - Boilers INiaria I ) ( ) {
m � ,,,. m aro Mrd Dana' ITM lr u 9 CaYlrm'Y+J taw urulvuNrYmxxrm N ua wm m u
q yMrwfry mvfim a mry sande ascent nNyxq Igm,b n cnaryleauaJ vneN'
a, rynpnlG rppl im0 CMIfu1111NeaSOI:N1111N el llI.Alln'A led All leallPsolgenvA.
RPA -CA REVISEO 4110 (PAGE I OF O) rtomewa4 oy sum
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 1 OF 9)
Agent: Rosalinda Hernandez Phone: 949.661.7300 Fax: 949, 467,5117 Prepared Using zipFom�softwara
Broker: Ro1Max Encore 31901 Camino Capistrano Sults B San Juan Capistrano. CA 92075
ATTACHMENT 1
27762 Ortega Highway
Prt+perty Address: San Juan Capistrano, CA 92675 Date: March 8, 20I3
G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 3H(1)) shall, within 7 (or
Q } Days After Acoeptance, Deliver to Seller wrnlen verification of Buyer's down payment and closing costs. (it checked,
verification attached)
H. LOAN TERMS:
(1) LOAN APPLICATIONS: Within 7 (or Q } Days After Acceptance. Buyer shall Deliver to Seller a letter from lender or loan
broker stating that, based on a review of Buyers written application and credit report. Buyer is prequalified or preappfoved for any NEW loan
specified in 3C above. (If checked, ❑ letter attached.)
(2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated toon(s). Obtaining the loan(s) specified above
is a contingency of this Agreement unless otherwise agreed in writing. Buyer's contractual obligations to obtain and provide deposit- balance
of down payment and closing costs aro not contingoncies of this Agreement.
(3) LOAN CONTINGENCY REMOVAL:
(1) Within 17 (or Q ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing remove the loan contingency
or cancel this Agreement:
OR (it) (if checked) ® the loan contingency shall remain in effect until the designated loans are funded.
(4) 0 NO LOAN CONTINGENCY (If checked), Obtaining any loan specified above is NOT a contingency or this Agreement If Buyer does not
obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyers deposit or other legal remedies.
I. APPRAISAL CONTINGENCY AND REMOVAL: Tills Agreement is (or, if chocked, Q is NOT) contingent upon a written appraisal of the Property
by a licensed or cerofied appraiser at no less than the specified purchase price. If there is a loon contingency, Buyer's removal of the loan
contingency shall be deemed removal of this appraisal contingency (or, Q If chocked. Buyer shall, as specified In paragraph 146(3). in writing
remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance). If there is no loan contingency.
Buyer shall, as specified in paragraph 148(3). In writing remove the appraisal contingency or cancel this Agreement within 17 (or )
Days After Acceptance.
J. ❑ ALL CASH OFFER (If checked): Buyer shall, within 7 (or Q ) Days After Acceptance. Deliver to Seller written verification of
sufficient funds to close this transaction. (if checked, Q verification attached.)
K. BUYER STATED FINANCING: Seller has relied on Buyer's representation of the type of financing specified (including but not limited to, as
applicable, amount of down payment. contingent or non contingent loan, or all cash). If Buyer seeks aftemate financing, (i) Seller has no obkgatcon
to cooperate with Buyers efforts to obtain such financing, and (it) Buyer shall also pursue the financing method specified in this Agreement
Buyer's failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in
this Agreement
4. ALLOCATION OF COSTS (If checked) Unless otherwise specified in writing, this paragraph only determines who Is to pay for the Inspection, test or
service ("Report`) mentioned, it does not determine who is to pay for any work rocommanded or identified in the Report.
A. INSPECTIONS AND REPORTS:
(1) Q Buyer ® Seiler shall pay for an inspection and report for wood destroying pests and organisms ('Wood Pest Repon") prepared by
a registered structural pest control company
(2) ❑ Buyer Q Seller shall pay to have septic or private sewage disposal systems pumped and inspected
(3) [3 Buyer O Seller shall pay to have domestic wails tested for water potability and productivity
(4) Q Buyer ® Seller shall pay for a natural hazard zone disclosure report prepared by disclosure aourco
(5) Q Buyer Q Selzer shall pay for the following inspection or report
(6) Q Buyer ❑ Setter shall pay for the following inspection or report
B. GOVERNMENT REQUIREMENTS AND RETROFIT:
(1) Q Buyer ® Seller shall pay for smoke detector Installation and/or water heater bracing, If required by Law. Prior to Close Of Escrow, Seiler
shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless exempt.
(2) O Buyer [] Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and
reports if required as a condition of dosing escrow under any Law.
C. ESCROW AND TITLE:
(1) ® Buyer ® Seller shall pay escrow fee e c to Pay chair own
Escrow Holder shall be ,so 1 I era hol ce
(2) Q Buyer ® Seller shall pay for owner's title insurance policy specified in paragraph 12E
Owners title policy to be issued by sal IurF choice
(Buyer shall pay for any title insurance policy Insuring Buyers lender, unless otherwise agreed In writing )
D. OTHER COSTS:
(1) ❑ Buyer ® Seller shall pay County transfer tax or fee
(2) Q Buyer Q Seger shall pay City transfer tax or fee
(3) Q Buyer Q Seger shall pay Homeowners Association ('HOA") transfer fee
(4) ❑ Buyer Q Seller shall pay HOA document preparation fees
(6) [] Buyer 0 Seller shall pay for any private transfer fee
(6) O Buyer ® Seller shall pay the cost, not to exceed S 450.00 of a one-year home warranty plan,
issued by Buyara Fxocacelan Group Roma Warranty with the following optional coverages
Q Air Conditioner ❑ PooV$pa Q Code and Permit upgrade ® Other CRSS groforred - --
Buyer Is informed that home warranty plans have many optional coverages In addition to those listed above Buyer is advised to investigate
these coverages to determine those that may be suitable for Buyer.
(7) 0 Buyer Q Seller shall pay for
(8) (] Buyer ❑ Seiler shall pay for
Buyers Initials:1: "- )(-) Sellers Initials ( lclllm) l )
CoperVMC 1991.2010. CALIFORAIA ASSOCtAMN OF REALITORGO. INC Roviowea by a:e 101uMeri►+e
RPA-CA REVISED 4110 (PAGE 2 OF 8) a►un+►tr
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 8) 27'62 Oicxa
27762 Ortega Nighyay
PrepertyAd'dress: San Juan Capistrano, CA 92675 Date: March 8, 2013
5. CLOSING AND POSSESSION:
A. Buyer Intends (or p does not intend) to occupy the Property as Buyers primary residence.
S. Sollor-occupled or vacant property: Possession shall be delivered to Buyer at 5 PM or ( ❑ ❑ AM ❑ PM). an the date of Close
Of Escrow; ❑ on or ❑ no later than Days After Close Of Escrow. If transfer of title
and possession do not occur at the some time. Buyer and Seller are advised to: 11) enter into a written occupancy agreement (C.A R. Form PAA.
paragraph 2); and (II) consult with their insurance and legal advisors.
C. Tonant-occupled property:
(I) Property shall be vacant at least 5 (or ❑ ) Days Prior to Close Of Escrow, unless otherwise agreed to writing. Note to Seller:
If you am unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be In broach of this
Agreement.
OR (11) (if checked) [) Tenant to remain In possession, (C.A.R, Form PAA, paragraph 3)
D. At Close Of Escrow, (1) Seller assigns to Buyer any assignable warranty rights for items included in the sale. and (II) Seller shall Deliver to Buyer
available Copies of warranties. Brokers cannot and will not determine the assignability, of any warranties.
E. At Close Of Escrow, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all locks, mailboxes, security systems,
alarms and garage door openers. if Property L4 a condominium or located in a common interest subdivision, Buyer may be required to pay a
deposit to the Homeowners' Association ('HOA") to obtain keys to accessible HOA facilities.
6. STATUTORY DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. (1) Seger shall, within the time specified In paragraph 14A. Deliver to Buyer. If required by Law: (1) Federal Lead -Based Paint Disclosures (C.A.R.
Form FLO) and parriphtet ("Lead Disclosures"); and (ill disclosures or notices required by sections 1102 at. seq. and 1103 OL seq. of the Civil
Code ('Statutory Disclosures). Statutory Disclosures Include, but are not limited to. a Real Estate Transfer Disclosure Statement ("TDS').
Natural Hazard Disclosure Statement ('NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax
and/or assessments (or, if allowed. substantially equivalent notice regarding the Mello.Roos Community Facilities Act and Improvement Bond
Act of 1915) and, d Seller has actual knowledge. of industrial use and military ordinance location (C A.R. Forth SPO or SSD).
(2) Buyer shall, within the time specified in paragraph 148(1). return Signed Copies of the Statutory and Lead Disclosures to Seller.
(3) In the event Seger, prior to Close Of Escrow. becomes aware of adverse conditions materially affecting the Property, or any material
Inaccuracy in disclosures. Information or representations previously provided to Buyer. Seiler shall promptly provide a subsequent or
amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for
conditions and material inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by
Buyer or ordered and paid for by Buyer.
(4) If any disclosure or notice specified in 6A(1), or subsequent or amended disclosure. or notice is Delivered to Buyer after the offer is Signed.
Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by
giving written notice of cancellation to Salter or Salter's agent,
(6) Note to Buyer and Seller. Waiver of Statutory and Load Disclosures Is prohibited by Law,
B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A. Seller shall, if required by Low. (1) Deliver to Buyer
earthquake guides (and questionnaire) and environmental hazards booklet; (11) even If exempt from the obligation to provide a NHO, disclose if
the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire
Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (111) disclose any other zone as required by Law and provide any other
information required for those zones.
C. WITHHOLDING TAXES: Within the lime specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified
substitute, an affidavit sufficient to comply with federal (FIRPTA) and Caldomia withholding Law. (C A.R. Form AS or OS)
0. MEGAN'S LAW DATABASE DISCLOSURE: Notice. Pursuant to Section 240.46 of the Penal Code, information about specified registered sex
offenders is made available to the public via an Internet blab site maintained by the Department of Justice at www.meganslaw ca gov. Depending
on an offenders criminal history. this information will include either the address at which the offender resides or the community of residence and
ZIP Code in which he or she resides. (Neither Seller nor Brokers ate required to check this website. If Buyer wants further Information. Broker
recommends that Buyer obtain information from this websile during Buyers inspection contingency period. Brokers do not have expertise in [his
area.)
7. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a
pplanned development or other common interest subdivision (C.A.R. Farm SPO or SSD).
B.
If the Property is a condominium or is located in a planned development or other common interest subdivision. Seger has 3 (or ❑ )
Days After Acceptance to request from the HOA (C.A,R. Form HOA): (1) Copies of any documents required by Law; (II) disclosure o any pending
or anticipated claim or litigation by or against the HOA; (III) a statement containing the location and number of designated parking and storage
spaces; (lv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact Information of
all HOAs governing the Property (collectively, "CI Disclosures). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA
and any Cl Disclosures in Sellers possession. Buyers approval of Cl Disclosures is a contingency of This Agreement as specified in paragraph
148(3),
a. ITEMS INCLUDED IN AND EXCLUDED FROM PURCHASE PRICE:
A. NOTE TO BUYER AND SELLER: Items listed as included or excluded In the MLS, flyers or marketing materials are not included in the purchase
price or excluded from the sale unless specified in 88 or C.
S. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property;
(2) EXISTING electrical, mechanical, fighting, plumbing and heating fixtures. ceiling fans, fireplace inserts, gas logs and grates, solar systems.
bullt•In appliances. window and door screens, awnings, shutters. window coverings, attached floor coverings. television antennas, satellite
dishes, private integrated telephone systems. air ceolers/conddloners, poolispa equipment, garage door openers/remote controls, mailbox.
In -ground landscaping, treeslshrubs, water softeners, water purifiers, security systems/alarms; (If checked ® stove(s). ❑ refrigerator(sL and
(3) The following additional items:
(4) Seller represents that all items included in the purchase price, unless otherwise specified, are awned by Seller.
(5) All items included shall be transferred free of gens and without Seger warranty.
C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, audio and video components (such as flat screen TVs and speakers) are excluded
If any such item is not itself attached to the Property. even 9 a bracket or other mechanism attached to Ihg gmponeni is attached to the Property,
and
Buyers InitISIS ( ) Sellers Initials (
Coon V4 o 19911-20110. CALIFORNIA ASSOCIATION OF REALTORS&, INC _ Raviawed by
RPA -CA REVISED 4110 (PAGE 3 OF 81
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 3
e err
27762 Oiccii
27762 Ortega Highway
Pfoperty ABErees: San Juan Capistrano, G 92675 Dale: March H, 2013
9. CONDITION OF PROPERTY: Unless ethemdse agreed(1) the Property is sold (a) In IIs PRESENT physical ('esJa") candlUon as of the data of
Acceptance and (b) subject to Buyers Investigation rights: gB the property, mdWing Pool. spa. landscaping and grounds. is to bar mameNed in
substanllolty the som r condition es on the dale of Acceptance and fill) all debet and personal propody nor included in the sale shall not semoved by
Saner by Close Of Esoeve
A. Seller shall, within the Irma specified In paragraph 14A, DISCLOSE KNOVIN MATERIAL FACTS AND DEFECTS affecling the Phassay Including
known ineumnce tlmms wtihin the past We yuan, and Make any and all atter disclosures required by law
B. Buyer has the right to hoped the Property and, as rogurf ed in p mgmph 14B. based upon information discovered In those mspecaioner (i) comet
this Agreement, or (it) request that Seiler make Repairs ar take the, aoeton.
C. Buyer Is strongly advised to conduct Investigations of the .11. Property In gWar to datomtlne Ile Present cmdI len. Seller may not be
.ware of all deface enlisting the Property or other fallen that Buyer considers IMPORAM. Property Improvements may not be built
according to case, In compliance with current Law, or have had permit issues.
10, BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyers acceptance of the condition ofand any other matter affecting the Fining , Is a wnOngenay at this Agreement as specified In In's
paragraph and paragraph 14B. Within the time specgled In paragraph 14B(t). Buyer shall have the right, at Buyers expense unless otherwise
agreed, to Conduct ageSs iana. investigations, legs, surveys and other studies (Buyer Inveatigallons ), including, but not limited lo, the right to:
(1) Insi for Mad -based paint and Omer lead-based paint hazards: (1I) inspect fpr wood destroyng pests and organisms: jiff) review the
addressed sax offender database; Pi wnfrm the Insurability of Buyer and the Property and (v) satisfy Buyer a to any it., speafied In the
attached Buyers Inspeolon Advisory (C A . Farm BIAI ViAmmil Sellers prior written consent. Buyer shall neither make nor cause to be made. (I)
mwsNe or tonniclive Suyc, Inve,o,01enet or (lit 1nsPeclions by any governmental burning or zoning Inspector or government employeeunless
required by Low
B. Sellar shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 148. complie Buyer Invesigalions
and, either remove the contingency or cones tills Agreement, and (1I) give Seller, at no Past wmp%le Copies of all ervestgolion reports obtained
by Buyer, all obligation shall survive the termination of ties Agreement.
C. Seller shall have water, gas, electricity and all apnnb,a pilot fights an for Buyers Investgations and through the dale possession is made
.variable to Buyer.
D. Buyer Indemnity and Sellar protection for entry upon props try, Buyer shall (1) keep the Property (me and clear of Ilene (it) repair all damage
Is Imo Buyer Investigations: and (ill Indemnify and hold Seller harmlers from all resulting liability claims, demands. damages and costs of
Buyers Investigations. Buyer abet carry, of Buyer than Moore anyone aping on Buyer's pain) to carry, pohcles of liability, workers'
comp ... risen end other applicable insurance, defending and protecting Seller tram liability for any Injuries to Persona or property occwdng during
any Buyer Invogigations or work done on the ROMOR, at Buyers dmcton prior In Close Of Escrow. Seller It Mi that eNm Protections may
be afforded Seller by recording a'Not u, of Nalrresponstbley" C.A.R. Form NNRI lar Buyer Inveeligalms. and ..,it dead on the Property at
Buyers dlmoidn Buyers obligations untie, has pdmgraph shall survive the termination or cancellation of this Agreement and Close of Escrow,
11. SEI r so hanl ncI IRPR ennFNOA• ADVISORIES: OTHER TERMS:
A.
12. TITLE AND VESTING:
A. Within the Oma specified in paragraph 14, Buyer shall the provided a current prellmmary title report. which shall include a search of the General
Ind... Seller gull ,,th.. y Days Atter Acceptance give Escrow Holder a completed Statement or Information The preliminary repot is only an
afro, by the title Insnrnr to Issue a pOhcy of till, insurance and may not Parents every slam affecting title. Buyers review of the prellmmary Ripon
and any ether malice which may affect title are a contingency of Nis Agreement as specified In pangmpb t4B.
B. Tills is taken in its present condition subject to all encumbranceseasements, covenants, coinfle ns, monsoons, rights and other mailers.
Whether of record or not, a. of the date of Awaplanw except. (I) monetary liens of revere unless Buyer le assuming those obligations of laking
the Prop rmy subject to hours obligations, and (il) those mailers which Seller has agreed to remove in string.
D. Vi the if. operated In paragraph 14A. Gall., hag a duty to disclose to Beyer all maters known 10 Bakes alfaeling bila, whether of rewfd a,
.at
D, Al Close Of Escrow, Buyer shall ncelve a grant deed conveying Nle (or, for stock cooperative or longterm lease. an asi gnment of stack
comical. or of Sellers leasehold tnteresg. Including ail, mineral and water rights If mores owned by Seller. Title shot vast as designated in
Buyers sunplemonel cerat Instactions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEOVENCES.
CONSULT AN APPROPRIATE PROFESSIONAL
E. Buyer shall mwive a CLTArALTA Homeowners Policy of Title Insurance. A title company, at Buyers request. can provide mrormmmn Minor the
aveeb lily, desirability. coverage. survey mquhpmemb, ark w91 Of various lee Insurance Cavae gas antl endorsements. It Buyer pages title
coverage other than that required by his paragraph, Buyer shall mated Escrow Halder in wailing and pay any Increase In cost.
13. SALE OF BUYER'S PROPERTY:
A. This Agreement is NOT contingent upon we sae or any properly owned by Buyer.
OR S. i] (If cheUed): The attached aMandum (C A R. Form COP) regaming the wmmi for the solo of 41-TMy owned by Buyer is imempernmd
Into Ihh ATgem
e�dm
Buyofs Invest. L=--. ) ( _ ) Senerb Initials
UMW,, eeae�]Ora. C.uepnwR Ksgawraw 01 aENrOn9k MC Rew,l by le rue ,v
RPi REVISED 4110 (PAGE 4 OF at
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPAZA PAGE 4 et 27761 Oman
27762 Ortega Highway
Property Address. San Juan CePiabrano, CA 92675 Dale. March B, 2013
14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The tollowing time Paribas may only be extended, altered,
mod0led or changed by mgtual written agreement Any ...at of contingencies or cancbllotlon under lis pereereph by either Buyer or
Seller must be exercised In good faith and in ant (CAR. Form CR or CC).
