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California · Codes and the RPACalifornia real estate closing laws: a checklist for transaction coordinators

A California resale usually runs on the C.A.R. Residential Purchase Agreement, plus a long list of statutory disclosures. In the order a transaction meets them: the buyer-broker representation agreement must be signed no later than the buyer's offer and last no more than three months (Civil Code §1670.50). Contract timing under the RPA: the deposit within 3 business days, seller documents within 7 days, contingencies at 17 days by default, and final verification of condition 5 days before close of escrow. Disclosures: the Transfer Disclosure Statement (§1102) and the Natural Hazard Disclosure Statement (§§1103–1103.7), with the buyer's right to terminate within 3 days after late delivery in person or 5 days by mail or electronically; the Megan's Law database notice in every contract (§2079.10a); the smoke alarm and water heater statement and carbon monoxide devices (Health and Safety Code §§13113.8, 17926); water-conserving fixtures (§1101.4); a Mello-Roos or 1915 Act notice where the home is in a district (§1102.6b); and the brokers' visual inspection duty for one-to-four unit homes (§2079). A death on the property more than three years before the offer need not be disclosed, but a more recent one may be material (§1710.2). Associations: the seller provides the Davis-Stirling documents, and the association has 10 days to deliver them after a written request (§§4525, 4530). Money: escrow withholds 3⅓% of the price, or an elected amount on the gain, from sellers unless an exemption is certified, such as a principal residence or a loss. After closing, the assessor sets a new base-year value and sends supplemental tax bills (Revenue and Taxation Code §§75.10, 75.11). Probate sales with court confirmation have their own minimum price and overbid rules (Probate Code §§10309, 10311).

Offer and contract

  1. 1. Buyer agreement (§1670.50)

    Signed by the offer; three months at most; no automatic renewal.

  2. 2. RPA timing

    Deposit 3 business days, seller documents 7 days, contingencies 17 days, final verification 5 days before COE.

  3. 3. TDS and NHD

    3 days (in person) or 5 days (mail/electronic) to terminate after late delivery.

Disclosures and money

  1. Statements

    Smoke/CO/water heater, water-conserving fixtures, Megan's Law notice, Mello-Roos notice.

  2. HOA

    Davis-Stirling documents; association has 10 days after a written request.

  3. Withholding

    3⅓% of the price unless an exemption is certified.

  4. After closing

    New base-year value and supplemental tax bills.

Questions about California closings

When must a California buyer sign a buyer representation agreement?

No later than the buyer's offer; it can last at most three months and can't renew automatically (Civil Code §1670.50).

Can a California buyer cancel after a late TDS?

Yes, within 3 days after delivery in person or 5 days after delivery by mail or electronically (Civil Code §1102.3).

How much does California withhold on a home sale?

3⅓% of the sales price, or an elected amount on the gain, unless the seller certifies an exemption such as a principal residence or a loss.

ClosingCode adds California's standard documents – TDS, NHD, the smoke/CO and water heater statement, the Mello-Roos notice and more – to each California deal.

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Sources: California Civil Code §§1101.4, 1102, 1102.6b, 1103, 1670.50, 1710.2, 2079, 2079.10a, 4525, 4530; Health and Safety Code §§13113.8, 17926; Revenue and Taxation Code §§75.10, 75.11; Probate Code §§10309, 10311; C.A.R. RPA (as read for the linked guides).

General information, not legal advice. Each point links to the guide with the details; the dates in your own contract decide. ClosingCode is software; it is not a law firm or escrow company. This guide is not a substitute for the advice or services of an attorney.