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�ropeny.�hdresst� �— 19
<br /> 18.+ADDITIONAt:TERMS AND CONDITIONS:
<br /> .ONLY THE FOLLOWING PARAGRAPHS W THROUGH'E'WHEN INITIALLED By BOTH BUYER AND 5EL4ER ARE INCORPORATED IN THIS AGREEMENT.
<br /> a 'Buyer's Initials `Seller's Initials -
<br /> _ A.PHYSICAL AND GEOLOGIC INSPECTION:Buyer shall have the right,at Buyer's expense,to select an inspecfor(s),
<br /> to make"Inspections"(including tests,surveys,and other studies)of the Property,including but not limited to structural,plumbing,sewerlseptic,well,heating,
<br /> I air conditioning,electrical,and mechanical systems,built-in appliances,roof,soil,foundation,poollspa and related equipment,possible environmental hazards
<br /> (such as asbestos,'formaldehyde.radon gas,lead-based paint,fuel or chemical storage tanks,hazardous waste,and other substances,materials or products),
<br /> geologic conditions,location of property lines,sizelsquare footage of the real property and improvements,and waterlutility use restrictions.Seller shall make the
<br /> Property available for all Inspections.Buyer shall keep the Property free and clear of liens,shall indemnify and hold Seller harmless from all liability,claims,demands,
<br /> damages,and costs,and shall repair all damages arising from the Inspections.Buyer shall provide Seller.at no cost,copies of all reports concerning the Property
<br /> obtained by Buyer.Buyer shall provide written notice to Seller of any items disapproved:(1)within calendar days after acceptance of the offer,FOR
<br /> INSPECTIONS OTHER THAN GEOLOGIC, and/or(2)within calendar days after acceptance of the offer, FOR GEOLOGIC INSPECTIONS. READ
<br /> 'PARAGRAPH 19 FOR 1MPORTANTTERMS.(A BOOKLETTITLED"ENVIRONMENTAL HAZARDS:GUIDE FOR HOMEOWNERSAND BUYERS"IS PUBLISHED
<br /> BY THE DEPARTMENT OF HEALTH SERVICES AND THE DEPARTMENT OF HEAL ESTATE.)
<br />' B er' Inllfals S i r'a lm ala
<br /> _ B. CONDITION OF PROPERTY. Seller warrants that on the date possession is made available to Buyer: (1) built-in
<br /> Japnces and plumbing,heatinglair conditioning,electrical,water,sewerlseptic,and poollspa systems,if any,shall be operative;(2)the roof shall be free of known
<br /> (3)all broken or cracked glass shall have been replaced-,(4)all other.items,including landscaping,grounds,and poollspa,if any,shall be maintained in
<br /> the same condition as on the date of acceptanceof the.offer;(5) '
<br /> •Buyer's Fnitlals Seiler's Inilials
<br /> C. PEST CONTROL, (1)Within f calendar days alter acceptance of the offer, Seller shall furnish'Buyer at the
<br /> j expense of ❑:Buyer,'❑ Seller,a current writl8ra'report of inspection by ?} „
<br /> a registered Structural Pest Control Company of the main duilding;i❑detached garages)or carpart(s) tf any and ❑the following other structures on the Property:
<br /> (2)If requested by Buyer or Seller;the report shall separately Identify each recommendation lar corrective work'as follows:
<br /> "Section 1":Infestation or infection which is evlderit , , Section 2":Conditions that are present which are'deemed likely to lead to infestation or infection.
<br /> '(3) If no infestation or infection by wood destroying"pests or organisms Is round,the report shall include a written Certification as provided in Business and Professions
<br /> Code§8519(a)that on the inspection date no evidence of active infestation or infection was found '.".
<br /> ((4) Work recommended to correct conditions described in'Sectlon'l `shall beat the expense of ❑ Buyer, ❑ Seller.
<br /> '':I(5) Work recommended to correct conditions described in'Section 2;'if requested by Buyer,shalt be at the expense of ❑ Buyer,'❑ Seller.
<br /> (6)If inspection of inaccessible areas is recommended in the report,Buyer has the option to accept and approve the report,or within calendar days alter
<br /> receipt of the report to request in writing further inspection be made. BUYER'S FAILURE TO NOTIFY SELLER IN WRITING OF SUCH REQUEST SHALL
<br /> (CONCLUSIVE=LY BECONSIDERED APPROVAL OFTHE REPORT If further inspection recommends"Section 1"and/or"Section 2"corrective work,such work
<br />' shall be at the expense of the respective party designated in subparagraph(4)and/or(5).If no infestation or infection is found,the cost of inspection,entry,and
<br /> ;lclosing of the inaccessible areas shall be at the expense of Buyer.
<br /> i(7) Inspections,corrective work,and certification under this paragraph shall not include roof covering(s).Read paragraph iBA concerning inspection of roof covering(s).