A. SELLER HAS: T (or I Days After Acceptance to Daiwa, to Buyer all Report, disclosures and afomwtlan far who Seller Is
responsible under paragraphs a, BA. B antl C. TA. GA, I IA and B. and 12. Buyer may give Seller a Notice to Seller to Perform (CA R. Form NSP)
if Seller has nor Delivered the items within the time speGSed.
B. (1) BUYER HAS: 17(or ❑ ) Days Aber Acceptance, unless defecate agreed in waling, to
(1) complete ail Buyer Investigations. approve all tltsdosures, reading and ether serenaded Information, which Buyer receives from Seller: and
approve ell other maaea aeetiirg the Propenyl and
(1I) Deliver to Seder Signed Copies of Saturn, and Lead Dbclosures Originated by Seller In accordance with paragraph BA
(2) Whom the time apedfmO In 148(1), Buyer may request that Better make reports or take any other ening regarding the Property (C. A. R. Farm
RRL Seller ties no obligation to agree to or respond to Buyer's requests.
(3) Ward the than specified In 140(1) (or as odervau: spocllled In this Agreement), Buyer shall Daher la Seller Golan (1) a removal of the
applicants contingency (C A. R. Farm CR), or (ii) a cancallegon (C A. R. Form CC) Or the Aficionado basad upon a contingency or Seller.
raper¢ to Deliver tee specified items However, if any report, disclosure Or information for which Seller is responsible is not Delivered within the
lime specifatl in 14A. I hen Buyer has 5(o1 C] ) Days After Delivery OI any such SOMS, ler the time specified In Melt). whleever
Is rotor, la Deliver to Seller a removal of the applicable contingency or aancallnllon of this Agreement.
(4) Continuation at Contingency: Evan after the antl of the time Opening In 14B(I) and before Seller adopt this Agreement, if al ell, earl
to 14C. Buyer retains the light 1b Sono, (t) in waling .move.molning contingencies, or (i0 mncal this Agreement based upon a rompining
contingency ler Seller a (allure to Dover the annual )emu Once Beyer'. written removal dl ml mnlingagwes k Delivered Ib Seem, $eller
may not cancel this Agreement Pursuant to 14C(O
C. SELLER RIGHT TO CANCEL:
(1) Seller right to Cancel; Buyer Contingencies: If, within time specified In has Agreement. Buyer does not, in watmg, Denver to Beller a
removal of the applicable cont rgency or oa de lata. of this Agreement then Salto,, and, fed Dalwenng Ib Buyer o Naim Ib Buyers to Pedorm
(CAR. Form NBP) may onml this Agreement In auto avant. Smler shall dulhOrIZO rehhrn of Buyors deposit
(2) Sailor right to Cancel; Buyer Contract Obligations: Sahni, after brsl Dohanmg to Buyer a NBP may cancel this Agreement for any lel Inti
fdlewing reasons. (1) if Buyer fail. Id deposit funds as required by 3A or 38. (ii) d the funds deposited pursuant to 3A or 38 are not good when
deCoseed'. (LIN if Buyer fads to Deaver a notice of FHA to VA mats or terms ae required by 3C(3) (CA. R. Form fri Bvl d Buyer lags a
Never a lend. es required by 3H. Iv) it Buyer fails 10 Deliver dragoman as hounded by 3G ra DJ. (vil II Sees, reasonably disapproves of the
verification provided by 3G or 3J; (rill if Buyer fails to return Stationary and Load Disclosures as .guided by paragraph Mill): or (vllp if Buyer
fails in sign or ideal a mparate Iic alerted damage form bran .creased deposit as roaming by paragraphs 36 and 25. In such event. Sailor
shall outbo ke, return of Buyers tleposil.
(3) Notice TO Buyer To Perform: The NBP Shall (1)be In wnting(IB ee signed by Sellar. and 1111) give Buyer at least 2(or ® Wm., no,
Day.
Aber Delivery (or until and time specefied in the applicable paragraph, whichever occurs last) to take the repmwble adlpn A may ba
Delivered any earlier than 2 Days Prior to the ev uation of gm applicable time for Buyer to remove a contingency or cancel this Agreement or
meet On obbgatlen Specified In 14C(2).
0. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: U Buyer removes. In wriling, any contral or on.11midn rights, arless oolemma
spemged In a separate warren agreement between Buyer and Seller, Buyer shall with *gold to that contingency or onmeYtlon agnl conclusively
be incurred to have: (B completed all Buyer Investigations, and review Of report. and Other appllWble Information and dtltlosurea, If eleCetl la
labeled with the bonsaGlon,add (ill)assumed .Ii seb0ry, responsibility and expense for Repairs or Functions or for idershly to ohmld forma lip
E. CLOSE Of ESCROW: Before Sena, or Buyer may cnnml this Agreement for failure of the other party to dose escrow pursuant to this
Agreement Seller or Buyer must first give the other a demand to Gose osoraw(C.A R Farm OCE)
F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives whiten moor of canohman pursuant to rights duly corroded under the
terms of this Agreement. Buyer and Seller agree 1b Sign mutual b.heddins to oncel the sale and escrow antl release deposits. if any to the
party entered to the funds, less fees and costa Incurred by that party. Fees and casts may be Payette to ferried providere and vendors far
Services and products provided during esmpw, Release of funds will require mutual Sign ad rebase bnwetions from Buyer and Seller,
judicial decision or arbitration award. A Buyer or Sailor may be subject to a aril penalty of up la $1,000 for roluul to Glen such
Instructions it no Boort faith dispute exists as to who is entitled to the dopaellod funds (Chill Corte 51061.3).
15. REPAIRS: Repairs shall be cemaleted peer to final verification of ban ll unlessoO0 W:a sgmd m swain,. Kaaba to be podormed et Sellers
expense may be performed by Setter or through others, provided that the work cwnaba weh appticente Law. Including governmental Petart
inspection and appmvd repuiremands. Repairs shall be performed in a good. skillful manner win materiels of muflay and app ami comparable 10
belpng matemes It as understand that egad restoration of appearanm or odmetk dams fallowing all Repairs may not be possible. Seller shall (1)
=am receipts far Repaid pedbrmed by others; (ID preps. a Oregon statement overcome the Repairs performed by Seiser and the dote of such
Repairs:add (111) provide Cap," of receipts and SWnM b Buyer prior to peel verlfioe0n of condition
16. FINAL VERIFICATION OF CONDITION: Buyer sban have the right to make a final inspection of the Property with. 51or 1 Ory. Pram
to Clara Of Esubw, NOT AS A CONTINGENCY OF THE all but solely to confighe (ll the Property is maintained pursuant In paragraph gi LIN
Repands have been completed as agreed: lie (ill) Seller has compiled With Sailers other allegations under this Agreement (C A Form VPI
17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed In whand , the following nems shall be PAID CURRENT ane
prorated reviewing Buyer and Seller as of Close Of Escrow real property tans antl assessments, interest, mends, HOA regular, special, and emergency
ages and assessments impose, prior to Close 01 Escrow. pa mums on Insurance assumed by Buyer, payments on bands and .1.SOmonls
assumed by Buyer, and payments on MetimRoos and other Special Assessment Carrier bonds and meassmenl5 that are a current lien The scattering
items shall be resumed by Buyer WITHOUT CREDIT toward the Purchase price a...led payments on Mello Roos and other Speoal Asm rvdu%t
District bends and assessments and HDA Broader Weessntems that am a current Ian on, not yet due primary will be reassessed upon change 01
owdershap. Any supplemental In, balls snail be paid as follows (1) for periods after Close Of Escrow. by Buys. and (ill for periods prior to Close Of
Secure, by Seller (see Cb
.A R. Form SPT Or SBSA for rther efamawar). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED
DIRECTLY BETWEEN BUYER AND SELLER. Paintings shall be made based on a 30-day month
r
Buyers Inlliels (,� c;� ) (— 1 Sellers Inlbals ( 4H—) �
Cmmongo her XNOC ilOWOA OCAt eF aEwseaes. cog Revrewed by p:G arvmi'x.
Ill REVISEO 4110 (PAGE 5 OF 0)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA-CA PAGE5FBI 277h2 (Says
27762 Ortega Highway
Progeny ADdress: San Juan Capistrano, CA 92675 Dale: March B, 2013
16. SELECTION OF SERVICE PROVIDERS: Braker do not guarantee the performance of any vendors, service of product PrOviden (Rroviden').
whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of Thee own creating.
10. MULTIPLE LISTING SERVICE ("MLS"g Brokers am authorized to report to the MLS a pending sate nada upon Close 01 Esocw, the miss price and
oilier terms of this transactor shall be provided to the MLS to 00 published and 6..armneted to persons and aides aulhoraed to use the
information on terms approved by the MLS.
28. EQUAL HOUSING OPPORTUNITY: The Properly IS sold In compliance with federal, state and local annAikef,mmabon Laws.
21. ATTORNEY FEES: In at clion. proceeding, or setivaldn between Buyer and Seller anesng out Of this Agreement, the prevailing Buyer or Serer
shall to entitled re reasonable attorney fees and costs hom the non-prevailing Buyer or Seller, except as provided In paragraph 261
22, DEFINITIONS: As used in this Agreemmnl.
A. "Acceptance" moans the time the eller or Beal counlm offer Is Doweled In willing by o petty and Is delivered to and personally mcelved by Ilex
other party or that pen's authorized agent In accordance with the game of this offer or a deal taunter ager.
S. "C.A.R. Farm" means the specific form referenced or another comparable form agreed to by the paries.
C. "Close W ESCrel means the date the grant duel. or Other ovklence of transfer of 011e. is recomed!
0. "Copy" means copy by any means including photocopy. NCR, facemile and electronic.
E. "Gaya" means aslendar days. However, After Acceptance, the last Day for performance of any act recalled by this Agreement (including Close
Of Escrow) shall not Include any Saturday. Sunday, or legal holiday end shall trim be Ina not Day
F. "Days After" mean, the Specified number, a1 mleader days after the occurrence of tea event speared. not caunhng the calendar oil. on which
the Specified event ocwn, and entling at 11 SBPM on the final day
G. "Days Prior means the Specified number of calender days before the occurrence of the even) spaafn , not counting the calentlar date On when
me specified event a scheduled to scan.
H. "Deliver, "Delivered' or"Delivery", regareleas of the method Used (l a. messenger mall, small, las, other), means and shall be effective upon
if personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph 0 of the section also Real
Estate Draken on page 8; OR (it) it checked Q per the statute addendum (CA. R. Form RON).
I. "Electronic Copy" or "Electronic Slgnaturo" means, as applicable, an electronic copy or signature complying wan California Law. Buyer am
Better amw that shooll means wall not oe used by either party to mWiy or alter the content or integrity of this Agreement without the
knowledge and consent of Ne other paid
J. "Lew" mens any law, code, slater., demands, regul lion. rale or order, which is accused by a controlling city, counly. state of federal legislative.
,repaint or exacurve body or agent.
K. "Repairs" means any repairs (including pest comro), assistant, replacements, modifications or retrofitting of the Properly provided for under this
Agreement.
L. "Signed" moans either a handwritten or electronic signature on an original eecumeel. Copy or any counterman
23. BROKER COMPENSATION: Belk, or Buyer, or Will, oa applicable. agrees to pay compensation to Broker as specified in a separate wither
agreement bethawn Braker and Nat Sellar or Buyer. Compensation Is payable upon Close Of Esefew, or If escrow does not closeas otherwise
specified in the agreement between Broker and that Seller or Sil
24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following Pangrspns, or applicablepotions,hared, of I Agreement constitute the joint escrow Instructions of Buyer and Seller
to Escrow HOItl06 writer Eandw Holder as to use along with any related counter often and addenda. and any additional mutual meridiem to
close the escrow. 1. 3. 4, 6C. 1 I and 0. 12. 138. 14F, 17. 22. 23, 24, 28. 30. aid Paragraph D of rho section tried Real Estate Broken on page
8 If a Copy of the separate compensation agreeme ns) provided for in paragraph 23, or paragraph D of the vection Idled Real Estate Brokers pct
page 8 is deposited win Escrow Holder by Broker. Escrow Holder shall acoept such agrearmalml and pay out of Buyers or Sellers funds, or
both. as applicable, the respanve Brokers compensation provided for In sun agreements). The terms and cnnddoes of this Agreement not
specifically mythencea dome. in the apecifdd paragraphs are additional matters for the information of Stores, Had0r, but about whin Escrow
Holder need not he concerned Buyer and Sal will revive Escrow Holders general provisions appeals from Escrow Holder anal will statute
sun provisions am. Escrow Hollers hal 1. To the Want the general provisions are inconsistent or confir will this Agreement. the general
provisions will control as to IM duals and obligations of Escrow Hader only Buyer and Suite, will eserine additional Instructions, docameno and
tom,. provided by Escrow Holder that are amiscr ably necessary to close the esuow
S. ACopy oltMS Agreement seri be delivered to Escrow Holder within 3 business days after Acceptance(or
). Escrow Hal shill provide Sahara Statement of
Information to Tib company when received from Seller Buyer and Se0er authorise Escrow Holder to accept and rely on Copies and Signatures
as deleted m the Agreement as mgieals. to open escrow antl for other purposes of escrow. The validity of that Agreement as between Buyers and
Sager is not affected by whether or when Escrow Holder Signs Na Agreement.
C. Brokers are a pan to the a,. for the cam puryose Of compensatbn W,$.am to paragraphs 23 and paragraph D of Ira soctmn titled Real
Estate Broken an page 8 Buyer and Seder inavpnbly assign to Broken component special ,n paragraphs 28, respeclvely, and urmota0y
instruct Escrow Holder to amounts those funds to Broken at Clow Of Escrow or punW m to any other mutually executed dancalla0 rs agreement.
Compensation imperial Can be emended o, revoked any win the women tlmwnt 0f Brokers. Buyer and Serle, shall mmase and hold himal
Escrow Holder ham any ImsiBy resulting ham Estraw Holder a payment to Somes) of compensation conused to this Agreement Escrow Holder
shall immediately Many Gramm (I) if Buyers initial or any additional deposit is not made pursuant to this Agreement, or is not gape at line Of
tlepmd with Escrow Holler or (11) if either Buyer or Seller instruct Escrow Hader to cancel escrow
D. A Copy at any amendment that amecs any paragraph of this Agreement for which Escrow Holder is respon,Ale .hall be delivered to Escrow
Holder within 2 business days her mutual execution of the amendment
Buyers ,nicht! ( _ 1( )
Salmi S Imled, ( I ( I
cer' o r6en.mlo rxcowvlt<saaewnav ter rte Nroase wC
Rer,ex.d oy
u
RPA -CA REVISED 4110 (PAGE 6 OF 0) Print Date
nnun.
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT(RPA.CA PAGE 0 OF B,
=77611ksgu
27762 Ortega Hdghki
Property Address; San Juan Caodatranov CA 92675 Dale: March B 2013
25. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as
Liquidated damages, the deposit actually paid. If the Property Is a dwelling with no more than four units, one of which Buyer
Intently to occupy, than the amount retained shall be no mora than 3% of the purchase price. Any excess shall be returned
to Buyer. Release of funds will require mutual, Signed Holmes Instructions from both Buyer and Seller, judicial decision or
arbitration award. AT TIME OF THE INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED
DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. (C.A.R. FORM RID).
Buyers hmNals - I Sellers Initials I
25. DISPUTE RESOLUTION:
A. MEDIATION: Buyer and Seller agree to meOlale any dispute or claim ansing between thein Out of IN, Ag,eemen. o, any resugmg lranin lwn.
before meaning to nrbdratlan or mud action Buyer and Salter MSO agree to medial* any disputes or claims with Brokcrul, who, In writing,
Agree to Such mediation pdor to, or within a reasonable lima atter, the Aherne or clalm Is preaentod to the Broker. M.dWhOn (aea, It an,.
Shag be divided equally..no the genies involved, if. for any dispute or dorm to which this pamgmph applies. any party (h commences an ninon
w6hovt first attempting to resolve the matter through exultation. at (it) before commencement of an action, refuses to mediate after a request has
been made, then that pony shell not be entitled to recover adomay fees, even if they would otherwise be available to that parry N any such each
THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED E..I.M.n. from this mediation
agreement are specified In parageoph 26C.
B. ARBITRATION OF DISPUTES:
Buyer and Seller agree that any dispute or claim In Law or equity arising between.them out of this Agreement or any
resulting transaetlon, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and
Seller also agree to arbitrate any disputes or claims with Brokens), who, in writing, agree to such arbitration prior to, or
within a reasonable time after, the dispute or claim IS presented to the Broker. The arbitrator shall be a retired judge or
justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to
a different arbitrator. The parties shall have the right to discovery In accordance with Code of Civil Procedure §1263.05.
In all other respects, the arbitration shall be conducted In accordance with Title 9 of Pan 3 of the Code of Civil
Procedure. Judgment upon the award of the arbitrators) may be entered Into any court having jurisdiction, Enforcement
of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration
agreement are specified In paragraph 26C.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT
OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION
AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE
DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT
OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Bul Initials I sellers legible I
C. ADDITIONAL MEDIATION AND ARBITRATION TERMS:
(1) UCLUSIONS: The following matters shall W excluded from mediation and arbitration: (1) a judicial or nomludlclel foreclosure or
other action or procootling to ontarco a dead of trust, mortgage or installment land sale contract AS donned in Civil Code §2985; (II)
an unlawful cables, actc.; (Ili) it,. fill., or enforcement of a mechanic's lion; and Ili any matter that Is within the jurisdiction of o
probate, smell dalms or bankruptcy court. The Filing of a court action to enable the recording of a notice of Pending action, for
order of attachment, recolvemhlp, Injundgon, or other provisioml remotllas, shall not constitute a waiver or violation of the
mediation and arbitration provisions.
(2) BROKERS: Brokers shall not be obligated or compelled to mediate or alliterate unless they agree to do so in writing, Any Brokers)
pamolpati ng In mediation or arbitration shall net be deemed a pony to the Agreement.
27. TERMS AND CONDITIONS OF OFFER:
This is An offer to purchase the Progeny on the above lanae and Co mucins. The bquldeted damages paragraph or the arbitration of degin es
Paragraph* incorporated in Nis Agreement if Initiated by all pedes or if Incarcerated by mutual ogaremeni m o Counter offer or addendum If al bast
one but not all pagans inset such paragreph(s), a Counter offer is re iumd unto agreement Is reached Seller has the rphl to continue a offer the
Property far sae and to this l any other offer at any ams yror to abbiddloon orpueptance, If this offer is accepted and Buyer subeequenlly debubs
Buyer may be maponsibe for payment of Brokers compensation. are Agreement and any supplementaddendum or medMtaeOo including any
Copy, may be Signed in Iwo or more Counterparts, all of whack shag consents one and me same wining.
