For Sale By Owner

For Sale By Owner

Are you selling your own home?  Are you among the ranks of do-it-yourself homeowners who wants to take on such a challenge?

Well, you should be prepared to develop a mountain of disclosures about you home which is required by State of California. From Megan’s Law Database Disclosure to Lead-Based paint the ever changing law requires more and more material information to be disclosed to your buyers and exposes sellers who want to sell their own home to potential suits if they ignored.   Another one of the most recent requirements in Carbon Monoxide Detector law.

The Carbon Monoxide Poisoning Prevention Act was signed into law in 2010.  It requires carbon monoxide detectors installed in every “dwelling unit intended for human occupancy.”   The California legislature also modified both the TDS (for residential one-to-four unit real property) and MHTDS (for manufactured homes and mobile homes) to include a reference to carbon monoxide detector devices.  

So, how will this law affect you?  Glad you asked.  Every owner of a “dwelling unit intended for human occupancy” must install an approved carbon monoxide device in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage.

Here are some FAQ and their answer that should help you comply with this law:

Q: How many devices should you install?  

A: For minimum security, a CO Alarm should be centrally located outside of each separate sleeping area in the immediate vicinity of the bedrooms.  The Alarm should be located at least 6 inches (152mm) from all exterior walls and at least 3 feet (0.9 meters) from supply or return vents.

Q:  re there any penalties for noncompliance with this law? 

A: Yes. A violation is an infraction punishable by a maximum fine of $200 for each offense. However, a property owner must receive a 30-day notice to correct first.  If an owner who receives such a notice fails to correct the problem within the 30-day period, then the owner may be assessed the fine

Q: Can a buyer of a rescind the sale if the home does not have the necessary carbon monoxide detectors?

A: No.  However, the buyer may be entitled to an award of actual damages not to exceed $100 plus court costs and attorney’s fees

So, if you are selling your home by yourself, then at least make certain you have all the disclosures documents developed by a Real Estate agent just in avoid any future headaches.

Contact Us if you have any questions about these disclosures.


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