California Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for California transactions, plus a plain-English summary of what California law expects in a residential purchase contract. Free PDF, no signup required.
California Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What California Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for California residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Real Estate Transfer Disclosure Statement (TDS) Verbatim language required
Civ. Code 1102 - 1102.19 (statutory form at 1102.6)
Seller must deliver the statutorily prescribed TDS form; CANNOT be waived in a standard sale ('as is' does not waive); if delivered after offer, buyer may terminate within 3 days (in-person delivery) or 5 days (mail or electronic delivery) per Civ. Code 1102.3.
Applies to: residential 1-4 units (statutory exemptions at 1102.2 include foreclosure/REO, court-ordered, and certain fiduciary transfers)
Natural Hazard Disclosure Statement (NHD) Verbatim language required
Civ. Code 1103 - 1103.4 (statutory form at 1103.2)
Statutory-form disclosure of six hazard zones (special flood hazard area, dam inundation, very high fire hazard severity zone, wildland fire area, earthquake fault zone, seismic hazard zone); customarily fulfilled via third-party NHD report; same 3/5-day termination right if delivered after offer.
Applies to: residential 1-4 units when property lies in any mapped zone (in practice ordered on all CA sales)
Megan's Law Database Notice Verbatim language required
Civ. Code 2079.10a
Every residential 1-4 sale contract must contain the exact statutory sex-offender database notice, in not less than 8-point type; verbatim language required - paraphrase does not comply.
Applies to: all residential 1-4 unit sale contracts entered into on or after April 1, 2006 (also leases)
Supplemental Property Tax Bill Notice Verbatim language required
Civ. Code 1102.6c
Seller or seller's agent must deliver a verbatim supplemental-tax notice; title must be in at least 14-point type (or contrasting color) and body in at least 12-point type (or contrasting color).
Applies to: residential 1-4 unit transactions subject to the Civ. Code 1102 disclosure article
Mello-Roos / Special Assessment Notice
Civ. Code 1102.6b; Gov. Code 53340.2, 53754
Seller must make a good-faith effort to obtain from each district and deliver to buyer a notice of any Mello-Roos community facilities district special tax lien or 1915 Act assessment on the property.
Applies to: residential 1-4 units subject to a Mello-Roos or 1915 Act lien
Flipper Renovation Disclosure (AB 968)
Civ. Code 1102.6h (effective July 1, 2024)
Seller who accepts an offer within 18 months of acquiring title to 1-4 unit residential property must disclose all room additions, structural modifications, alterations or repairs done by a contractor since acquisition, contractor names/contact info (work over $500), and copies of permits or where to obtain them.
Applies to: residential 1-4 units resold within 18 months of seller acquiring title - directly hits investor flips
California Real Estate Withholding (Form 593)
Rev. & Tax. Code 18662
Buyer/escrow must withhold 3 1/3% of gross sales price (or elected gain rate) on ALL California real property sales unless seller certifies an exemption on FTB Form 593; applies to in-state sellers too, not just foreign - plus federal FIRPTA (15%) for foreign sellers.
Applies to: all sales of California real property (exemptions certified on Form 593, e.g., principal residence, loss)
Smoke Alarm and Water Heater Bracing Compliance Statements
Health & Safety Code 13113.8 (smoke alarms); Health & Safety Code 19211 (water heater bracing)
Seller must deliver written certification that the dwelling has compliant smoke alarms and that water heaters are braced, anchored, or strapped per code.
Applies to: all residential (smoke alarm statement: 1-4 units); water heater certification: all real property with a water heater
Earthquake Hazards Booklet and Seismic Disclosures
Gov. Code 8897 et seq.; Civ. Code 2079.8 - 2079.9
For pre-1960 wood-frame 1-4 unit dwellings, seller/agent delivers the Homeowner's Guide to Earthquake Safety with known seismic deficiencies; earthquake fault and seismic hazard zone disclosures are carried on the NHD.
Applies to: pre-1960 wood-frame residential 1-4 units (booklet); mapped zones (NHD)
Lead-Based Paint Disclosure (federal) Verbatim language required
42 U.S.C. 4852d; 24 CFR Part 35 / 40 CFR Part 745
Federal lead disclosure, pamphlet, and 10-day inspection opportunity contract rider for pre-1978 housing.
Applies to: pre-1978 residential
California Closing Practice at a Glance
| Deed convention | Grant deed (implied covenants under Civ. Code 1113); quitclaim used for non-arm's-length transfers; warranty deeds rare in CA practice |
| Transfer tax | Documentary transfer tax (Rev. & Tax. Code 11911): $0.55 per $500 county rate, plus separate city transfer taxes in charter cities (e.g., LA, SF, Oakland - some substantial, incl. LA 'mansion tax' Measure ULA) |
| Customary payer | varies by county - seller customarily pays in most of Southern CA; split or buyer-pays customs exist in some Northern CA counties; city taxes often split; fully negotiable |
| Attorney closing | Attorney not required for a typical closing. Escrow state. Northern CA: title companies typically handle escrow; Southern CA: independent licensed escrow companies common. Attorneys not customary in residential closings. |
| Witness and notary | Deeds require notary acknowledgment to be recorded (Gov. Code 27287; Civ. Code 1189 all-purpose acknowledgment with statutorily prescribed verbatim notary wording). No witnesses required. Preliminary Change of Ownership Report (PCOR) filed with deed to avoid extra recording fee. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed California attorney before use. Read the full disclaimer.
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