28. TIME OF ESSENCE: ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are mcoryoraled in this
Agreement Its Wrens sal mtmded by Ina panics as a fail. Compete and excluvve exprasfion of their Agreement with reseed to as Subpct matter.
and may not be Contradicted by evidence of any prior agreement or Contemporaneous oral agreement If any provision of this Agseemeal n held to be
Ineffective or Invalid, the remaining sronebns will nevenheleas be given full farm Are cited Exmpt m Otherwise speoged, thin Agreement shell be
interpreted add disputes shall this resolved In accordance with the laws OI the State of Calh nno. Nolshin this Agreement nor any prevision In It
may be extended. amended, modified, alWred or changed, except In writing Signed by Buyer and Sailer.
Buyers Initials( .) I �) Sulei. tnllowe
CmppxO ii C0.110nNNASSOCIAnO. Cl REATORM INC.
RPA-CA REVISED 4110 (PAGE T OF 8) rzaviAvoid W Oe
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT IRPA-CA PAGE T a) 277h2lAcgo
27762 Orbega Ni9hxay
Property Address: San Juan Caeda Grano, 7A 92675 Date: brazch B, 2,,13
29. EXPIRATION OF OFFER: This offer shall he deemed revoked and the depose shall be returned unless the offer is Signed by Sailor and a Copy of the
Signed offer is personalty received by Buyer, or by n9 is
aulhof4ed l0 receive it by 5:00 PM On Nv 1 rad ay a er 11s 0 er Iv agned y UYO' tor. 1 cheGOd pTT by
AIN PM, on (sero
Buyer Ilea Mod and acknOwbdgoe rem101 of a Copy of the slier end npras$10 in* so.. maEIRTAIl0e al agency refafionahipe.
Date 03 OB 013 Dole
BUYER (I �� J BUYER
I48LSOV Lhe,
(Print name) (P rat -.a)
—
(Address)
reas
0 A idbomil Signal.. Addentlpm aUpched (CAA. Farm ASA).
30. ACCEPTANCE OF OFFER: Seibr warrants that Solley is the Owner of the Properly, m has the authority to exaolle Ibis Agreement Seller accepts the
above Offer. agrees to Sell the Property on he above terms and considers, and agrees to the above confirmi of agency relationships. Seller has
read and arknowlei Real of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer.
DaleO tt Piled) S BJ,EjCT TO ATTACHED COUNTEROFFER (C.A.R. Form CO) DATED:
Dale
SELLER SELLER
it f
(Print name) (Print name)
q dross)
❑ Additional Signature Addendum anachatl (CA R. Form ASA).
1 I ) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally ML.NES by Buyer or Boyars surnamed
(finials) agent on (dale) at 0 AM 0 PM A binding Agreement Is clamed wham
a Copy of Signed Ameptane. Is pemorrely received by Boyar or Buyey. mitlanyll .goal whether or not eonfi and In
NIS Carear 4 Completion of this confirmation is not legally Mqulred in Omer to.male a binding Agreement. It IS salary
Intended to evidence the data Nal Cenfirmeen n1 A .... r.N.e P..--.
REAL ESTATE BROKERS:
A. Real Estate Brokore are not ponies to the Agreement bolwoon Buyer and Seller.
B. Agency relationships am confirmed as stated In paragraph 2.
C. If speuged in paragraph 3A(2). Agent who submitted the offal for Buyer acknowledges remtpt of deposit
D. COOPERATING BROKER COMPENSATION: Listing Braker agrees to pay Cooperating Broker (Selling FIVE) and Cooperating Braker agrees to
accept. out of Listing Brokers proceeds in escrow (q the amount specified In the MLS, provided Cooperating Broker rs a Partici of the MLS In
which the Pmpeny a oReMd far safe ar a reci l MLS of (II) 0 (if checked) the amount Slashed in a separate written agreement (C.AR. Farm
CDC) between Listing Broker and Cooperating Braker. Doclaratton of License and Tax (CA R. Form OLT) may be used to document that lax reporting
will be required or that an exempllon exists.
BYaI E 1 1�9ykar (Sellyn�Fl BlapORE
X.IrA. Renal Intl. Nemwndez DRE Lic. N Date Lin u,
Atltl ss 31 33 Gamine Cao abrano Sufbe B Clty San Juan C.PE.Lrame Stale CA Ip�L 92675
Telephone (94916 a: 1919) _��he
Real Estate Broker (Listing Finn) Rx/max encore_ ORE Lic p
les
By Er xernendaz ORELyr. N...,.._.. _Dale
Address 31Carefnra
o Ca Solna Cay San Junes Cenietran State [n Zip 91675
933
Telephone L2151. Iov 19491.
ESCROW HOLDER ACKNOWLEDGMENT,
Escrow Holder aQnowledges receipt of o Copy of this Agreement. (if okecked. 0 a deposit in the amount of S I
counter Offer numbered .❑ Sellers Stalenwnl of Information and O Other
and agrees to ad 85 Escrow Holder subject to paragraph 24 of This Agreement any
supplemental esca" Iastrudkroa and the tames of Escrow Holdees general provisions it any.
Escrow Holder is advised that the date of Confirmation of Acceptance of loo Agreement as between Buyer and Sellar is
Escrow Holder Escrow p
By Dale
Address
PhomeTaxi4yeal
ESPzow Halder u losmaed by the California Department of 0 CowmtmM,O lasurence, 0 Real Estate. Licensee
PRESENTATION OF OFFER:( ) Usling Broken presented ibis offer to Sager on (data)
BOA. a Milan. INUM,
REJECTION OF OFFER:(_)(_ I No muntar offer b barn,made. This alter was rejected by Seller an KAll
ERNST, SRI
INS FCa. RAS OS.. APPV. al me Gt U ANSVLNININ as mN An 1 M
PRW'.Ulr IN µY SPECIFIC fWrrebl ION n VAi I ,IPIE BNONEN 16 tllE PERSON OUALRIED 10 ARABS ON NGL eITAtf IaMYNCTOY9 N YOU NEPE TEEN OR iN ADNEE
CONsinr ANAPIMOPnNra malrespo1N
uwr ex A REALIVIR NEN tela R. -PlI . . --P .0v
N INR
ver, m n fvv
unm maF o- .rad -101
w NAtICNNAs60CNigM Of P[µ1pN5x ryvie L W.n i.
PuM6ledam DamW by.
REAL ESTATE BUSINESS SERMCES, INC.
Rev.. by121
asubsdmry ofea CelilaN's Asaablwn dREALTOR50
525 Souul Iasi Avenue, Lm Angeles, Caabmia 90,20
Show, 0, De sgnro Dale
vro.�wr.
,
REVISION DATE 4110
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT RPA -CCA PAGE 5 OF B)
2770]Egeau
�- CALIFORNIA
! ASSOCIATION BUYER'S INSPECTION ADVISORY
low OF REALTORS* (C.A.R. Form BIA-A, Revised 10102)
Property Address, 27762 Ortega Highway, San Juan Capistrano CA 92675 1 ("Properly")
A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not
guaranteed by either Setter or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with
professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects
of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further
Investigations. including a recommendation by a pest control operator to inspect inaccessible areas of the Property. you should contact
qualified experts to conduct such additional investigations.
B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of
the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you
know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If
you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to
protect yourself. It is extremely Important for you to read all written reports provided by professionals and to discuss the results of
inspections with the professional who conducted the inspection. You have the right to request' that Seller make repairs, corrections or
take other action based upon items discovered in your investigations or disclosed by Seller, If Seller is unwilling or unable to satisfy your
requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the
agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in
breach of contract.
C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or
desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation
to inspect the Property for your benefit nor is Setter obligated to repair, correct or otherwise cure known defects that are disclosed to you
or previously unknown defects that are discovered by you or your Inspectors during escrow. The purchase agreement obligates Seller to
make the Property available to you for investigations.
D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil
stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other
improvements, or the condition of the roof, plumbing, heating, air conditioning, etectrical, sewer, septic, waste disposal, or other system.
The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by
you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional
of your choosing. In sales involving residential dwellings with no more than four units, Brokers have a duty to make a diligent visual
Inspection of the accessible areas of the Property and to disclose the results of that inspection. However, as some Property defects or
conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a
written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you.
YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF
YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE
FOLLOWING:
1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air
conditioning, electrical, mechanical, security, poollspa, other structural and non-structural systems and components, fixtures,
built-in appliances, any personal property Included in the sale, and energy efficiency of the Property. (Structural engineers are best
suited to determine possible design or construction defects, and whether improvements are structurally sound.)
2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any
numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be
verified by Brokers. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily
Identify true Property boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to
determine square footage, dimensions and boundaries of the Property.)
3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms
and other infestation or infection. Inspection reports covering these items can be separated into two sections: Section 1 identifies
areas where Infestation or infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or
infection. A registered structural pest control company is best suited to perform these inspections.
4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil. susceptibility to slippage, settling or movement,
and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions. causes and remedies.)
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form, or any porton thereof, by photocopy
machine or any other means, including facsimile or computerized formats.
Copyright 0 1991.2004, CALIFORNIA ASSOCIATION OF REALTORSQ9,
INC ALL RIGHTS RESERVED.
BIA-A REVISED 10102 (PAGE 1 OF 2)
Buyers Initials
Severs Initiais
Rr7,- ed by paletow
�ikair
BUYER'S INSPECTION ADVISORY(SIA-A PAGE 1 OF 2
Agent: Rosalinda Hernandez Phone: 949.661.7300 Fax: 949.487.6117 Prepared using zipForm® software
Broker. Re/Max Encore 31931 Camino Capistrano Suite B San Juan Capistrano . CA 92675
Property Address. 27762 ormas aamb.av, sari an C.+R+aer.AA d 92675 Dree.Narch S. 2013
5. ROOF: Present condition. age. leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.)
S. POOLISPA: Cracks, leaks or operational problems. (Pool contractors are best Suited to determine these cenditions.)
7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to
sewer, and applicable fees.
S. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS: Water and utility avallabory. use restrictions and costs. Water
quality, etlequacy, condilion, and performance of well systems and components.
9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, Including, but not limited to, asbestos, lead-based paint and other
lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste,
waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials. products, or conditions (including
mold (alrbome, toxic or otherwise), fungus or similar cam aminenls), (For more information on these Items, you may consult an
approprlale professional or read the booklets 'Environmental Hazards: A Guide for Homeowners, Buyers, Landlords and Tenants,'
' radial Your Family From Lead In Your Home' or both.)
10. EARTHQUAKES AND FLOODING: Suecuptiolily of the Property to earthquakef3eimmlc hazards and propensity of the Property to
need, (A Geologist or Geotechnical Engineer A best suited 10 provide information on these canditions.)
11. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of
the Property In a seismic, good or fire hazard zone, and other conditions. such as the age of the Property and the claims history of
the Properly and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options
early as this Information may affect other decisions. including the removal of loan and inspection contingencies. (An Insurance agent
Is best suited t0 provide informaliOO on these conditlons.)
12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other
governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size.
(Such Information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to
review or interpret any such information)
13. RENTAL PROPERTY RESTRICTIONS: Some cities and counties Impose restrictions that limit the amount of rent that ran be
charged the maximum number of Occupants: and the right of a landlord to terminale a tenancy Deadboll Or other Locks and security
systems for doors and windows, including window bars, should be examined t0 determine whether they satisfy legal requirements.
(Government agencies can provide information about these restrictions and other requirements)
14, SECURITY AND SAFETY: State and local Law may require the Installation of barriers, access alarms, self latching mechanisms
and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various
Ore safely and other measures concerning other features of the Property. Compliance requirements differ from city to city and county
to county. Unless specifically agreed, the Property may not be in compliance with these requirements. (Local government agencies
can provide Information about these restrictions and other requirements.)
15. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, came slatistias, the proximity of registered felons or offenders, fire protection.
other government services, availability, adequacy and rest of any speed -wired, wireless Internet connections or other
telecommunications or other technology services and installations, proximity to commercial, industrial or agdcullural activities.
existing and proposed 12118ponation, construction and development that may affect noise, view, or traffic. airport noise. name or odor
from any spends, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland prOp ortom,
bolmacal diseases, historic or other governmentally protected allies or improvements, cemelerles, fecildles and condition of common
areas of common interest subdivisions. and possible lack of compliance with any governing documents or Homeowners Association
requirements. conditions and influences of significance to certain cultures and/or religions. and personal needs, requirements and
personcea of Buyer.
Buyer and Seiler acknowledge and agree that Broker: (1) Does net dscide whet price Buyer should pay of Seller should accept: Ilq Dome net
guarantee the conditlon of the Property: (lig Does not guarantee the performance, adequacy or completeness of Inspections, services, products or
require providedw made by Seller or leers: (iv) Boss not have an obligation to conduct an inspection of common oma. or areas off the site of the
Property; (r) Shall not be Re ,pantile toe ioenlifyingg defects on the Property.
is cammon areas, or Orate unless such defects are visually observable
by an Inspection of movenably aadm ible.reps afthe Properly or ore knoven to Broker: (v5 Shall not be responsible for inspecting public acotdo or
permits, concmning the lido or use of Propenyl NO 1 Shall nal be Responsible for kloNifye, the lection of boundary lots .1 other Items.0inding tills;
(rill) Shall not be responslble for mrifying squaw VdoingO, representations of others or Inmrmmian a..taen.d in ovpeligalmn adults, Multiple Luling
Sarvice, odvanlmments, flyers or other promotional malarial. IIx) Shall net to responsible lar prd,,da,9 legal or lax pd0ce regard ing any aped of a
trameNon entered Into by Buyer or Seller; and Ix) Shall not be Responsible for providing liner advice or internallan that exceeds the knowll
education and expermnce required to perform reel estate identical activity. Buyer and Seller agree io seek legal lax, insurance title and other
desired assistance from appropriate professionals.
By signing below, Buyer and Seller each acknowledge that they have road, understand. accept and have received a cagy oI
this Advisory. BNyer isappouBiged to mad it carefully.
Buyer Signature Date
Seller Signature Date
San
'"s icon ie eae�meio ire vw Oy ma some mai Alun. rdnpy It ie not mpmdeeb damiry me uno ae c REACTOR®. REALTORA is a mgeNmd cmloaim—roneramp mad
wtleh why to used only by areal of he NATIONAL ASSOCIATION OF RLALTORSmwho.ubicrom to Or Coria At Deli w
ftand animals ler ,cul
REAL ES All. WSIRFSS SERB 114C R... bacRe.y Delo
519 Soumv OJ Arensee, Ud All Ca%bar m iJ wnv+wn.
SIA -A REVISED 10102 (PAGE 2 O 2) BUYER'S INSPECTION ADVISORY IBIA.A PAGE 2 O 2) 27762 Oteya
c 1 I l f u l K 1 WOOD DESTROYING PEST INSPECTION AND
+♦ A + s oc I AT I o ALLOCATION OF COST ADDENDUM
OF AF.AI-TORS' (CAR. Form WPA.RovISe011n21
This is an addendum to the ® California Residential Purchase Agreement or ❑ Other
('Agreement'), dated Hatch a, 2013
on property known as 27762 Ortega Highway, san duan capi e G 92675
and Cill of also Juan C.Pistritri., I Deller ).
1. Unless otherwise specified, the Agreement permits the Buyer to inspect the property and investigate its condition. One
of the Inspections the Buyer may obtain is for wood destroying pests and organisms "Wood Pest Report'. Whether
obtained and paid for by Buyer or Seller, Buyers review and approval of a Wood Pest Report would generally be
covered by the inspection contingency of the Agreement. Before Buyer removes or waives the inspection contingency.
or other contingency specifically related to a Wood Pest Report, Buyer may cancel the Agreement if dissatlsfied with the
condition described in the Wood Pest Report, even if this Wood Pest Addendum is not made part of the Agreement.
2. A. The Wood Pest Report shall be paid for and prepared as specified In the Agreement, or if checked, ❑ Buyer ® Seller
shall pay for a Wood Past Report prepared by . a
registered Structural Pest Control company.
B. The Wood Pest Report shall cover the main building and attached structures and. if checked: ❑ detached garages
and carports, ❑ detached decks, 0 the following other structures on the Property:
. The Wood Pest Report shall not include roof coverings. If the Property is
a unit in a condominium or other common interest subdivision. the Wood Pest Report shall include only the separate
interest and any exclusive -use areas being transferred, and Shall not include Common areas Water tests of shower
pans on upper level units may not be performed unless the owners of property below the shower consent.
C. The Wood Pest Report shall be separated Into sections for evident Infestation or infection (Section 1) and for
conditions likely to lead to Infestation Of Infection (Section 2).
(1) (Section 1)0 Buyer ® Seller shall pay for work recommended to correct "Section 1' conditions described in the
Woad Pest Report and the cost of inspection, entry and closing of those inaccessible areas where active Infestation
of infection Is discovered.
(2) (Section 2)® Buyer ❑ Seller shall pay for work recommended to correct "Section 2" conditions described in the
Wood Pest Report if requested by Buyer.
D. If the Wood Pest Report identifies inaccessible areas, and Buyer requests Inspection of those inaccessible areas, the
person identified In C1 shall pay for the cost of entry, Inspection and closing of only those inaccessible areas where
Section 1 conditions are discovered and Buyer shall pay for the cost of entry, inspection and closing of all other
inaccessible areas.
E. Seller shall Deliver to Buyer, prior to Close Of Escrow. with a written pest control certification ("Certification") showing
that no infestation or Infection is found or that required corrective work is completed. If paragraph 2A does not refer
to a specific registered Structural Pest Control company and Seller obtains more than one Wood Pest Report
pursuant to this Addendum, Seller may choose which Wood Pest Report to use as the basis of the Certification
provided that Seller Delivers to Buyer all Wood Pest Reports obtained by Seller before Buyer removes any
contingency for Wood Pest inspection.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this
Addendum. '1 )I 17 II
Date Aral 81 2013 Date
Buyer lle.wll Seller
Iver Southern City o an Juan' ralistifano
Buyer
Seller
The WRPXPI ll 01 AN uM9tl Strike 0111A 17 US COOK) efe'd be uNmnon. logW Oil o1 rule IT or any it InarpOl by 111-1-1 m0unne ai -1 Omer Monne,
.Tkw.Op IOCn.... T, compinkine0 sherel COAL n 2012, CALIFORNIA ASSOCIATION Of SEAT Toll. INC ALL RIGHTS RESERVED
nlls FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR) NO REPRESENTATION IS MAUE AS YOTHE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACT ONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This 101m b avalldd0 fix use ty IM NIVB her mlnl0 Ndu51, It la An Mended la 1dMlify the user as a REALTOR®. REALTOM V s regnlOrM c011ecdv0 m0mbenbp mark
M1en may W used only by ressel Of the NATIONAL ASSOCIATION OF REALTORe.9 who xNwrme 10 14 Cade Of Emre.
