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California Residential Purchase Agreement

A California residential purchase agreement is a contract used by a buyer who agrees to purchase real estate from a seller for an agreed-upon sales price. The agreement must include all terms and contingencies related to the sale. Once signed by both parties, it becomes legally binding.
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Updated June 12, 2025

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State Laws

Termination Right – If a buyer does not receive all the required disclosures prior to the sale, they have three days to terminate their agreement (or five days from the date of mailing) by delivering notice to the seller or seller’s agent.[1]

Non-Material Facts – The seller is not required to disclose information about any deaths that occurred on the property more than three years prior. However, if the buyer asks the seller directly, the seller must not make an “intentional misrepresentation” of the facts.[2]

Seller’s Disclosures (13)

Environmental Hazards Pamphlet (required)- The buyer must receive a copy.[3]

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Death on Premises (conditional)– A landlord must disclose to a prospective buyer if a death occurred in the unit less than three years before the buyer offers to purchase the unit.[4]

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Homeowner’s Guide to Earthquake Safety (required)- Required to be given to the buyer.[5]

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Lead-Based Paint Disclosure (conditional) – Must accompany any purchase agreement about the sale of a property built before 1978.[6]

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Lead-Based Paint Pamphlet (conditional) – Gives general information about lead-based paint for properties built before 1978.[7]

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Local Option Real Estate Transfer Statement (conditional) – Only complete if local jurisdiction requires it.[8]

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Megan’s Law (required) – The buyer must be provided with the necessary information to search the surrounding area for sex offenders.[9]

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Natural Hazard Disclosure Statement (conditional) – Seller must complete if the property is near any natural hazardous area.[10]

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Real Estate Tax Disclosure (required) – The following must be included in the agreement in 12-point font and a 14-point font title:[11]

Notice of Your ‘Supplemental’ Property Tax Bill

California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes.

The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any question concerning this matter, please call your local Tax Collector’s Office.
Transfer Disclosure Statement (TDS) (required) – Specific form required by law to be completed by the seller of a residential property.[12]

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Water Heater and Smoke Detector Compliance (conditional) – If the property has a water heater and/or the house was built on or after 1986, this form must be provided to the buyer to certify compliance.[13][14]

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Water-Conserving Fixtures and Detector Notice (conditional) – To inform the buyer about water-conserving fixtures that need to be replaced in new construction and the status of carbon monoxide detectors.[15]

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Wood Destroying Pests and Organisms Inspection Report (optional) – To be given to the buyer after the inspection is complete.[16]

 

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Sample

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