National Academies Press: OpenBook

Fair Disclosure and Airport Impact Statements in Real Estate Transfers (2012)

Chapter: APPENDIX E: SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT

« Previous: APPENDIX D: SAMPLE AIRPORT DISCLOSURE STATEMENT
Page 56
Suggested Citation:"APPENDIX E: SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT." National Academies of Sciences, Engineering, and Medicine. 2012. Fair Disclosure and Airport Impact Statements in Real Estate Transfers. Washington, DC: The National Academies Press. doi: 10.17226/14604.
×
Page 56
Page 57
Suggested Citation:"APPENDIX E: SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT." National Academies of Sciences, Engineering, and Medicine. 2012. Fair Disclosure and Airport Impact Statements in Real Estate Transfers. Washington, DC: The National Academies Press. doi: 10.17226/14604.
×
Page 57
Page 58
Suggested Citation:"APPENDIX E: SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT." National Academies of Sciences, Engineering, and Medicine. 2012. Fair Disclosure and Airport Impact Statements in Real Estate Transfers. Washington, DC: The National Academies Press. doi: 10.17226/14604.
×
Page 58

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

57 APPENDIX E SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT REGARDING AIRPORT NOISE, FOR THE CITIES OF PACIFICA, SOUTH SAN FRANCISCO, SAN BRUNO, AND MILLBRAE THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF , COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. OF THE CITY OR COUNTY 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 on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any 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(S) AS REQUIRED BY THE CITY OF OR COUNTY OF SAN MATEO 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. 1. San Francisco International Airport is the fifth largest airport by volume in the United States and the seventh largest by volume in the world. 2. The property is subject to noise from aircraft overflight. 3A. Per Pacifica Ordinance No. 619-C.S., at its closest point is located 2.5 miles from San Francisco International Airport and its closest point, the 1983 CNEL contour area is 4.1 miles from San Francisco International Airport. 3B. Per South San Francisco Ordinance No. 1289-2001 San Francisco International Airport is within 3.75 miles of all residential property in South San Francisco. 3C. Per San Bruno Ordinance No. 1646, at their closest point, dwelling units in the City of

58 San Bruno are located approximately 0.25 miles from the San Francisco International Airport's outer perimeter of its developed area. At their farthest point, dwelling units within San Bruno are located approximately 4.0 miles from the San Francisco International Airport's outer perimeter of its developed area. 4. After January 1, 1993, if the subject property is constructed or reconstructed after its total or partial destruction, or if it is reconstructed or renovated at a cost equal to 25% or more of the current market value of the home, it must be insulated against aircraft noise to meet FAA noise insulation program standards, as required by amendments to the local building codes. 5. If the subject property has already received noise insulation pursuant to the FAA Noise Insulation Program, the owner may not deliberately or willfully act to reduce or destroy the effectiveness of the noise mitigation measures. 6. The attached maps for each above mentioned city outline the 1983 65 CNEL Noise Contour. The city ordinances require that these specific maps are made part of the disclosure. Additional information may be obtained from resources including, but not limited to the following Aircraft Noise Insulation offices: City of Pacifica Aircraft Noise Insulation Office: 170 Santa Maria Avenue, Pacifica, CA, 94044, (650) 738-7341 City of San Bruno Aircraft Noise Insulation Project: 881 W. San Bruno Avenue, San Bruno, CA, 94066, (650) 877-8689 City of South San Francisco Aircraft Noise Insulation Project: 2850 Galway, South San Francisco, CA, 94080, (650) 877-8600 County of San Mateo Aircraft Noise Insulation Office: 455 County Center, Second Floor, Redwood City, CA, 94063, (650) 363-4417 The San Francisco International Airport's website www.flyquietsfo.com will allow you to locate your property relative to the 65 CNEL Noise Contour. ❏ If this box is checked, the subject property falls within the Aircraft Noise Footprint based on the FAA 1983 CNEL Noise Exposure Map. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date

59 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 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 Date (Associate Licensee or Broker-Signature) Agent (Broker Obtaining the Offer) By Date (Associate Licensee or Broker-Signature) A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

Next: APPENDIX F: TYPICAL AIRPORT FAIR DISCLOSURE ACT PROVISIONS »
Fair Disclosure and Airport Impact Statements in Real Estate Transfers Get This Book
×
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s Airport Cooperative Research Program (ACRP) Legal Research Digest 12: Fair Disclosure and Airport Impact Statements in Real Estate Transfers examines the effect of a state or locality having no real property disclosure laws, explores existing general state real property disclosure laws, and discusses existing state real property disclosure laws specifically requiring the disclosure of airports in close proximity to the property being offered for sale.

The report also highlights annotated typical fair real property disclosure law provisions including provisions considered important for effective fair disclosure of airport-related impacts.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!