NereNTA nOnamnaaeoy: {ul
REAL ESTATE OUSFESSURNCES. INC iCxCd
•Y,bWMyWTO CeMN45KWVrd REN IOR.O, F aY Ddb r
`. SISSoan WHAAH. UNIATTRAX Cnbw ri erN,wr
NPP REVISED 11112 (PAGE 1 OF 1)
WOOD DESTROYING PEST INSPECTION AND ALLOCATION OF COST ADDENDUM (WPA PAGE 1 OF 1)
1t. N 1 n DISCLOSURE REGARDING
nSS0CIAT'I0N REAL ESTATE AGENCY RELATIONSHIP
(Selling Film to Buyer)
I REALTORS' (As required by the Civil Coble)
(C.A.R. Farm AD, Revised 11112)
Q III checked) This form b being prevded in contraction with a Vernacular for a leaseholder interest In a dwi exceeding one year as per Call Coble
"Often 2079.130) and (1).
men you enter into a discussion Wilk a rest estate agent regarding a real ovate transaction, you should from Ime oulaet understand What typo of 0906Cy
relationship or mpresentation you wish to have wit the agent in me transamon.
SELLER'S AGENT
A Seilees agent under a using agreement with the Sailer acts as the agent for me Seller only. A Sellers agent or a subagent of that agent has the
following afhrmalwe obligations:
To me Seller A Fidapary duty of .Maar dare, Integrity, honesty and loyalty In deslrlgs with the Sellor.
To me Buyer and me Si
(a) A dutnl f honest
of (air debt Skill antl care in pedarmence of me agent's tlulies.
(b) A duty of honest and lair bleating and good faith.
(c) A tlury to endo a all taps known to the agent materially affecting g the veto v al to desirability of the properly that are not known to or within the
diligent pony
that
and odservalon of, the parties,d An agent Is net obligated I0 reveal to either party any rnnfitlenlial mlormation obtained Irom the
other pony That tloas not Involve the affirmative tivdas set forth above.
BUYER'S AGENT
A selling agent can, canis a Bui consent, agree to ed as agent for the Buyer only, In these sate ions, the agent Is not the Retail's agent, even if by
agreement the agent may recehre cemPuendian for services antlered, affair in full or ld pan from the Seller. An agent ading only for a Buyer hes the
following affirmative obligations.
To the Buyer. A fidudary, duty of lumber care, integrity, honesty and loyalty In dealings wall the Buyer.
To the Buyer and the Seller:
(a) D,Igest exealse of reason able s kill end care m pedOmlance of 1h6 agents duties.
(b) A duty of honest and Mir denting and good fair.
he) A duty to disclose ell lads known to the agent maledaliy Shooing the value or desirability of the pmporty that are not known to, or within the
diligent attention and observation of, to pada,
An agent is not obligated to reveal to either party any confidential prormabi0n obmined from the other party that does not involve the afflrtnalive dudes set
form above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more aesodale licensees, can legally be the agent of both the Seller and the Buyer In a
transaction, but.. withthe knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, me agent has rho following aPormat ret obigi lions to both the Seller and the Buyer
(a) A IduGary duty of ulmoat care, Integrity, honesty and loyally in the dealings cutin Star the Seller or the Buyer
(b) Other Mals to the Eager and the Buyer as smtutl allows in their mis alive sections.
In representing both Sellar and Buyer. the agent may trot, without the express permission of the meant patty, deduce to the other party that the Seller
Will ac0ept a prim less than the listing price or mal me Buyer wire pay a price greater than the price offered.
The above dunes of the agent In a eel estate transaction do not relieve a Seller or Buyer from the responsibility to Voted his or her ewn interests. You
Should caudally read all agreameras to .ease that they adequately express your understanding of the transadian. A real estate agent Is a person
,untried to advise about Mal .,all.. If 1.9.1 or tae advice is learned, comult a cnmpamnl prof ealonal.
Throughoutyour real propeny transaction you may receive mora than one disclosure farts, depending upon the number of agents assisting In the
transaction. The few requires each agent with whom you have mora than a casual relationship 10 present you with this disclosure form. You should read
its ranters each time It is presented to you, considering the relationship between you and the real estate agent in your apecdic unnsndlon. This
disclosure form includes the provisions of Sections 2079.19 to 2079.24, Inclusive, of the Civil Code ad forth on page 2. Read It carefully. INVE
ACKNOWLEDGE RECEIPT OF A COPY OF THIS 0(SOLD BURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A
SEPARATE PAGE). /L/(/
® Buyer [ISala, O Landlord ❑ Tanenl _ / Dale 03/08/203]
® Buyer ❑ Saler ❑ Landhad ❑ Tenant
Agent _ are,
ORE Lls. a,
Dale
By /[.AJ,'J�c/(,M�'(y {"h.(/,y AAn.'C ORE Us Dale
(Salesperson rBm r-Asen.M., Ro aj.... Hernandez
Nadbs.ro Complance (Civil Coble §2079.14):
the listing brokerage company also represents BuyarRenanf. The Listing Agent shall have one AD form speed by SelledLandleid and a
aaferenb arokeage companies: (I) the Listing Agent ,hal have one AD form signatl by
vol one AD form dead by Buyer?anent and either that same or a different AD form
m oLhe offer. hue same from Is used. Seiler may sign here:
ler Lan m eta
Th ytlgnt of UnlM Steles (Thi 17 US. Coble) retain the
urea Ih rued rapredu of tie form. or any portion Ihareol, by pholocepY
m I or any other means, including facslmae or computedeed format.
Copyright 01991-2010, CALIFORNIA ASSOCIATION Of REALTORSID, INC.
ALL RIGMS RESERVED. I Reviewed ay _ Dale
enw°n
AD REVISED 11112 PAGE 1 OF 3)
Zboo ma (9:10 Z 30Vd OV) dIHSNOI1VI3a AON30V 31VIM 1V3V ONIaW93a 3HI18010510
=a -AMpeMtl�tJJ (Z dD Z 33Vd) Zuni aostAwi aw
�lIQ1�1�311dDN01<IxIOSSb17NtlOd11l�J�ps�
9Ja'S�11A1g8 s83n181te31V1S3'IV3N
�10 PO 0� PoY�OR"d �
'83nsopolp P ignp v J0 AInP AJepnPu a is 4Oe,q Aue 10119 a>;1llJesJtll Aq paula"D We
4" u0lpauuoO ul 1pnpuoo J1041,aa11 A11 Igvll wal sWoldwe pus'slueStgns 'sovsueog alsposse,la41 Puff elueds OAtllw OI JO soeAolduw pue 'slusesgns
,MOMMH olepostg 11941 puff slu2Bs Aq sionve pus sJaAnq pm ansopslp 10 Alnp owl gtltgwlP JeW o1 poMtuOo eq pHss4v Qpp18 $141 OI COMM f+Z'BLOZ
'dl4tuopela Aa lsoGe 0111 of veyed 0111 is lussuco uvWM 041411++ A0wd0 011110 p0(ga 04181 4014M pe
owl is sousuuaped eul a01sq"Aug It 014111011118191 AO120BMissileose
s 041 CGUMP al Missile JO Pm Qq ASW MOO Pus led�gid 041 unmeq MOOD V L`V609
s
P you sop Wada am ul suolpury osa4110 uoMulgw00 041 Poe yueft Owes 0 Gu yadt pap a A, Ul o>"M 7ioell
leq osle uJOJ1 Wsda Bollen a seprgsad apple slitp y GUlyloN ZZ'dLOZ
•a0pd own moo UOAQusquj IBWPIWQO
M p2dta ► JBdAupd Rue a3 Walls Ignp v 10 Ruiamsuadsa is RinP ay1 ReNs Rus ul,alis lou soup uoll�ss 1141 m6nq as1110 Wovuao uslllw► ssoxbta
No raw sand . Qgo am uewl JtisaB e*d o iGd of Br41BM q,aasg o4l letll,allos 04101 oaoy�lp lou effys WeOa leap V �sp0s luaeuao uoOHrM
MoJdxa Gill ino�l ao}rd Bupsll an uoyt esal ooyd ala Rlwda�d 0111 Gas of Bulglrn g,ellos 0111 ma joAnq wool esolaslp lau ne41 luaus IenP yy IVGM
M Pvlldwoo Dov L/'dLOZ u0A0ve PUB rj,'GLO v01pQ6 P quausrinba 0tH I) t141 Rq Psq ad Aleamnb
lou d14euopAss Aous6s 10 uuol Oupods
NMA
opJ2Gg eyl 10 uolHpuoo a t• 'Oulpales wap lusle us aWanood of v 014104 wg41oN wepar
'cINsuopslao,eMod pl 10 s opaq RpressGoau lou ds+le Wau0000t yens
10 VAIM OV pus 'uOlpesusq 0101st Ieel e P llnoa all Gs Mile qo ue tp11IM Ja1 u0lsa; M= Jo uopemJvduJoo Aug GI lyDp Ave is 'pled uol fuumo
Jo uoposuadwoO Rue mW a eadt Raw Iuaet Bulpas s pus WQ�!Is9 V 'Jokq 10010 pue jG7ft ueu�laq dlywogela a ,elralysd
a P gAAtupwaJQp Alpossaoou Wu el jMM is isms awl Ag aueda ue of uoposuadwoo Rad o1 uollsl�lgo ma is O 10 lumAed 9U Sl'ALOZ
'uolpewsJl all
of judo Bupsll owl so Buips axle tl luad2 Wines oat us*%'AJuo j*Mq a p sol tuaBs us is ps Asw tgpe=4 AloadoJd tea a va luads Bugles ON el fam
'01'11LOZ us".:" Aq palnba wnoopslp out quoMv ul Qq Hvgv uolpQe tI41 Aq pognbaJ uapvujow pus sant*gp Mll (P)
•jonos pus JoAnq 04141Qq Q b a Gam 0M tau o owsul
is tAlsmenpw Jolles ew p,o'RlontsnpxO,eAnq ow Q :(ouo epotp) P Walls Q4l tl INO 31dWV93131 JW00ION OCD
befig Dunin ioswe
'Jolles pus xAnq 94141oq 0 J0 V4o*npxa Jellos awl Q :(Quo ope4O) P Wase eta tl (AlMO 31dWV91313MIA10010N
=4 Bu MM114 OW 14 vq R04e (q) pue (o) tuOIg NPgns Aq palMOJ 11011812uyu0a OU (0)
ey} Rg
,Jones on Aq paluoo is411a UMOM Q41412M luoppulao is al Jol,d Wells �n 041 Pug Jones
Jong pa,o :Came 8ulll+v► elaadas a ul,o Ruedood lsa nvo pus ossapond of pa>uto e41 ul PoiWiuoo oq ge4v dlysuaAeta sPLL �vBae PUS
vsadoJ De leap a is is 'to sot c awl so Alespnlaow uolpeausq AOodad jogs 041 ul 6*9 sl Wage W+Ae9 vtp M04%
Q1 Haus Wage B� M em'olgealpeJd to uses IV Iq1 'Rlwamaa -Mes an go jWq osq A pMum Ie4110 UOWD ow 440 WePptryoO is a) lope
loan 041 pug 'Js" ou1'1eses awl Rg pedp" a Jo poem dullµM elatdav a ul,o Rlradad lsa pvs pus o�pund of p JIM 041 t! 11�
0q peye agwapelaJ t141 JNO$ 04► Pug Abq G4l WQ wwluosada IU&N long a se Jo 'lua]!s saapos vol ge Rlaysryuow yuode e��Rnq vW is o�elo�w
uolptaeA Auodad 1081 owl ul Gulps tJ loads Bulges"Ja4l W Janes pug jwnq v41019800slP Hgue Wale 00ps av 'vpaolps,d ss uaoe eV (o) Lr"0z
VLO) av tell P I ODad ua PwnPOxWd 91,vot
192111a WPM% Gal oU01MOMP uoll M a step pe8'udls Itma3loe Ha4g'Wede us,o1 Gulps ovsueoll elopoosv
us is yusBs asp 'til'dLOZ ualpvg of lusnan0 ldlvO91 P JUSM5PSYMMMM ue Uqv Ql t0ery0J JvAnq is JQHas 8341 42ritM e+l aOu�� 1 gpm
�eLa
oao
owl sgW= fusee Gulps swl Jolie Asp SWIM Preu 0%012841 JBM Iso JQ" Owl 01 uu01 ansopvlP oyl lusewd now; Inds dtgllas o41 •pwBe Balms am
Aq paoaded Jou tl 0seyarnd of lQpo o 111ey1 'vssyom of np oA" oaf 10 uolpaaxe of JopO d n u000 oe J oaf q noel arwojn p
o n opa►ood neve WeSe BuHleo 0111(P1 'PO4nba of asgeoeJ JO Wvw86PWAOw39 POU" ou OesO u erPPs 1se1 >04 a 114 le JeIIK 0w1
al paaaapPe IIeW Ptd k1 w►w1 a epvlp an Jo►VIoP Aew dnHlao eyl,o'luoDa Dun ouI Rq " 041 wai Wags Hoe ostl Jot peuivlgo 1
P W" tun pue) Jonas owl Us eg Aew Wo Bgite otp µi PW&deW wrgl Simoplip 041 'Jelps esH tw slesq vOe1�-014 v us leap
lau soop tops e cuplae vyl e,oylyl (a 10 ,_,An qnt of Weavind Goal ansopslp, ma 10 Ache a 4pa Jones aul ps .. /4ws OL WaDe Bugles No tselun
'engwnd of isp ye 4u.M Janos awl BuiWatad o1 Jed olgaalpsJd to uooe a Je�lsa v41 of uuof e,neOpOslp e410Plnad Hero fusee Bulnvo W1 (q) 7uowsaBs
BuAtll owl OJU oulJvluv al Joyd,all�aeesyy�owl of wJW oJo$�e1P 041 GIVOld 11840 Aug p Tubb Eu1lsH owsll,N(a) :SAcipl too, t'81oZ u01diaxotp09 Jolualpot qwl tl
papinad ss Iieox� 'mpq p Della Am aay q1? s e,l Mocl d IQQ1 l jbMOUVB Mq � on s sip oPl�d limp stuUl eve Stage p emse9Oupon t' em
06103 UOPM
t1 penpads uJJa1 amsapelp sip Is
oucipasuell Aus oA lea s u1 Wvdg us}o uo1"vdns au1 Jvpun Oulpg t104M smoO elopoeso us epnpul IOU tvop.tue • qnq,
'JaM MOIL .8 uL is I Jolde40 P (d Z UOP&9 411M Bupuawaoo� S ul Pepinad n traMod AOuede Gp Wags ue W04M al 1202120 a stnaa
,yuaBegn (o� wl al ese4um al J0110 us sluessJd pus sispw NMI ou tpgm Alrodad t,a},v+tnq a $pug OW is JvAnq e,o1 AvOftd $vlaaol
0" us. ' d a M 1W JsAnq 8 sulalgo pug $pug is IM 04M pus yuaBa a 4W U69WO M ul spg 04M W88e us J0'eug9 tpe 04M
lubb Gulltp v town ,�weo &W& (u) •Jostal s Pus JOPUM a 411011 tapnpui JGnvl;. 19410119 10 p2119q UO luvde us wap JVUMO 0qi tl eye JO all 11311110 0
AusdaJd lea evespind 01 Rao us 9"0= 04M Jo'ollnsa J%VAM a IOU ,O,e4lMP Wed ut 411M AWN las on MVA AUMO us sew pul pus
AvedoJd lea a ul,aePual_ agl sutau'ROL (w) vgwnp op" ono Gulps= Pio4geeel o 10 uopno vyl Jol suolpt US -4 Pte 'SMY0Aa819 Bull
Q4l u1wlYA paquoo toles Aµ2a0ad Ina a is uopon as Jot walpnM ',eMq pus Janos vW uoomM Avedad imp seSue4aae toPnpul Pus •JoAnne owl
of Janes egl wag 41191 UO Its P J14211011 ayl J01 u well a 01 1130108 Jo 'tlet. ,%oL G) 'Qtv0md of x P us JO Buiilll o put 'uolpsw
�etp ul 100 of tlgdlxgJd on P plow Jo ono Rq u o el Wodt us 110 ul IaJodooO 189110 alga 0111 Jot ugpatusq o tueaw �ngpseuggdad levll. (�
tuolsseP)d�pue assume owl to 9'l£�0I, uo� a W paulelcm WWe"of Wenemd Wvse ue 4MMin os J0 elvt Jot P� uegm'�y Q1gMU
pue uopemp eat duHtoaoxa AuoOO, 10 QrW al4t 121 PIQ4e2ee� ue `t>nat Bu1Hv+QP �Q1 OO plus PQAa�uu� tl is q1 1W 4a"AlJ2daa ul M
UM" is M J0 (l) uagnl Rg P �eleQ Rue suaew ./lloQdoJd leas. (p join 041 Aq Gouai 'eooe nada AiJada d n�a eyl P 0las Qyl Jsl PeJWOO
am sew00" LpNM Wade B�uHles v 4MMM Gulps ,aMq a Aq' poM= p uluoo uoW a tusow m4=4 o1,�p, (0 'RUedQJd lea Qyl Ang o1 dulHlJA
q oq1 y7tyJA Ja1 Qsewaund 110 ,e110 uo vl pollpsdt 21anop tq PQveadxo Iunowo Qyl vl .Qp (4) 7u�e BuptH Qyl y8na11l RlrOda,d�vdoij
a vy
JIM 01 GuIH1+A 81 JQHQO 941 IRVA 10) filen 041 ul P 0". $lollop W PQnuft iunowe Qwl tl.volkl a+l�tl�( ) 'uollapoku 0,03 Woeg us so pe Ol
188310 a p0ulelgo soy owA uo21Qd t tuevw.hods Gunsm (1) sJOAnq a ulalga,0 0110 Auedad lea 81111102 01 PSZ1Jogtna usoq oey Wa 0111
yaltlM All Wada ua pue Auodaud 1a8310 JQUH►o us uQaMlOq pequ0o v taaQw uawaaGe uu��t�J, (o) 'ulpew all Avedad Joel a ul,eAnq eyl pus jellas Qwi
wwll00qq�J0/ WaBS SO 'Q01ue0H Ol8passe us 4GROM JO AJpoyp 101A1v 'Bulpff 120ds us eueow .Wade IBM. (p) .000 ► Jo eopm 8epnpul ,rak4a 'uo)pssual
Avvdold lea g oWl 100 -PJM �o galgo 1141 qRM ',ouusw Neul�lo,d is '�opeue,l 'Itneas a usyl am ul lusBe us P swWn a* aloes oqm Jo yuedg
ua 4Dnawl Jones a wary AIJOdad le'el ete4and of Je110 ue SoMova OqM uo sed a topnplry pus •uolpgtueq AUedoud Igel a uJ 0a01sugq a tueaw ,�oAnB.
