Sunday, January 23, 2005

Disclosures when selling a property

The Real Estate Transfer Disclosure Statement (TDS) details the condition of a property and must be given to a prospective buyer as soon as practicable before transfer of title (or execution of a lease option, real property sales contract, or ground lease coupled with improvements. If your neighborhood has a nusiance, hazard or any other issue that could potentially affect your property value, generally you need to make full disclosure when you sell your home. "Neighborhood noise problems or other nuisances" is just one of the disclosures a seller must make.

Because of this, one neighborhood in San Clemente has been working together to protect their real estate investment by not allowing a local nuisance to continue. So far, they have been successful at having the Air Quality Management District monitoring the odors at an auto body paint shop and AQMD has issued several citations to the business. The neighbors are making a difference!

Recently, the city denied this request: The City Council this week considers adopting a resolution denying Frank's Auto Collision Center permission to add a roof fan as an odor-abatement system at 2101 S. El Camino Real. The fan, disputed by neighbors, is Frank's response to an order that the South Coast Air Quality Management District issued when neighbors complained about fumes. The council meets at 7 p.m. Tuesday at City Hall, 100 Avenida Presidio.

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