The California Termite Report Provision for Contract for the Sale and Purchase of Real Property is an essential component of real estate transactions in the state. This provision outlines the responsibilities of both the buyer and the seller in regard to termite inspections and potential remediation. Under this provision, it is generally the responsibility of the seller to obtain a termite inspection report from a licensed pest control operator before selling the property. The report details any visible evidence of termite infestation or damage, as well as conditions conducive to termite infestation. The report is typically prepared using industry-recognized forms, such as the California Pest Control Association (CPA) form. The provision requires the seller to provide the termite report to the buyer within a specified timeframe, typically before the close of escrow. The buyer then has the opportunity to review the report and, if desired, negotiate with the seller for any necessary repairs or treatments. The provision typically also states that the seller shall pay for any Section 1 items, which refer to items requiring immediate attention due to active infestation, damage, or conditions conducive to termite infestation. It's important to note that there can be different types or variations of the California Termite Report Provision for Contract for the Sale and Purchase of Real Property depending on the specific circumstances or agreements between the parties involved. Some common variations may include: 1. Optional Termite Inspection: In certain cases, the provision may allow for a termite inspection to be optional, meaning the seller is not obligated to obtain a termite report, and the buyer may choose to waive their right to request one. This variation is more common in situations where the property is being sold "as-is." 2. Seller Clearance: Another variation of the provision may require the seller to obtain a termite clearance, indicating that the property is free from both active termite infestation and damage. This additional step provides an extra level of assurance for buyers. 3. Transfer Responsibility: In some instances, the provision may shift the responsibility of obtaining the termite report to the buyer. This may occur when the property is being sold "as-is" or under specific contractual arrangements. The California Termite Report Provision for Contract for the Sale and Purchase of Real Property is crucial in protecting both buyers and sellers in real estate transactions. It ensures transparency and allows for negotiations to address any potential termite-related issues. It is advisable for both parties to thoroughly review and understand the terms and conditions of the provision before finalizing the sale or purchase of real property in California.