(0) Gualpury Oman I,,,, gowo4An Jot Jv4o1q Q41 Aq Mad letp Ol pamo Alnp owl of iuelvAlnbQ al A1nP tout lusipatuell Apoctad I= a ul 'ledpupd
e lou tJ ooyA tenet Jo,OAnq Aug of Jo yrdpulJO Aue oa Alnp o teMo eowaon QlspossI us u84M yuede" P tWode se uUqued 04M toatuaM ole am
is =1 eltpas2o ue P A1108000 041 of ualoWodnt iyoNo,q sip japun uolpun)
of pus 01uao>I oleiQo Ia83 a Oulgnba ape 41t1�► uolpsuuao ul Ino6s t�o>foJq oyl is pt o11og91q o 4uHp+v pe+guluoo uslllw► a oW paOWe so4 ,O J01Jaq e,Qpon
potuaon Joypv tl oy+iA pue opo0 tuOpavlad pug tGoulvne Q411a V, uOlGlJya P y lJ �aiv(po q ieeyam7 o0,Q1W� ua,oP��a£tooev! BuJja oaueollW+
is JO�pJq dltlto la91 s se pasuson tl o4M uotJed a waew .QOwQoH saepaal�r. `qi .
Jopun pug 'apo0 �IttQlad pue stwpnl�0111�� uapq+ya 10 t I+Qd iO (0£101 uQA�S 41iM Bupuawuao) £ 1Qadorq Jvpsm Jv>�g ololse leen a is pawao�
tJ oyiA uoeJOd a sopnpsq Pus •uolpssuel Wel e W SBZZ uolpQS g1iM BupuauruJoO) d OIIA P ttiQlvl+�Q1d logon GupOe uasJed a tusow .tuoBV. {q
:sdulueGw dulMglgl vyi vAsy euual Q41'o+yQnpsN'rZ'810Z � rt'dLOZ wQAOQS v! PeD� tV t1•alOt
11NOV:13HL NO SHV3ddV 91V610Z� 1aZ'61QZ 8NOIJ.03S 300J 1IJ1110
A CALIFORNIA DISCLOSURE AND CONSENT FOR
! ASSOCIATION REPRESENTATION OF MORE THAN ONE
or REALTOnS" BUYER OR SELLER
(C.A.R. Form DA, 11109)
A real estate broker, whether a corporation, partnership or sole proprietorship, ("Broker') may represent more than one
buyer or seller provided the Broker has made a disclosure and the principals have given their consent. This multiple
representation can Occur through an individual licensed as a broker or through different associate licensees acting for the
Broker The associates licensees may be working out of the same or different office locations.
Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time.
These prospective buyers may have an interest In, and make offers on, the same properties. Some of these properties may
be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any
particular property whether or not Broker represents other buyers interested in the same property.
Broker (individually or through its associate licensees) may have listings on many propemes at the same time As a result,
Broker will attempt to rind buyers for each of those listed properties. Some listed properties may appeal to the same
prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers
may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether
or not Broker has another or other listed properties that may appeal to the same prospective buyers.
Buyer and Seller understand that Broker may represent more than one buyer or seller and even both buyer and seller on
the same transaction
If Seller is represented by Broker, Seller acknowledges that Broker may represent prospective buyers of Seller's property
and consents to Broker acting as a dual agent far both Seller and Buyer in that transaction.
If Buyer Is represented by Broker. Buyer acknowledges that Broker may represent sellers of property that Buyer is
Interested in acquiring and consents to Broker acting as a dual agent for both Buyer and Seller with regard to that property.
In the event of dual agency, Seller and Buyer agree that: (a) Broker, without the prior written consent o1 the Buyer, will not
disclose to Seller that the Buyer is willing t0 pay a price greater than the offered price, (b) Broker, without the prior written
Consent of the Seller, will not disclose to the Buyer that Seller is willing to sell property at a price less than the listing price:
and (b) other than as set forth in (a) and (b) above, a Dual Agent Is obligated to disclose known facts materially affecting
the value or desirability of the property to both parties.
NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence, terms, or
conditions of Buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any
such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice
in the real estate community, the Listing Agent's marketing strategy and the instructions of the Seller
Seller and/or Buyer acknowledges reading and understanding this Disclosure and Consent for Representation of
More than One Buyer or eller and jup-ag. poselblllty disclosed.
❑ Seller ❑x Buyer Date 03/08/2013
Iva Sou ernSeller❑Buyer Date 1 Real Estate Broker (Firm) Max eDate 03/08/2013
B A�,al�i
Y Rosalinda Hernandez
Tne mpyrghl WeSor Me Umve tR me rano IT Us. COO.) fati0 Ne uneullw¢aU eepo0uctlon or MISRI a airy Sonlon voevex by pnolomPr mdtnuro or nnY o9wl moans,
o Jud.s9 lamanfte,TA xieveO x.f. COI el IOSI-20O. CALIFORNIA ASSOCIATION OF REALTORSS. INC ALL RIGHTS RESERVED
THIS FORMHAS BEEN APPROVED ex THE CALIFORNIA ASSOCIATION OF REALTORSII (CAR ) NO REPRESENTATION Is MADE As TO THE LECA VAUOOV OR
I.N FnI FSTATF IRONER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS IF YOU DESIRE LEGAL OR TAI AONCE. CONSULT ANAPPRUPKIATE nlVrcbsmnu
Tllu fee IT aMN010 M Ove W Me Meore.... InMISVy. II I. MI WHOM To 9mllly So uNI as a REALTORS REALTORIT Is a enzWe0 oevei memeoi MM
xTM Me, W VMM ontr b/ mo neve, of ma NATIONAL TSSOCNTION OF REALTORSSwIq w.sume To iH Code m 1
RFAL ESinii&191MESS9ERYICES INC
v 4AWFWTIA,1 A ✓REAL APPA Rargvldq Dvle
v .9a 5znYp AwYy.m Apam fabma 9%1N 1121
OA 11/06 (PAGE t OF 1)
REPRESENTATION OF MORE THAN ONE BUYER OR SELLER IDA PAGE 1 OF 1)
Christy Jaki
From: Christy lakl
Sent: Thursday, April 18, 2013 7:54 AM
To: Catherine Salcedo
Cc: Maria Morris; Manny Ruelas
Subject: Harrison House Residential Purchase Agreement & Request from Re/Max
Attachments: Harrison House Residential Purchase Agreement.pdf
Hi Cathy,
For your records, attached is a copy of the executed Residential Purchase Agreement for the Harrison
House. Ms. Hernandez picked -up the executed copy of the agreement on 4/17 to open escrow.
Ms. Hernandez stated that she will need to Disclosure documents returned and the City's preference
for a termite inspector. She was fine with receiving this information upon your return to work next
Monday.
Thank you!
Christ? Jakl, cmc
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Please share your experience with the City by taking our Survey.
32400 PASCO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 FAx
I vrg
TRANSMITTAL
TO:
Re/Max Encore
Attn: Rosalinda Hernandez
31931 Camino Capistrano
San Juan Capistrano, CA 92675
,(Picked -up in person)
DATE: April 16, 2013
U1776
MEMBERS OF 711E CITYCOUNCIL
SAMALLEVATO
ROY L. BYRNES. M.O.
LARRYKRAMER
DEREK REEVE
_ JOHN TAYLOR
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE:. Residential Purchase Agreement — Harrison House/Parra Adobe Property (APN 666-19-
18)
Enclosed:
(1) Original, Residential Purchase Agreement — Harrison House/Parra Adobe Property
(APN 666-19-18)
If you have questions concerning the agreement, please contact Cathy Salcedo, Executive
Services Manager at (949) 443-6317.
Cc: Cathy Salcedo, Executive Services Manager
Sall Jrran Capistrano: Pi•esei-ving the Past to Enhance the Futtwe
0 w
Printed on jC0% recycled pager
(AUG. 3 G
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and City Counci embers
FROM: Hans Van Ligten, City Attor
DATE: April 16, 2013
4116/2013
D74
SUBJECT: Consideration of a Residential Purchase Agreement Relating to the
Harrison House/Parra Adobe Property (Parcel No. 666-19-18)
RECOMMENDATION:
By motion, authorize the Mayor to execute a Residential Purchase Agreement with
Ivar Southern regarding the sale of the Harrison House/Parra Adobe Property (Parcel
No. 666-19-18).
EXECUTIVE SUMMARY:
The City Council previously determined to dispose of the Harrison House/Parra Adobe
property so it may be put to productive use. Based upon review of offers received from
seven interested parties, the Real Property Subcommittee recommends selecting
Ivar Southern as the successful offeror at a purchase price of $510,000. Staff
recommends the City Council authorize the Mayor to execute a Residential Purchase
Agreement (Attachment 1) with Ivar Southern.
DISCUSSION/ANALYSIS:
To ensure that the City received competitive proposals for the sale of the Harrison
House/Parra Adobe property, the City Council on February 19, 2013, selected RE/MAX
Encore to market and represent the City for the sale of the property. The list price of the
property was established at $450,000.
RE/MAX Encore received seven offers to purchase the property as a result of their
marketing campaign (see chart), which were reviewed by the City Council Real -Property
Subcommittee, consisting of Mayor John Taylor and City Council Member Larry Kramer
with the City Manager. After reviewing the offers, the Subcommittee is recommending
the offer from Ivar Southern.
City Council Agenda Report
April 16, 2013
Page 2 of 2
Date Offer Received Deposit Escrow
Received
8 -Mar -13
$510,000.00
$20,000.00
45 days
20 -Mar -13
$450,000.00
$10,000.00
45 days
27 -Mar -13
$475,000.00
$15,000.QO
45 days
1 -Apr -13
$450,000.00
$5,000.00
45 days
2 -Apr -13
$450,000.00
$10,000.00
30 days
3 -Apr -13
$450,000.00
$10,000.00
30 days
8 -Apr -13
$495,000.00
$15,000.00
30 days
FISCAL IMPACT:
If the transaction is closed as described in the Residential Purchase Agreement, the
City will receive net proceeds after the cost of the sale.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Carlos Hernandez, RE/MAX Encore
Rosalinda Hernandez, RE/MAX Encore
ATTACHMENT(S):
Attachment 1 — Residential Purchase Agreement.
CALIFORNIA
: E! A 1.1 f 0 It N I A RESIDENTIAL PURCHASE AGREEMENT
A s S 0 (: IA 1'10N AND JOINT ESCROW INSTRUCTIONS
®®�► (1 I R t. A 1. I O R S ` For Use With Single Family Residential Property — Attached or Detached
(C,A.R. Form RPA -CA, Revised 4110)
Dale March B. 2013
1. OFFER:
A. THIS IS AN OFFER FROM zvar Southern ("Buyer").
B. THE REAL PROPERTY TO BE ACQUIRED is described as 27762 t]rteca Hi.ahway. San Juan Capistrano CA 92675
, Assessor's Parcel No. situated in
San .bran Capistrano , County of Oranfre . California. ("Property").
C. THE PURCHASE PRICE offered is Five Hundred Tan Thousand
(Dollars S 510.000, n0 )
D. CLOSE OF ESCROW shall occur on (dato) (or ® 45 Days After Acceptance).
2, AGENCY:
A. DISCLOSURE: Buyer and Seller each acknowledge prior receipt of a "Disclosure Regarding Real Estate Agency Relationships"
(C.A.R. Form AD).
B. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of
multiple representation by the Broker representing that principal This disclosure may be part of a listing agreement, buyer representation
agreement or separate document (C.A.R. Form DA) Buyer understands that Broker representing Buyer may also represent other potential
buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also
represent other sellers with competing properties of interest to this Buyer.
C. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction -
Listing Agent Re/Max Encore (Print Firm Name) is the agent
of (check one) ❑ the Seller exclusively: or ® both the Buyer and Seller.
Selling Agent Re/Max Encore (Print Firm Name) (if not the same as the
Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seiler exclusively; or ® both the Buyer and Seller. Real Estate
Brokers are not parties to the Agreement between Buyer and Seiler.
3, FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder.
A. INITIAL DEPOSIT: Deposit shall be in the amount of ............. ................. . .. . . ... .. .. S 20.000.00
(1) Buyer shall deliver deposit directly to Escrow Holder by personal check. ❑ electronic funds transfer. ❑ Other
within 3 business days after acceptance (or ❑ Other };
OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ )
to the agent submitting the offer (or to ❑ },
made payable to . The deposit shall be held
uncashed until Acceptance and then deposited with Escrow Holder (or ❑ into Brokers trust account) within 3
business days after Acceptance (or ❑ Other ).
B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of 5
within Days After Acceptance, or ❑
If a liquidated damages clause is incorporated into this Agreement. Buyer and Seller shall sign a separate
liquidated damages clause (CA.R. Form RID) for any increased deposit at the time It is deposited -
C. LOAN(S):
(1) FIRST LOAN: in the amount of................................................................. S 470.000.00
This loan will be conventional financing or, if checked, ® FHA, ❑ VA, j] Seller (CA R. Form SFA),
❑ assumed financing (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed
rale not to exceed % or, D an adjustable rate loan with initial rate not to exceed
Regardless of the typo of loan, Buyer shall pay paints not to exceed % of the loan amount.
(2) ❑ SECOND LOAN: In the amount of ......... ..... ........................................ .. . S
This loan will be conventional financing or, if checked, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing
(C.A.R. Form PAA). ❑ Other . This loan shall be at s fixed rate not to exceed
% or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of
the type of loan, Buyer shall pay points not to exceed % of the loan amount.
(3) FHANA: For any FHA or VA loan specified above. Buyer has 17 (or (] ) Days After Acceptance
to Deliver to Seller written notice (C.A.R. Form FVA) of any tender -required repairs or costs that Buyer
requests Seller to pay for or repair. Seiler has no obligation to pay for repairs or satisfy lender requirements
unless otherwise agreed in writing.
D. ADDITIONAL FINANCING TERMS:
E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT: in the amount of .. S 20,000.00
to be deposited with Escrow Holder within sufficient time to close escrow.
F. PURCHASE PRICE (TOTAL): ..... .. .. ....... I .. I .................. ........ S 520.000.00
Buyers Initials = —,-) ) ( ) Sellers Initials { ) ( )
trie txipynphf tanv► Of Iho Un-lod Stolaf (TMo 17 U S CaMI fab,d Iho 19MIhpn: rid toWoa"Imn of f s form. or f2l
any Varian ttoual, by photatapyy maMno a any athar moans. m"wV faesmula or compWaruod formats iomb"wC
Coppomo 1D91.2010, CALIFORNIA ASSOCIATION OF I1EALTOR80 INCA[( RI('.IriS RESERVED OffON°ratr
RPA -CA REVISED 4110 (PAGE 1 OF 8) Reviewed by Data
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 1 OF 8)
Agent: Rosalinda Hernandez Phone: 949.661.7300 Fax: 949.407.6117 Prepared using zipFormS software
Broker: RolMax Encore 31931 Camino Capistrano Suite B San Juan Capistrano , CA 92675
ATTACHMENT 1
27762 Ortega Highway
Property Address: San Juan Capistrano, CA 92675 Date: March 8, 2013
G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or loan broker pursuant to 3H(t)) shall, within 7 (of
❑ ) Days After Acceptance. Deliver to Seller written verification of Buyers down payment and closing costs. (if checked,
verification attached.)
H. LOAN TERMS:
(1) LOAN APPLICATIONS: Within 7 (or ❑ ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan
broker stating that, based on a review of Buyers written application and credit report, Buyer is prequalified or preopprovad for any NEW loan
specified in 3C above. (If checked, ❑ letter attached.)
(2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above
Is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit. balance
of down payment and dosing costs aro not contingencies of this Agreement.
(3) LOAN CONTINGENCY REMOVAL:
(1) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in willing remove the loan contingency
or cancel this Agreement:
OR (11) (if checked) ® the loan contingency shall remain in effect until the designated loans are funded.
(4) ❑ NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a contingency of this Agreement It Buyer does not
obtain the loan and as a result Buyer does not purchase the Property. Seller may be entitled to Buyers deposit or other legal remedies.
1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or, if checked, ❑ is NOT) contingent upon a written appraisal of the Property
by a licensed or certified appraiser at no loss then the specified purchase price. If there is a loan contingency. Buyers removal of the loan
contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked. Buyer shall, as speed in paragraph 148(3), in writing
remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance). If there is no loan contingency.
Buyer shall, as specified in paragraph 148(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or }
Days After Acceptance.
J. ❑ ALL CASH OFFER (If checked): Buyer shall, within 7 (or ❑ ) Days After Acceptance. Deliver to Seller written verification of
sufficient funds to close this transaction. (if checked, ❑ verification attached)
K. BUYER STATED FINANCING: Seller has relied on Buyers representation of the type of financing specified (including but not limited to. as
applicable, amount of down payment. contingent or non contingent loan, or all cash). If Buyer seeks alternate financing. (i) Seller has no obligation
to cooperate with Buyers efforts to obtain such financing, and (ii) Buyer shall also pursue the financing method specified in this Agreement.
Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in
this Agreement.
4. ALLOCATION OF COSTS (If checked) Unless otherwise specified in writing, this paragraph only determines who is to pay for the inspection. test or
service ("Report") mentioned, it does not detennine who Is to pay for any work recommended or Identified in the Report.
A. INSPECTIONS AND REPORTS:
(1) ❑ Buyer ® Seller shall pay for an inspection and report for wood destroying pests and organisms ("Wood Post Report") prepared by
a registered structural pest control company.
(2) ❑ Buyer ❑ Seller shall pay to have septic or private sewage disposal systems pumped and inspected
(3) ❑ Buyer ❑ Seller shall pay to have domestic wells tested for water potability and productivity
(4) ❑ Buyer ® Seller shall pay for a natural hazard zone disclosure report prepared by diao2osure source
(5) ❑ Buyer ❑ Seller shall pay for the following inspection or report
(8) ❑ Buyer ❑ Seger shall pay for the following inspection or report
B. GOVERNMENT REQUIREMENTS AND RETROFIT:
(1) ❑ Buyer ® Seller shall pay for smoke detector installation and/or water heater bracing, it required by Law. Prior to Close Of Escrow. Seller
shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless exempt.
(2) 0 Buyer O Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and
reports if required as a condition of dosing escrow under any Law.
C. ESCROW AND TITLE:
(1) ® Buyer ® Seller shall pay escrow fee each to nay their own
Escrow Holder shall be se.Iiers ehe.fce
(2) ❑ Buyer ® Seller shall pay for ownoes title insurance policy specified in paragraph 12E
Owners title policy to be issued by Sw.l Jars choice
(Buyer shall pay for any title insurance policy insuring Buyers lender, unless otherwise agreed in writing.)