<br /> -(8)'Work shall beperformed with good workmanship and materials of comparable quality and shall include repairer leaking shower stalls and pans,and replacement
<br /> i
<br /> of tiles and other materials removed for repair.It is understood that exact restoration of appearance or cosmetic items following all such work is not included.
<br /> t(9)Work tobe performed at Seller's expense may bo performed bySeller orthrough others,provided that(a)al!required permits and final inspections are obtained;
<br /> :;and(b)upon completion of repairs a written Certification is issued by aFregistered Structural Pest Control Company showing that the inspected property"is now
<br /> free of evidence of active infestation or Infection."
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<br /> '100)Funds forwork agreed to be performed after close of escrow shall be held in escrow and disbursed upon receipt of a written Certification as provided in Business
<br /> and Professions Code§8519th)that the inspected property"is now free of evidence of active infestation or infection:'
<br /> I f(11)O er
<br /> t ,ABuy sl Illals -sal -
<br /> D.LIQUIDATED DAMAGES:Buyer and Seller agree that if Buyer fails to complete this purchase by reason of any
<br /> I
<br /> uyer:( eller shall be released from obligation to sell the Property to Buyer;(2)Sellet shall retain,as liquidated damages for breach
<br /> -of ntract,the deposit actually paid(Buyerand Seller shall execute CAR FORM RIR-11,RECEIPT FOR INCREASED DEPOSIT/LIQUIDATED DAMAGES,
<br /> -!or a similar liquidated damages provision,for any increased deposits). However,the amount retained shall be no more than 3%of the purchase
<br /> price if Property is a dwelling with no more than four units,one of which Buyer intends to occupy as Buyer's residence.Any excess shall be promptly
<br /> returned to Buyer; (3) Seller retains the right to proceed against Buyer tar specific performance or any other claim or remedy Seller may have
<br /> r yin law or equity, other than breath of contract damages. (Funds deposited in trust accounts or in escrow are not released automatically in the
<br /> :'event of a dispute.-Release'of funds requires written agreement of the parties, judicial decision, or arbitration.)
<br /> E.ARBITRATION OF DISPUTES:Any dispute or claim in law or equity arising out of this contract or any resulting
<br /> transaction shall be decided by neutral binding arbitration in accordance with the rules of the American Arbitration Association,and not by court
<br /> action except as provided by California law for judicial review of arbitration proceedings.Judgment upon the award rendered by the arbitrator(s).
<br /> ,may be entered in any court having jurisdiction thereof.The parties shall have the right to discovery in accordance with Code of Civil Procedure
<br /> §1283.85.The following matters are excluded from arbitration hereunder: (a)a judicial or non-judicial foreclosure or other action or proceeding
<br /> to enforce a deed of trust,mortgage,or real property sales contract as defined in Civil Code§2985, (b)an unlawful detainer action, (c)the filing
<br /> or enforcement of a mechanic's lien, (d)any matter which is within the jurisdiction of a probate or small claims court, or(e)an action for bodily
<br /> �mluty or wrongful death,or for latent or patent defects to which Code of Civil Procedure§337.1 or§337.15 applies. The filing of a judicial action
<br /> tn"W ther`Ll rdfn-9-61-notice-at-pending,action,,for.order of.alta(:hme.pi,:ceceivershia,_injunclion,_or other provisional remedies,shalt not
<br /> 'constitute a waiver of the right to arbitrate under this provision. -
<br /> Any dispute or claim by or against broker(s)andfor associate licensee(s)participating in this transaction shall be submitted to arbitration consistent
<br /> ,with the provision above only if the broker(s)and/or associate licensee(s)malting the claim or against whom the claim is made shall have agreed
<br /> lo'submit it to arbitration consistent with this provision.
<br /> "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN
<br /> THE ARBITRATION OF DISPUTES'PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW-AND YOU ARE GIVING
<br /> i UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW
<br /> '•YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY-AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
<br /> 'ARBITRATION OF DISPUTES' PROVISION.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
<br /> COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.YOUR AGREEMENT TO THIS ARBITRATION
<br /> 'PROVISION IS VOLUNTARY."
<br /> "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE:TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE
<br /> `ARBI ATION 0! D ES' PROVISION TO NEUTRAL ARBITRATION."
<br /> `Buye a I al 5eiler's InNisls ,
<br /> Buyer a4d Seller acknowledg a ipt of copy of this page,which constitutes Peg Q_0_1D_ ages. OFFICE USE ONLY
<br /> Buyer's Initials ( ) Seller's Initials I—) { )
<br /> Reviewed by Broker or Designee �
<br /> Date _ raulxnusxo
<br /> DI'MAIUNILY
<br /> BROKER'S COPY M-PM-2/92
<br /> REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT.(DL-14 PAGE 3 OF 4)
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