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Oakdale City Zoning Code

§ 36-30.040

Disclosure Statement.

[Ord. No. 1022, § 5, 1995.]
This disclosure required by this section is set forth herein, and shall be made on a copy of the following disclosure form:
Real Estate Transfer Disclosure Statement.
A. 
Pursuant to Section 1102.6a of the California Civil Code, it is intended by § 36.30 of this chapter to require disclosures in addition to those disclosures required by Section 1102.6 of the California Civil Code.
B. 
Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, improved with or consisting of not less than one (1) nor more than four (4) dwelling units, the transferor shall require that the disclosure statement set forth in Subsection C shall be signed by the purchaser or lessee.
C. 
The disclosure required by Subsection B shall contain, and be in the form of, the following:
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE CITY OF OAKDALE, COUNTY OF STANISLAUS, STATE OF CALIFORNIA, DESCRIBED AS ___________________________________________. THIS DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NUMBER ___________ OF THE CITY CODE AS OF__________________________________. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
I
SELLERS INFORMATION
The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely upon this information in deciding whether and, on what terms to purchase the subject property. Seller hereby authorizes and agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AS REQUIRED BY THE CITY OF OAKDALE AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
THE CITY OF OAKDALE PERMITS OPERATION OF PROPERLY CONDUCTED AGRICULTURAL OPERATIONS WITHIN THE CITY. If your property is adjacent to or near property used for agricultural operations or on agricultural lands, you may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application of spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. The City of Oakdale has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be a nuisance if such operations are consistent with accepted customs and standards. The City of Oakdale has established a grievance committee to assist in the resolution of any disputes which might arise between residents of this City regarding agricultural operations. If you have any questions concerning this policy or the grievance committee, please contact the City of Oakdale Community Development Department.
Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of the date signed by the Seller.
Seller
Date
Seller
Date
II
BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Seller
Date
Buyer
Date
Seller
Date
Buyer
Date
Agent (Broker) Representing
Seller
By
(Associate Licensee or Broker)
Date
Agent (Broker) Obtaining the Offer
Offer
By
(Associate Licensee or Broker)
Date
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
D. 
Forms for the disclosure statement set forth in Subsection C shall be printed and made available to property owners and real estate agents by the City of Oakdale Community Development Department.