D. OTHER COSTS:
(1) ❑ Buyer ® Seller shall pay County transfer tax or fee
(2) ❑ Buyer ❑ Seller shall pay City transfer tax or fee
(3) ❑ Buyer O Seller shall pay Homeowners Association ("HOA`) transfer fee
(4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees
(5) ❑ Buyer ❑ Seger shall pay for any private transfer fee
(8) ❑ Buyer ® Seger shall pay the cost. not to exceed S 450.00 of a one-year home warranty plan.
issued by Buyarw Protection Group Home Warranty with the following optional coverages
❑ Air Conditioner ❑ Poet/Spa ❑ Code and Permit upgrade ® Other. cgs Preferred
Buyer is informed that home warranty plans have many optional coverages in addition to those listed above Buyer is advised to investigate
these coverages to determine those that may be suitable for Buyer.
(7) ❑ Buyer ❑ Seller shall pay for
(8) ❑ Buyer ❑ Seiler shall pay for
..�^
Buyers Initials) ( ) sellers Initials ( ) ( )
Copovnt O m991•2010. CALIFORNIA ASSOCIATION OF REALTORSZD, INC. Reviewed by 00:@ rauasxc
RPA -CA REVISED 4/10 (PAGE 2 OF 8) a.wmkar.
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 2 OF 81 27762 Otcga
27762 Ortega Highway
Property Address: San Juan Capistrano, CA 92675 Date: March 8, 2013
5. CLOSING AND POSSESSION:
A. Buyer intends (or ❑ does not intend) to occupy the Property as Buyer's primary residence.
B. Seller-occuplod or vacant property: Possession shall be delivered to Buyer at 5 PM or ( O ❑ AM ❑ PM), on the date of Close
Of Escrow; ❑ on ; or ❑ no later than Days After Close Of Escrow. If transfer of title
and possession do not occur at the some time, Buyer and Seller are advised to- (1) enter into a written occupancy agreement (C.A.R. Form PAA,
paragraph 2): and (li) consult with their Insurance and legal advisors.
C. Tenant-occuplod property:
(1) Property shall be vacant at least 5 (or ❑ ) Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller:
If you are unable to deliver Property vacant in accordance with rent control and other applicable Law, you may be In breach of this
Agreement.
OR (It) (if checked) ❑ Tenant to romaln In possession. (C.A.R, Form PAA, paragraph 3)
D. At Close Of Escrow, (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale, and (Ii) Seller shall Deliver to Buyer
available Copies of warranties, Brokers cannot and will not determine the assignability of any warranties.
E. At Close Of Escrow, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all locks, mailboxes, security systems.
alarms and garage door openers. If Property is a condominium or located in a common interest subdivision. Buyer may be required to pay a
deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities.
e. STATUTORY DISCLOSURES (INCLUDING LEAD-BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS:
A. (1) Seller shall, within the lime specified In paragraph 14A. Deliver to Buyer, if required by Law: (1) Federal Lead-Based Paint Disclosures (C.A.R.
Form FLD) and pamphlet ("Lead Disclosures"); and (11) disclosures or notieas required by sections 1102 at. seq. and 1103 at. seq. of the Civil
Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ('TDS"),
Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of Illegal controlled substance, nonce of special tax
and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos Community Facilities Act and Improvement Bond
Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordinance location (C A.R. Form SPO or SSD).
(2) Buyer shall, within the time specified in paragraph 1413(1), return Signed Copies of the Statutory and Lead Disclosures to Seller.
(3) In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material
inaccuracy in disclosures, information or representations previously provided to Buyer. Seller shall promptly provide a subsequent or
amended disclosure or notice, in writing, coveting those items. However, a subsequent or amended disclosure shall not be required for
conditions and material Inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by
Buyer or ordered and paid for by Buyer.
(4) If any disclosure or notice specified in 6A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed,
Buyer shall have the right to canoel this Agreement within 3 Days After Delivery In person, or 6 Days After Delivery by deposit in the mail, by
giving written notice of cancellation to Seller or Soller's agent.
(5) Note to Buyer and Seller: Waiver of Statutory and Load Disclosures Is prohibited by Law.
B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 14A. Seller shall, if required by Law: (1) Deliver to Buyer
earthquake guides (and questionnaire) and environmental hazards booklet; (ii) even if exempt from the obligation to provide a NHD, disclose if
the Properly is located in a Special Flood Hazard Area: Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire
Responsibility Area; Earthquake Fault Zone: Seismic Hazard Zone: and (ill) disclose any other zone as required by Law and provide any other
information required for those zones.
C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seiler shall Deliver to Buyer or qualified
substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law, (C.A.R Form AS or OS).
0. MEGAN'S LAW DATABASE DISCLOSURE: Notice; Pursuant to Section 290.46 of the Penal Code, Information about specified registered sex
offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.co.gov. Depending
on an offendoel; criminal history, this information will include either the address at which the offender resides or the community of residence and
ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further Information, Broker
recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this
area.)
7. CONDOMINIUMIPLANNED DEVELOPMENT DISCLOSURES:
A. SELLER HAS: 7 (or ❑ ) Days After Acceptar= to disclose to Buyer whether the Property is a condominium, or is located in a
planned development or other common Interest subdivision (C.A.R. Form SPO or SSD).
B. If the Property is a condominium or is located in a planned development or other common interest subdivision. Seller has 3 (or ❑ )
Days After Acceptance to request from the HOA (C.A.R. Form HOA); (1) Copies of any documents required by Law; (it) disclosure of any pending
or anticipated claim or litigation by or against the HOA; (ill) a statement containing the location and number of designated parking and storage
spaces; (Iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact Information of
all HOAs governing the Property (collectively, "CI Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA
and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph
148(3).
8. ITEMS INCLUDED IN AND EXCLUDED FROM PURCHASE PRICE:
A. NOTE TO BUYER AND SELLER: Items fisted as included or excluded in the MLS, flyers or marketing materials are not included In the purchase
price or excluded from the sale unless specified in 8B or C.
S. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property;
(2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, soler systems,
buil(-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite
dishes, private integrated telephone systems, air coolersiconditioners, pooUspa equipment, garage door openershemote controls, mailbox.
In-ground landscaping, trees/shrubs, water softeners, water purifiers, security systemsfalarms; (If checked ® stove(s), ❑ reingerator(s): and
(3) The following additional items:
(4) Seller represents that all items included In the purchase price, unless otherwise specified, are owned by Seller.
(5) All items included shall be transferred free of liens and without Seller warranty.
C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, audio and video components (such as flat screen TVs and speakers) are excluded
If any such item is not itself attached to the Property, oven if a bracket or other mechanism attached to the component is attached to the Property,
and
Buyer's Initielsd) ( ) Seller's Initials { ) { ) �_
CeWgNQ 1991-20110, CALIFORNIA ASSOCIATION OF RMTORS9, WC
RPA-CA REVISED 4110 (PAGE 3 OF 8)
Reviewed by Date rw NTWI
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 8) 27762 olega
27762 Ortega Highway
Property Address: San Juan Capistrano, r^.A 92675 Date: March 8, 20I3
9. CONDITION OF PROPERTY: Unless otherwise agreed: (t) the Property Is sold (a) In Its PRESENT physical ("as -is") condition as of the date of
Acceptance and (b) subject to Buyer's Investigation rights; (11) the Property. including pool, spa, landscaping and grounds, is to be maintained In
substantially the same condition as an the date of Acceptance: and (ill) all debris and personal property not included in the sale shall be removed by
Seller by Close Of Escrow,
A. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property. including
known Insurance claims within the past five years, and make any and all other disclosures required by law.
S. Buyer has the right to inspect the Property and, as specified in paragraph 148, based upon Information discovered in those inspections: (i) cancel
this Agreement; or (ii) request that Seller make Repairs or take other action.
C. Buyer Is strongly advised to conduct Investigations of the entire Property In ardor to determine Its present condition. Seller may not be
aware of all detects affecting the Property or other factors that Buyer considers Important. Property Improvements may not be built
according to code, in compliance with current Law, or have had permits issued.
10. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this
paragraph and paragraph 14B. Within the time specified in paragraph 148(1). Buyer shall have the right. at Buyer's expense unless otherwise
agreed, to conduct inspections. investigations, tests, surreys and other studies ("Buyer Investigations"). including. but not limited to. the right to:
(I) inspect for lead-based paint and other lead-based paint hazards. (1l) inspect for wood destroying pests and organisms; (iii) review the
registered sex offender database; (Iv) confirm the Insurability of Buyer and the Properly: and (v) satisfy Buyer as to any matter specified in the
attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent. Buyer shall neither make nor cause to be made: (1)
invasive or destructive Buyer Investigations: or (11) inspections by any governmental building or zoning inspector or government employee. unless
required by Law.
B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (t) as specified in paragraph 148, complete Buyer Investigations
and, either remove the contingency or cancel this Agreement, and (11) give Sellar, at no cast. complete Copies of all Investigation reports obtained
by Buyer, which obligation shall survive the termination of this Agreement.
C. Seller shall have water, gas, electricity and all operable pilot lights an for Buyer's Investigations and through the date possession is made
available to Buyer.
0. Buyer Indemnity and Seller protection for entry upon prop": Buyer shall: (1) keep the Property free and clear of lions; (II) repair all damage
arising from Buyer Investigations; and (111) Indemnity and hold Seller harmless from all resulting liability, claims, demands. damages and costs of
Buyer's investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers'
compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during
any Buyer Investigations or work done on the Property at Buyers direction prior to Close Of Escrow. Seller is advised that certain protections may
be afforded Seller by recording a `Notice of Non-rosponsibility" (CA.R. Form NNR) for Buyer Investigations and work done on the Property at
Buyers direction. Buyers obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close of Escrow.
11. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS:
A. Seller Disclosures (if checked): Seller shall, within the time specified in oaraoraoh 14A. complete and provide Buver with a:
B. Addenda Of checked): U Addendum # (C.A.R. Form ADM)
® Wood Destroying Pest Inspection and Allocation of Cost Addendum (C.A.R. Form WPA)
❑ Purchase Agreement Addendum (C.A,R Form PAA) ❑ Septic. Well and Property Monument Addendum (C.A R. Form SWPI)
❑ Short Sale Addendum (C.A.R. Form SSA) L7 Other
C. Advisories (if checked); 0 Buyers Inspection Advisory (C.A.R. Form BtA)
Probate Advise CA.R. Form PAK 0 Statewide Buyer and Seller Advise C.A.R. Form SBSA1
Trust Advisory (C.A.R. Form TA) ❑ REO Advisory (C.A.R. Foran REO)
D. Other Terms: Thins is a 203k loan subject to aM=yal of 203k rehabilitation repairs. Loan »111
closo in as is condition
12. TITLE AND VESTING:
A. Within the time specified in paragraph 14. Buyer shall be provided a current preliminary title report, which shall include a search of the General
Index. Seller shall within 7 Days After Acceptance give Escrow Halder a completed Statement of Information The preliminary report is only an
offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyers review of the preliminary report
and any other matters which may affect Title are a contingency of this Agreement as specified in paragraph 14B.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters.
whether of record or not, as of the date of Acceptance except: (1) monetary liens of record unless Buyer is assuming those obligations or taking
-the Property subject to those obligations; and (Il) those matters which Seller has agreed to remove in writing.
C. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title. whether of record or
not.
D. At Close Of Escrow. Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease. an assignment of stock
certificate or of Sellers leasehold interest). Including oil, mineral and water rights if currently owned by Seller. Title shall vast as designated in
Buyers supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES.
CONSULT AN APPROPRIATE PROFESSIONAL
E. Buyer shall receive a CLTAIALTA Homeowners Policy of Title Insurance. A title company, at Buyers request, can provide information about the
availability. desirability, coverage. survey requirements. and cost of various title insurance coverages and endorsements. If Buyer desires title
coverage other than that required by this paragraph. Buyer shall instruct Escrow Holder in writing and pay any increase in cast
13. SALE OF BUYER'S PROPERTY:
A. This Agreement is NOT contingent upon the sale of any property owned by Buyer.
OR B. 0 (If checked): The attached addendum (C.A.R. Form COP) regarding the contingency lot the sale of property owned by Buyer is incorporated
into this Agreement.
Buyers Initials I.Z 6_) ( ) Sellers Initials
Ccpyrol b 1901.2010. CALIFORNIA ASSOCIATION OF RMTORSO, INC
RPA -CA REVISED 4110 (PAGE 4 OF 8) Reviewed by Date onanv"Ir
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 4 OF 8) 27762 nlcga
27762 Ortega Highway
Prgperty Address: San Juan Capistrano, CA 92675 Dale: March 8, 2013
14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time poriods may only be extended, altered,
modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or
Seller must be exercised In good faith and In writing (C.A.R. Form CR or CC).
A. SELLER HAS: 7 (or ❑ ) Days After Accoptance to Deliver to Buyer all Reports, disclosures and information for which Seller is
responsible under paragraphs 4, 6A, B and C. 7A, 9A, 11A and B. and 12. Buyer may give Seller a Notice to Seller to Perform (C.A,R. Form NSP)
if Seller has not Delivered the items within the lima specified.
S. (1) BUYER HAS: 17 (or (3 ) Days After Acceptance, unless otherwise agreed in writing, to:
(1) complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seiler, and
approve all other matters affecting the Property; and
(ii) Deliver to Seiler Signed Copies of Statutory and Lead Disclosures Delivered by Setter in accordance with paragraph 6A.
(2) Within the time specified In 148(1), Buyer may request that Setter make repairs or take any other action regarding the Property (C.A.R. Form
RR). Seller has no obligation to agree to or respond to Buyer's requests.
(3) Within the tlme specified In 148(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller either (1) a removal of the
applicable contingency (C.A.R, Form CR), or (ii) a cancellation (C.A.R. Form CC) of this Agreement based upon a contingency or Seller's
failure to Deliver the specified items. However, if any report, disclosure or information (or which Seller is responsible is not Delivered within the
time specified in 14A, then Buyer has 5 (or (] ) Days After Delivery of any such items, or the time specified in 14B(1), whichever
is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement.
(4) Continuation of Contingency: Even after the end of the time specified in 146(1) and before Seller cancels this Agreement. if at all, pursuant
to 14C, Buyer retains the right to either (i) in writing remove remaining contingencies, or (it) cancel this Agreement based upon a remaining
contingency or Seller's failure to Deliver the specified terms Once Buyer's written removal of all contingencies is Delivered to Seller. Setter
may not cancel this Agreement pursuant to 14C(1).
C. SELLER RIGHT TO CANCEL:
(1) Seller right to Cancel; Buyer Contingencies: If, within time specified in this Agreement. Buyer does not. in writing, Deliver to Seller a
removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer- to Perform
(C.A.R. Form N8P) may cancel this Agreement In such event, Seller shall authorize return of Buyer's deposit
(2) Sailor right to Cancel; Buyer Contract Obligations: Sailor, after first Delivering to Buyer a NBP may cancel this Agreement (or any of the
following reasons: (1) if Buyer fails to deposit funds as required by 3A or 38: (11) if the funds deposiled pursuant to 3A or 38 ars not good when
deposited: (ill) if Buyer fails to Deliver a notice of FMA or VA costs or terms as required by 3C(3) (C.A.R. Form FVA): (iv) if Buyer fails to
Deliver a letter as required by 3H: (v) if Buyer tails to Deliver verification as required by 3G or 3.1: (vi) if Setter reasonably disapproves of the
verification provided by 3G or 3J: (vii) it Buyer fails to return Statutory and Lead Disclosures as required by paragraph 6A(2): or (viii) if Buyer
fails to sign or initial a separate liquidated damage form for an increased deposit as required by paragraphs 38 and 25. In such event. Seller
shall authorize return of Buyer's deposit.
(3) Notice To Buyer To Perform: The NBP shall: (1) be in writing: (11) be signed by Seller, and (ill) give Buyer at least 2 (or ®Zghs— ) Days
After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. Adv P may not be
Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or
meet an obligation specified in 14C(2).
0. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise
specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that contingency or cancellation right conclusively
be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures: (II) elected to
proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections or for inability to obtain financing.
E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this
Agreement Seller or Buyer must first give the other a demand to close escrow (C.A.R. Form OCE).
F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the
terms of this Agreement. Buyer and Setter agree to Sign mutual instructions to cancel the sate and escrow and release deposits, d any, to the
party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for
services and products provided during escrow. Release of funds will require mutual Signed release Instructions from Buyer and Sollor,
judicial decision or arbitration award. A Buyer or Sailor may be subject to a civil penalty of up to $1,000 for refusal to sign such
Instructions if no good faith dispute exists as to who Is entitled to the deposited funds (Civil Code §1057.3).
15. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Sellers
expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit.
inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to
existing materials. It Is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (1)
obtain receipts for Repairs performed by others; (it) prepare a written statement indicating the Repairs performed by Seller and the date of such
Repairs; and (111) provide Copies of receipts and statements to Buyer prior to final verification of condition.
16. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days Prior
to Close Of Escrow. NOT AS A CONTINGENCY OF THE SALE, but solely to confirm, (1) the Property is maintained pursuant to paragraph 9: (11)
Repairs have been completed as agreed: and (til) Seller has complied with Sellers other obligations under this Agreement (C A.R Form VP).
17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and
prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency
dues and assessments Imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments
assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that aro o current lien. The following
items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price prorated payments on Matto -Roos and other Special Assessment
0strict bonds and assessments and HOA special assessments that are a current lien but not yet due. Property will be reassessed upon change of
ownership. Any supplemental tax bills shall be paid as follows: (1) for penods after Close Of Escrow, by Buyer: and (11) for penods prior to Close Of
Escrow, by Seller (see CA.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED
DIRECTLY BETWEEN BUYER AND SELLER. Proration shall be made based on a 30 -day month.
Buyers Initials f) ( ) Setters Iniusis I
Cepyrgm O 1991,2010, CALIFORNIA ASSOCIATION OF REALTORSS. INC
RPA -CA REVISED 4110 (PAGE 5 OF 8) Reviewed by Date
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 5 OF 8) 27762 (hrgu
27762 Ortega Highway
Property Address: San Juan Capistrano, CA 92675 Date: March 8, 2013
18. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors. service or product providers ("Providers").
whether referred by Broker or selected by Buyer. Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
18. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sate and, upon Close Of Escrow, the sales price and
other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the
information on terms approved by the MLS.
20. EQUAL HOUSING OPPORTUNITY: The Property Is sold In compliance with federal, state and focal anti-discrtmination Laws.
21. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller
shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 26A.
22. DEFINITIONS: As used in this Agreement:
A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the
other party or that party's authorized agent In accordance with the terms of this offer or a final counter offer.
B. "C.A.R. Form" moans the specific form referenced or another comparable form agreed to by the parties.
C. "Close Of Escrow" moans the dale the grant deed, or ether evidence of transfer of title, is recorded.
0. "Copy" means copy by any means including photocopy. NCR, facsimile and electronic.
E. "Days" means calendar days. However. After Acceptance, the last Day for performance of any act required by this Agreement (including Close
Of Escrow) shall not Include any Saturday. Sunday, or legal holiday and shall instead be the next Day.
F. "Days After' moans the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which
the specified event occurs, and ending at 11:59PM on the final day.
G. "Days Prior' means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which
the specified event is scheduled to occur.
H. "Deliver", "Delivered" or "Delivery", regardless of the method used (i.e. messenger, mail email, fax, other), means and shall be effective upon
(t) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real
Estate Bmkom on page 8; OR (ii) if checked, 0 per the attached addendum (C.A.R. Form RDN).
1. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and
Seller agree that electronic means will not be used by either party to modify or after the content or integrity of this Agreement without the
knowledge and consent of the other party.
J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative,
judicial or executive body or agency.
K. "Repairs" moans any repairs (including pest control), alterations, replacements, modifications or retrofilling of the Property provided for under this
Agreement.
L. "Signed" moans either a handwritten or electronic signature on an original document, Copy or any counterpart.
23. BROKER COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written
agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise
specified in the agreement between Broker and that Seller or Buyer.
24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller
to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to
close the escrow: 1, 3, 4, 6C, 11B and D. 12, 13B. 14F, 17, 22. 23, 24. 28. 30, and paragraph 0 of the section titled Real Estate Brokers on page
8. If a Copy of the separate compensation agreement(s) provided for in paragraph 23, or paragraph D of the section titled Real Estate Brokers on
page 8 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay cut of Buyer's or Seller's funds, or
both, as applicable, the respective Brokers compensation provided for In such agreement(s). The terms and conditions of this Agreement not
specifically referenced above, in the specified paragraphs are additional matters for the information of Escrow Halder, but about which Escrow
Holder need not be concerned. Buyer and Seiler will receive Escrow Holder's general provisions directly from Escrow Holder and will execute
such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with. this Agreement, the general
provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and
forms provided by Escrow Holder that are reasonably necessary to close the escrow.
B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or O
), Escrow Holder shall provide Sellers Statement of
Information to Title company when received from Seller. Buyer and Seller authorize Escrow Halder to accept and rely on Copies and Signatures
as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and
Seller is not affected by whether or when Escrow Holder Signs this Agreement.
C. Brokers aro a party to the escrow for the sole purpose of compensation pursuant to paragraphs 23 and paragraph O of the section titled Real
Estate Brokers on page 8. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraphs 23, respectively, and irrevocably
instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement.
Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless
Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of cormensation pursuant to this Agreement. Escrow Holder
shall immediately notify Brokers: (t) it Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of
deposit with Escrow Holder, or (If) if either Buyer or Seller instruct Escrow Holder to cancel escrow.
D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder Is responsible shall be delivered to Escrow
Holder within 2 business days after mutual execution of the amendment.
Buyer's Initials O ( ) Sellor's Initials
CopyrVM O 1891.4010, CALirORNIAASSOCIA7ION OF RMTORSU INC
RPA -CA REVISED 4110 (PAGE 6 OF 8) Print Date Reviewed by Date .....
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 6 OF 8) 27762 Oicgu
27762 Ortega Highxay
Property Address: San Juan Capistrano, CA 92675 Date: March 8, 2013
25. LIQUIDATED DAMAGES: If Buyer falls to complete this purchase because of Buyer's default, Seller shall retain, as
liquidated damages, the deposit actually paid. If the Property Is a dwelling with no more than four units, one of which Buyer
Intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be retumed
to Buyer. Release of funds will require mutual, Signed release Instructions from both Buyer and Seller, judicial decision or
arbitration award. AT TIME OF THE INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED
DAMAGES PROVISION FOR ANY INCREASED DEPOSIT. (C.A.R. FORM RID).
Buyers Initials / Sellers Initials I
26, DISPUTE RESOLUTION:
A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim ansing between them out of this Agreement, or any resulting transaction.
before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims with Broker(s), who, In writing,
agree to such mediation prior to, or within a reasonable time aftor, the dispute or claim is presented to the Broker. Mediation fees, if any,
shall be divided equally among the ponies involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action
without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has
been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation
agreement aro speciRod In paragraph 26C.
B. ARBITRATION OF DISPUTES:
Buyer and Seller agree that any dispute or claim in Law or equity arising botwoen.them out of this Agreement or any
resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and
Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or
within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or
justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to
a different arbitrator. The parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05.
In all other respects, the arbitration shall be conducted In accordance with Title 9 of Part 3 of the Code of Civil
Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement
of this agreement to arbitrate shall be governed by the Federal Arbitration Act Exclusions from this arbitration
agreement are specified In paragraph 26C.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT
OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION
AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE
DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
'WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT
OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Buyers Initials I Sellers Initials /
C. ADDITIONAL MEDIATION AND ARBITRATION TERMS:
(1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or non -judicial foreclosure or
other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined in Civil Code §2985; (11)
an unlawful dotainer action; (Ili) the filing or enforcement of a mechanic's lion; and (Iv) any matter that is within the jurisdiction of a
probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for
order of attachment, receivership, injunction, or other provisional romodfos, shall not constitute a waiver or violation of the
mediation and arbitration provisions.
(2) BROKERS: Brokors shall not be obligated or compollod to mediate or arbitrate unless they agree to do so in writing. Any Broker(s)
participating In mediation or arbitration shall not be doomed a party to the Agreement.
27. TERMS AND CONDITIONS OF OFFER:
This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes
paragraph is Incorporated In this Agreement if initiated by sit parties or if incorporated by mutual agreement in a counter offer or addendum. If at least
one but not all parties Initial such paragraph(s), a counter offer Is required until agreement is reached. Seller has the right to continue to offer the
Property for sate and to accept any other offer at any time prior to notification of Acceptance. If this offer is accepted and Buyer subsequently defaults.
Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement. addendum or modification. including any
Copy, may be Signed in two or more* counterparts, all of which shall constitute one and the same writing.
28. TIME OF ESSENCE: ENTIRE CONTRACT: CHANGES: Time is of the essence. All understandings between the parties are incorporated in this
Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter.
and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. It any provision of this Agreement is held to be
ineffective or Invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be
Interpreted and disputes shall be resolved in accordance with the laws of the State of California. Neither this Agreement nor any provision in it
may be extended, amended, modified, altered or changed, except In writing Signed by Buyer and Seller.
Buyer's Initials ( Z :!�, ) ( ) Settees initials ( ) ( > �
CoWgMe 1991.2010. CAUFORNtAASSOCIATION CF REALTORS®. INC.
RPA -CA REVISED 4110 (PAGE 7 OF 8) ROviOwOd H Date UMI
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 7 OF 6) 27762 Otcga
27762 Ortega Higrhvay
Property Address: San Juan Capistrano, CA 92675 Date: March B, 2013
28. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the
Signed offer is personally received by Buyer, or by . who is
authorized to receive Lt, by 5:00 PM on the third Day after this offer Is signed by Buyer or, if checked -
he ed. ❑ by
13 AM 0 PM. on (date))
Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the above confirmation of agency relationships.
Date 0310012013 Dale
BUYER / _ , BUYER
.Iv
(Pr nt name) (Print name)
(Address)
❑ Additional Signature Addendum attached (C.A.R. Form ASA).
30. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the
above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has
read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer.
❑ (If checked) SUBJECT TO ATTACHED COUNTER OFFER (C.AXL Form CO) DATED:
Date Date
SELLER SELLER
City of San ,Juan oiah"Ro
(Print name) (Print name)
(Address)
❑ Additional Signature Addendum attached (CA.R. Form ASA).
( I ) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyers authorized
(Initials) agent on (date) at E] AM ❑ PM. A binding Agreement Is created when
a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in
this document Completion of this conflrmatlon is not legally required In order to create a binding Agreement. It Is solely
Intended to evidence the date mat connrmauon oT acceptance nos Occurrea.
REAL ESTATE BROKERS:
A. Real Estate Brokers are not parties to the Agreement between Buyer and Sollor.
B. Agency relationships are confirmed as stated In paragraph 2.
C. If specified in paragraph 9A(2). Agent who submitted the offer for Buyer acknowledges receipt of deposit.
D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to
accept out of Listing Brokers proceeds in escrow. (1) the amount specified in the MLS. provided Cooperating Broker is a Participant of the MLS in
which the Property is offered for sale or a reciprocal MLS: or (ii) ❑ (of checked) the amount specified in a separate written agreement (CA.R. Form
CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (CAR. Form DLT) may be used to document that tax reporting
will be required or that an exemption exists.
Real E to Bre r Sell' Fi DRE Lic. #,
y GCORE Lic. # Date
Ad ss 31931 Camino Cao a anaSulte H City San Juan Capistrano State CA Zip 92675
Telophone 2Aga Fox /9491 -mal
Real Estate Broker (Listing Firm) Re/Max Encore_ DRE Lic. #
B Carlos _Hernandez Li. ��,.�„ _ Date
Address 31931 Camino Capistrano Suito H City San Juan Cavist:r4no State CA Zip 92675
Telephone 19491i FOX 19492,E -mail
ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ❑ a deposit in the
amount of $ )
counter offer numbered ❑ Sellars Statement of Information and E] Other
and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement. any
supplemental escrow Instructions and the tomes of Escrow Holders general provisions if any.
Escrow Holder is advised that the dale of Confirmation of Acceptance of the Agreement as between Buyer and Seller is
Escrow Holder Escrow #
By Dale
Address
Phone/F -mai
Escrow Holder is licensed by the Catiomfa Department of ❑ Corporations.[:) Insurance, ❑ Real Estate. License #
PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). I
Braker Of Designee Ilutials '
[REJECTION OF OFFER: ( )1 ) No counter offer is being made. This offer was rejected by Seller on (date).
Set es tn[aats
TMS FORM HAS BEEN APPROVED BY ME CALIFORNIA ASSOCIATION OF REALTORSL (CAR ). NO REPRESENTATION Is MADE AS TO ME LEGAL VALIDITY OR AD£OUACY OF ANY
PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS TIfE PERSON QUALIFIED TO ADVISE ON REAL ESTATE: TRANSACTIONS tr YOU DESIRL LEGAL OR TAX ADVICE,
CONSULT AN APPROPRIATE PROFESSIONAL
ins form is avaddea (or use by Oro oithm roof as = uawW or
ri ss not tmstod to 4ont oro uw as a REALIORR RLALIORN Is a ropstcrod cad one me"Arorsrrp mm4 vnKf• msY On u7on arty DY
msmbas cf aro NATIONAL ASSOCIATION OF REALTORS rho sutsu'bo tom Coco at Eunc+
PuNoM and lXstnbided by:
„ REAL ESTATE BUSINESS SERVICES, INC. Reviewed by 2
a sWmVivy of die Ca wda Association of REALTORSO D
k
Broer or Designee Date
525 South *93Ave+we. Las Angeles. Ca6tamia 90020 rte""
REVISION DATE 4/10 CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA -CA PAGE 6 OF 8) 27762 MILLI
CALIFORNIA
ASSOCIATION BUYER'S INSPECTION ADVISORY
OF REALTORS`k' (C.A.R. Form BIA-A, Revised 10102)
+•or
Property Address: 27762 Ortaaa Higlhvay, San Juan Capistrano CA 92675 ("Properly")
A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not
guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with
professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects
of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further
investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact
qualified experts to conduct such additional investigations.
S. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of
the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you
know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If
you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to
protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of
inspections with the professional who conducted the inspection. You have the right to request That Seller make repairs, corrections or
take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your
requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the
agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in
breach of contract.
C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or
desirability of the Property. However. Seller may not be aware of some Property defects or conditions. Seller does not have an obligation
to inspect the Property for your benefit nor is Seiler obligated to repair, correct or otherwise cure known defects that are disclosed to you
or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to
make the Property available to you for investigations.
0. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil
stability, geologic or environmental conditions, hazardous or Illegal controlled substances, structural conditions of the foundation or other
improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer. septic, waste disposal, or other system.
The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by
you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional
of your choosing. In sales involving residential dwellings with no more than four units. Brokers have a duty to make a diligent visual
inspection of the accessible areas of the Property and to disclose the results of that inspection. However, as some Property defects or
conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a
written agreement with a Broker. the specific terms of that agreement will determine the nature and extent of that Broker's duty to you.
YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF
YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE
FOLLOWING:
1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air
conditioning, electrical, mechanical, security, poollspa, other structural and non-structural systems and components, factures,
built-in appliances, any personal property included In the sale, and energy efficiency of the Property. (Structural engineers are best
suited to determine possible design or construction defects, and whether improvements are structurally sound.)
2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any
numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be
verified by Brokers. Fences, hedges. walls, retaining walls and other natural or constructed barriers or markers do not necessarily
identify true Properly boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to
determine square footage, dimensions and boundaries of the Property.)
3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms
and other infestation or infection. Inspection reports covering these items can be separated into two sections: Section 1 identifies
areas where infestation or infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or
infection. A registered structural pest control company is best suited to perform these inspections.
4. SOIL STABILITY: Existents of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement,
and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions, causes and remedies.)
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form. or any portion thereof, by photocopy
machine or any other means, including facsimile er computerized formats.
Copyright m 1991-2004. CALIFORNIA ASSOCIATION OF REALTORSS,
INC. ALL RIGHTS RESERVED.
BIA-A REVISED 10102 (PAGE 1 OF 2)
Agent: Rosalinda Hernandez Phone: 949.661.7300
Broker. Re/Max Encore 31931 Camino Capistrano Suite B San Juan
Buyers Initials
Sellers Initials
F___ -- by Date mw an+K
Y (BIA-A PAGE 1 OF 2)
Fax: 949.487.6117 Prepared using zipFonn4D software
. CA 92676
Property Address: 27762 Ortoaa Hiorhnay, San Juan Capistrano CA 92675 Date: Marsh a. 2023
S. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.)
6. POOUSPA: Cracks, leaks or operational problems. (Pool contractors are best suited to determine these conditions.)
7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to
sewer, and applicable fees.
8. WATER AND UTILITES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions and costs. Water
quality, adequacy, condition, and performance of well systems and components.
9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other
lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water. hazardous waste,
waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products. or conditions (including
mold (airborne, toxic or otherwise), fungus or similar contaminants). (For more information on these items, you may consult an
appropriate professional or read the booklets "Environmental Hazards: A Guide for Homeowners, Buyers. Landlords and Tenants;
"Protect Your Family From Lead In Your Home" or both.)
10. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity or the Property to
flood. (A Geologist or Geotechnical Engineer is best suited to provide information on these conditions.)
11. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of
the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of
the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options
early as this information may affect other decisions, including the removal of loan and inspection contingencies. (An insurance agent
is best suited to provide information on these conditions.)
12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other
governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size.
(Such information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to
review or interpret any such information.)
13. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be
charged, the maximum number of occupants; and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security
systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements.
(Government agencies can provide information about these restrictions and other requirements.)
14. SECURITY AND SAFETY: State and local Law may require the Installation of barriers, access alarms, self -latching mechanisms
and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various
fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county
to county. Unless specifically agreed, the Property may not be In compliance with these requirements. (Local government agencies
can provide Information about these restrictions and other requirements.)
15. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection,
other government services, availability, adequacy and cost of any speed -wired, wireless Internet connections or other
telecommunications or other technology services and Installations, proximity to commercial, industrial or agricultural activities.
existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor
from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties,
botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common
areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association
requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and
Dreferences of Buyer.
Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (11) Does not
guarantee the condition of the Property; (Iii) Does not guarantee the performance, adequacy or completeness of Inspections, services, products or
repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the
Property; (v) Shall not be responsble Ior identiying defects an the Propeny, in common areas, or offsite unless such defects are visually observable
by an inspection of reasonably accessible areas of the Proporiy or are known to Braker: (vi) Shalt not be responsible for inspecting public records or
permits concerning the lllfo or use of Property; (vitt Shall not be responsible for identifying the location of boundary lines or other Items affecting tido;
(viii) Shall not be responsible for volt Ing square oatago, representollons of others or information contained in Invpstigation reports, Multiple Listing
Service, advertisements, flyers or othor promollonal materiah it Shall not be responsible for providing legal or tax advice regarding any aspect of a
transaction entered into by Buyer or Seller, and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge.
education and experience required 10 perform real estate kcensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other
desired assistance from appropriate professionals.
By signing below, Buyer and Soller each acknowledge that
this vieory, Byer ad to rogd it carefully.
(f�1 03 08 2023
Buyer Signature Date
Irar southern
Seller Signature Date
City of San Juan Capistrano
they have read, understand, accept and have received a Copy of
Buyer Signature Date
Seller Signature Date
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C A.R.1. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEOUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL
This loon Is available lot USO by the entire 1041 estate Industry. II is not intended to identify the user as a REALTOR®. REALTORS is a registered collective memberShtp mark
which may be used only by membom of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics
r IruOkSnBd and lunrwed by r.
„ REAL ESTATE BUSINESS SERVICES. INC Reviewed by Date rauurausnc
a aubaderyof the CaHw14 As9owkw ofREALTORSO o►rowrvrutr
c . 525 SOLM Vagi Avenue. to$ Arrgefe& C000rma 9W201BIA-A REVISED 10102 (PAGE 2 OF 2) BUYER'S INSPECTION ADVISORY (BIA-A PAGE 2 OF 2) 27762 OtcEa
'c: A I. I F o It N I A WOOD DESTROYING PEST INSPECTION AND
• A s s O c: I A T I O N ALLOCATION OF COST ADDENDUM
• F It E A L T O R S" (C.A.R. Form WPA, Revised 11/12)
Vol
This is an addendum to the ® California Residential Purchase Agreement or 0 Other
("Agreement"), dated March 8. 2013
on property known as 27762 orteaa WahTray, San Juan Capistrano, CA 92675
("Property"},
between Ivan Southern, ("Buyer"),
and City of San Juan Capistrano, ("Seller").
1. Unless otherwise specified, the Agreement permits the Buyer to inspect the property and investigate its condition. One
of the inspections the Buyer may obtain is for wood destroying pests and organisms "Wood Pest Report". Whether
obtained and paid for by Buyer or Seller, Buyer's review and approval of a Wood Pest Report would generally be
covered by the inspection contingency of the Agreement. Before Buyer removes or waives the inspection contingency,
or other contingency specifically related to a Wood Pest Report. Buyer may cancel the Agreement if dissatisfied with the
condition described in the Wood Pest Report, even if this Wood Pest Addendum is not made part of the Agreement.
2. A. The Wood Pest Report shall be paid for and prepared as specified in the Agreement, or if checked, 0 Buyer ® Seller
shall pay for a Wood Pest Report prepared by , a
registered Structural Pest Control company.
B. The Wood Pest Report shall cover the main building and attached structures and, if checked: O detached garages
and carports, O detached decks, 0 the following other structures on the Property:
. The Wood Pest Report shall not include roof coverings. If the Property is
a unit in a condominium or other common interest subdivision, the Wood Pest Report shall include only the separate
interest and any exclusive -use areas being transferred, and shall not include common areas. Water tests of shower
pans on upper level units may not be performed unless the owners of property below the shower consent.
C. The Wood Pest Report shall be separated into sections for evident infestation or infection (Section 1) and for
conditions likely to lead to infestation or infection (Section 2).
(1) (Section 1)p Buyer ® Seller shall pay for work recommended to correct "Section 1" conditions described in the
Wood Pest Report and the cost of inspection, entry and closing of those inaccessible areas where active infestation
or infection is discovered.
(2) (Section 2)0 Buyer 0 Seller shall pay for work recommended to correct "Section 2" conditions described in the
Wood Pest Report if requested by Buyer.
D. If the Wood Pest Report identifies inaccessible areas, and Buyer requests inspection of those inaccessible areas, the
person identified in C1 shall pay for the cost of entry, inspection and closing of only those inaccessible areas where
Section 1 conditions are discovered and Buyer shall pay for the cost of entry, inspection and closing of all other
inaccessible areas.
E. Seller shall Deliver to Buyer, prior to Close Of Escrow, with a written pest control certification ("Certification") showing
that no infestation or infection is found or that required corrective work is completed. If paragraph 2A does not refer
to a specific registered Structural Pest Control company and Seller obtains more than one Wood Pest Report
pursuant to this Addendum, Seller may choose which Wood Pest Report to use as the basis of the Certification
provided that Seller Delivers to Buyer all Wood Pest Reports obtained by Seller before Buyer removes any
contingency for Wood Pest inspection.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this
Addendum.
Dale March 8 2013
Buyer4zoz,,���
Ivar Southern
Buyer
Date
Seller
City of San Juan Capistrano
Seller
The eopynghl laws of the United States (Title 17 U S, Code) forbid the unauthorized repioduelton of this form. of any portion thereof, by photocopy maGune or any other means.
Including facsimile at computerized formals Copyrtghl 0 2012, CALIFORNIA ASSOCIATION OF REALTORS®. INC. ALL RIGHTS RESERVED
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C A.R) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEOUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry. It is not intended to Identify the user as a REALTORS. REALTORS Is a registered coiWave membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSBwho subscribe to its Code of Ethics.
" Pat!4he0 and Darr XdW br:' 121
„ REAL ESTATE BUSINESS SERVICES. INC
a uft dory d Vie Wawa Amawfan Of REAL TORSO Renewed Dale iAi`"0V"r
c . 525 S" Ver,1 Avenue. Las Aripw. Www w 90070 by e.xarwr
WPA REVISED 11112 (PAGE 1 OF 1)
WOOD DESTROYING PEST INSPECTION AND ALLOCATION OF COST ADDENDUM (WPA PAGE 1 OF 1)
Agent: Rosalinda Hernandez Phone: 949.661.7300 Fax: 949.487.6117 Prepared using zipFormg software
Broker: Ro1Max Encore 31931 Camino Capistrano Suite 6 San Juan Caplatrano , CA 92675
CA L I FO It N I A DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
SASSOCIATION (Selling Finn to Buyer)
wir OF It E .A L T O R S x (As required by the Civil Code)
(C.A.R. Form AD, Revised 11112)
❑ (If checked) This form is being provided in connection with a transaction for a leaseholder interest in a dwelling exceeding one year as per Civil Code
section 2079.130) and (1).
When you enter Into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency
relationship or representation you wish to have with the agent In the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller ads as the agent for the Seller only. A Sellers agent or a subagent of that agent has the
following affirmative obligations:
To the Seller. A Fiduciary duty of utmost care, Integrity, honesty and loyalty In dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care In performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all fads known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of, the parties. An agent Is not obligated to reveal to either party any confidential information obtained from the
other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A selling agent can, with a Buyers consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Sailers agent, even if by
agreement the agent may receive compensation for services rendered, either In full or in part from the Setter. An agent acting only for a Buyer has the
following affirmative obligations:
To the Buyer. A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Setter.
(a) Diligent exercise of reasonable skill and care In performance of the agent's duties.
(b) A duty of honest and felt dealing and good faith.
(c) A duty to disclose all fads known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of, the parties.
An agent Is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent. either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer.
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Setter and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller
will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.
The above duties of the agent In a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You
should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read
its contents each lime it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This
disclosure form Includes the provisions of Sections 2079.13 to 2079.24, Inclusive, of the Civil Code set forth on page 2. Read it carefully. ME
ACKNOWLEDGE RECEIPT OF A COPY OF THIS D SCLOSURE ND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A
SEPARATE PAGE).
® _7�
Buyer ❑ Seger ❑ Landlord ❑ Tenant / Date 03109/2013
Ivan soumern
® Buyer ❑ Seiler ❑ Landlord ❑ Tenant
Agent
By
DRE Lie. #
k Hernandez
ORE Lic. p,
Date
Date
Agency disclosure Compliance (Civil Code §2079.14):
e When the listing brokerage company also represents BuyeriTenant: The Listing Agent shall have one AD form signed by SelledLandloid and a
different AD form signed by BuyerfTenant.
• When Seller/Landlord and Buyeirrenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by
SelledLandlord and (1I) the Buyer's/Tenant's Agent shall have one AD torn signed by BuyerfTenant and either that same or a different AD form
presented to Seller/Landlord for signature prior to presentation of the offer. If the some form Is used, Seller may sign here:
Seller/Landlord Date Seller/Landlord Date
City of San Juan Capiabsano
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form, or any portion thereof, by photocopy
machine or any other means, Including facsimile or computerized formats. '
Copyright 0 1991-2010. CALIFORNIA ASSOCIATION OF REALTORSS, INC.
ALL RIGHTS RESERVED. Ravlowed by _ Dare
AD REVISED 11112 (PAGE 1 OF 2) °P0"vim
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2)
Agent: Rosalinda Hernandez Phone: 949.661.7300 Fax: 949.487.6117 Prepared using zipFormO software
Broker: ReMax Encore 31931 Camino Capistrano Suite 0 San Juan Capistrano , CA 92675
CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS ON THE FRONT]
2079.13 As rased In Sections 2079.14 to 3079.24. Inclushre, the fallowing tonna have the following meanings:
!a) •Agent* mean a pawn acting under provisions of lift 9 (commencing with Seddon 2295) In a real property transaction, and bdudes a person who Is
naad as a real estate broker under Chapter 3 (oommencN with Sedlorh 10130) of part 1 of Dlvislon 4 of the Business and Professions Code and under
whose Uoenes a wing is wmaftd or an Offer to purchase is obtained. (b) "Associate licenses' means a person who Is licensed as a real carve broker or
salesperson under Chapter 34commencing with Section 10130) of P 1 of Division 4 of the Sustness and Profeaabns Code and Who Is ebb ecansed
under a broker or has entered Mo a writion contrad with a broker to act as the broker's agent In connection with acts requiring a real estate loans@ and to
function under the broker's supervialon In the eapad�y of an aeaedato loereee. The @gam M tit@ roar property trarwadion bears responsibility far his of hot
ssacdate licensees who dorm as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a
LAndpal, In a real propedy transaction, that duty Is equivalent to the d awed to that pa by the broker br whom the associate ncensee fundlons. (c)
Buyer' means a transferee in areal property tranaactlon and Indudes duty
who executes an offer to purchase real =from a seller through an
agent. or who seeks the somloss of an agent In more tali; a casual, bartsKCry, or prellmdnerdy manner, with the object of ertferirrg Into areal Propee
transaction. "Buyer dudes vendee or lessee. ( `Dual means an enc acting. anther directly or through an essodetie 100A34% as agent far
the eerier and the boyar In a real property n. (e) �9 agresn[eM' means a contract bshaeen an owner of real and an agent, by which
Me egent has been authorized to a n the real property or to find or obtain a buyer. M "LisUno agent'' means a person �a Mined a ming of reel
�y to set ore an agent far compensation. (91�'�uaung Prios" is the amount expressed in daSfers specttfed En the [feting far which the sefier is willing to aeU
the rest properq► through the Noting =�enL {h) "Of[erinj plica" is the amount sgrss ed In dollars specified In an offer to purchase for which the buyer Is
willrr9 to btu the real property. (1) "Ot[er to purchase means a written contract executed by a buyer acing through a selling s t which becomes the
ooMrsct for the eats of the meal prop�y upon ecce nos by the seller. (j) "Real property" means any estate spediied by subdivlabn () or (2) of Section
781 In properly which constitutes or lalmproved one to four dwelling unk.alaw
easehok! In this type of propeRy exoeed[rtg one ac's duration and
rrable homes, when offered for sale of sold through an agent pureusnt to the acontained in Seddon 10131.8 of the Business an Professions tea.
(k) "Real property tranaacOW means a transaction far the sale of real propertyh an agent Is employed by one or more of the prindpals to ad in that
rtaactian, and and ides a Ustfag or an offer to purchase. (q'&a1i,' "sale. or'�sW refers to a transaction far the transfer of real property from the setter to
the buyer. and exchanges of real property between the seller and buyer, transaction br the creation of areal property sates contract W" the
me�of Section 2985. and transactlons far the creation of a leasehold exceeding one years durafloo. (m) "Seller' means the hansferor to areal property
pa n. and Includes an owner who No real props? with an agent. whether or not a transfer results. or who receives an offer to rehaae real property
of which he or she le the owner from an agent on behalf of another. "Seller' Includes both a vendor and a lessor. (n) "Selling a en1" means a Us" agent
who ads alone, or an agent who ads in cooperation with a Ust&ng sgeM, and who sells or finds and obtalas a buyer for the real property, or onat who
locates Party far a buyer or who finds a buyer br a property for which no listing exists and presents an offer to purchase to the seQQor. io) "$trafsr►tut Y
means a person to whom an agent delegates agency Rowers as provided in Article 6 (commend ng with Section 2349) of Chapter 1 of Title 9. However,
A doss not Include an assodateZloer>seewho la acting the supenEsiorh ofan agent In a real fly trsnsadlon
2078.74 Llslirt agents and sefMg a ants shall provide the seller and buyer M a real propeRy transaction a copy of the disclosuie form speclfied In
Seddon 2079.8, and. ehooept as In subdhdalan ( , shall obtain a signed adurowledgement of receipt from that all" or buyer. jrros as pmvkted
In Ibis section Or Section 20791 as follows: (a) The l spa If any shell provide the dtsdosurs binto the sellar prior to eMerlho � the listing
ble pdo
(b Thea agent ple ythe She ed the ridwith a oW of the disclosure form P red d to the r the solUngns as won as temay to rttshed to�th)e re (andthe er offer lling Mont d not
'
unless the se
deal on a fscedo-faos Web with �yy ag gement of
reeelpt Obtained for the soft agent from the Bele by the Dating agent, or tfhe seUing agent may deliver the disclosure fame by certified met addressed to
the Seiler at his or her last known address In witch Go no signed aduhowledgeeent of receipt Is Bred. (d) The selling agent shell provide the
diadoaure form to the buyer as soon as racticable prior to eooecutiorh of the buyers offer to purchaea, exoaV71 it the offer to purchase Is not prepared by
the sef@r>8 agent. the selling agent shell present Ile disclosure form to the buyer not law than the next business day after the selling agent receives the
oft to-purchass from the buyer.
2979.16 to any drournstance In winch the eager or buyer refines to sign an �pement of receipt pursuant to Section 2079.1;4, the agent, or an
assoelete licensee acting for an agent, shall set bdh, sEgn, and date a w�n declaration the fads of the refusal.
2079.16 Reproduced an Page 1 of this AD form. i
2079.17a) As soon as cftble, the selling agent shell disclose to the buyer and salter whether the selling agent Is acting In the real property trams n
exclualve as the buyer saagent excEusMely as the seliers agent, or as a dual agent representing both the buyer and the setter. This r�IsUonahlp shall be
eonflnnsdlh the contract to purchase and cell real Property orlo a separate writing executed of adunowtedged by the allot. the buyer, and the aaAinngg agent
g�or to oT eoirhddent wfth eoeartion of that contract by the buyer and the seller. respectively. (b)} As soon as practicable, the Uatlsg agdM ahall dfsdose to
the setter whether the listing agent le stung In the roof property transaction eokduadvety as the sellers agent, Or es a dual agent rating bath the ber
and seller. This relationship shall be confirmed In the contract to purchase and sell real property of In a separate writing or acknowledged by the
setter and tie Ustinp agent prior to or cobaddentwfth the execution of that contract by the seller.
(c) The confirmation regaled by subdivisions (a) and (b) shall be In the following form.
_ (DO NOT COMPLETE, SAMPLE ONLY) is the agent of (check one): O the seller exclusively; or O both the buyer and seller.
oma of 1765V ARM
(DO NOT SAMPLE ONLY) is the agent of (Check one): O the buyer exetuatvelr, Or 0 the seller excluedvary. or
N—M of 5014 ADM ff not kite aaae a the APM 0 both the buyer and agar. ;
WdW doswn and confirmation regkklred by this section shall be In addition to the disclosure required by Section 2079.14.
9 No aging agent In areal property transaction may act as an agent for the buyer only, when the soling agent Is also actikkg as the fisting agent in
the transaction.
2979.19 The oayment of compensation or the obligation to pay campensefion to an agent by the seller or buyer Is not necessarily detormdnative Of a
Oft et
In this
(gent a
ishtp between an agent and the se or buyer. A list agent and a selling agent may agree to share any compe mmun Or
right to any oomft per o� t commission for
*hIch aar re n obbWon arises as the reauft of a feel estate transaction, and the terms of
article prevents an agent from seisdMg, as a conditim of the 8-9011113 empfa Ment. a specific Inn of ageincy relationship not
lids adds If the rsqulfemerds of Section 3079.14 arid Section 2079.17 are compiled with. I
all not disclose to the buyer that the seller b wvUUn9 to eel the property at a price less then the IlstinO price iwltieut the express
her. A dual agent shall not disclose to the seller that the buyer is willing to ppaay a price greater than the Ofber�rkg price without the
of the buyer. This section does not atter in any way the duty or responaibildy of a dual agent to any principal with respect to
that than Mos.
hrtlde procludes a noting agent from also being a selling agent, and the combination of these functiarw In one agent does not. of
ad which is the object of theSOW w
207934 Nothing to Ods artidsSW bs
"bageum
a oveerrneddby tt�i article of � any
andwent may be modified or altered to dump the agency relationship at arty tine before the pedonnanoe Of the
the wrfltan consent of the parfles to the agency relatiormo.
hretnke0 to efther db11lrrleh the duty of disdosure owed buyers and sellers by agents and their associate Il mnaeft
aa� of ari dutedary duty @duty o dlsdo enta, and employees from IMINty for their conduct in connection with
� Pr�Red and OisbOtrked hr.
RM ESTATE SIrt1 N S! AwkCES, arc.
. W680 VgJArWA1WA1P%S.Cu6lcmo90000
AD REVISED 1182 (PAGE 2 OF 2) ROVWNed by — 09e
DISCLOSURE REGARDING REAL. ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) 27762Okega
CALIFORNIA DISCLOSURE AND CONSENT FOR
ASSOCIATION REPRESENTATION OF MORE THAN ONE
OF REALTORS'' BUYER OR SELLER
(C.A.R. Form DA, 11r0s)
A real estate broker, whether a corporation, partnership or sole proprietorship, ("Broker') may represent more than one
buyer or seller provided the Broker has made a disclosure and the principals have given their consent. This multiple
representation can occur through an individual licensed as a broker or through different associate licensees acting for the
Broker. The associates licensees may be working out of the same or different office locations.
Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time.
These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may
be listed with Broker and some may not. Broker will not limit Or restrict any particular buyer from making an offer on any
particular property whether or not Broker represents other buyers interested In the same property.
Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result.
Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same
prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers
may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether
or not Braker has another or other listed properties that may appeal to the same prospective buyers.
Buyer and Seller understand that Broker may represent more than one buyer or seller and even both buyer and seller on
the same transaction
If Seller is represented by Broker, Seller acknowledges that Broker may represent prospective buyers of Seller's property
and consents to Broker acting as a dual agent for both Seller and Buyer in that transaction.
If Buyer is represented by Broker. Buyer acknowledges that Broker may represent sellers of property that Buyer is
interested in acquiring and consents to Broker acting as a dual agent for both Buyer and Seller with regard to that property.
In the event of dual agency, Seller and Buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not
disclose to Seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written
consent of the Seller, will not disclose to the Buyer that Seller is willing to sell property at a price less than the listing price;
and (c) other than as set forth in (a) and (b) above, a Dual Agent is obligated to disclose known facts materially affecting
the value or desirability of the property to both parties,
NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence, terms, or
conditions of Buyers offer unless all parties and their agent have signed a written confidentiality agreement. Whether any
such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice
in the real estate community. the Listing Agent's marketing strategy and the instructions of the Seller.
Seller andlor Buyer acknowledges reading and understanding this Disclosure and Consent for Representation of
More than One Buyer or/'^potter and ag s to thceLd�ual-agarLgy\possibility disclosed.
❑ Seller x❑ Buyer /�r %7� Dale 03/09/2013
ivar Southern
❑ Seller ❑ Buyer
Date
Real Estate Broker (Firm) Re/Max Encore Dale 03/00/2013
By Rosalinda Hernandez
Rn wpyrNN rawOdl Ne undo enlee (Teo 17 U.S. Codd) need the unaulhoaree reveOuuien of IBM farm, W any Potion Uwreot by phdlowpy mxchew or any onwr mean.
IM, dmg f.MYb or.pI mad lamab O R.ghW 1991-2000. CAUFORNIA ASSOCIATION OF nMTORM. INC. ALL RIGHTS RESERVED
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORM (C A R 1 NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL
TNS brill IS Bvdlbale IP' bse by N08nWe (001 esUiOlnduaVy. II Is nbl OWndO W 4WIdy IM uwr as a REALTOR® REALTORL e a re,mene WIMPI memeers rp TFe
whenmaywusedoN trymembersof,"NATIONALASSOCIATIONOFRF LTORSflwnd SubevrbbbIn CodeWElh,.
PuaeneF:Ne a.bmulndy
PEALESLI' P93111EBSsERVICEB IIIc
e ROSmsYdePGYbra<ssawblldk64lOHR Ion.CE by pale
s, DB Sam Vu2s Arellue, los Aorbr CAI—E- 29
DA 11106 (PAGE 1 OF 1)
REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (DA PAGE 1 OF 1)