San Jose California Purchase or Sale of Real Property - Land or Lot - Questionnaire

State:
Multi-State
City:
San Jose
Control #:
US-Q1036
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a lot or land sale matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


San Jose California Purchase or Sale of Real Property — Land or Lo— - Questionnaire is a comprehensive document designed to gather essential information related to the purchase or sale of real property in San Jose, California. This questionnaire is crucial for both buyers and sellers as it helps ensure a transparent and smooth transaction process. Here are some of the key elements typically included in this questionnaire: 1. Personal Information: Collects personal details of the buyer and seller, such as names, addresses, contact information, and legal identification. 2. Property Details: Requests information about the land or lot being bought or sold, including address, APN (Assessor's Parcel Number), lot size, legal description, zoning information, and any existing structures or improvements on the property. 3. Title and Ownership: Inquires about the current titleholder(s) of the property, including any co-owners or joint tenants. Also, investigates potential liens, encumbrances, or easements on the property. 4. Purchase/Sale Agreement: Includes questions related to the terms of the agreement, purchase price, down payment, financing arrangements, closing date, and any contingencies. 5. Disclosures: Addresses disclosures required by law, such as lead-based paint, earthquake hazard zones, environmental hazards, or special assessments. 6. Due Diligence: Asks for information related to property inspections, survey reports, zoning restrictions, land use permits, building permits, or any ongoing legal disputes involving the property. 7. Financing and Insurance: Gathers data on the buyer's financing arrangements, mortgage details, loan type, insurance coverage, and the name of the lender or insurance provider. 8. Seller's Representations and Warranties: Requires the seller to provide accurate and truthful information about the property's condition, any known defects, past repairs or renovations, and any ongoing maintenance issues. Types of San Jose California Purchase or Sale of Real Property — Land or Lo— - Questionnaire: 1. Residential Property Questionnaire: Specifically designed for the purchase or sale of residential land or lots, including single-family homes, townhouses, or condominium units. 2. Commercial Property Questionnaire: Tailored for the purchase or sale of commercial land or lots, such as office buildings, retail spaces, warehouses, or industrial sites. 3. Vacant Land Questionnaire: Used when buying or selling vacant land or lots without any buildings or structures. It covers zoning regulations, permitted land uses, utilities availability, and potential development plans. 4. Investment Property Questionnaire: Geared towards the purchase or sale of investment properties, including rental units, multi-family buildings, or income-producing properties. It focuses on rental history, current leases, and financial performance. 5. Agricultural Land Questionnaire: Applicable when dealing with the purchase or sale of agricultural land or lots, such as farms, vineyards, or orchards. It gathers information about crop production, water rights, soil composition, and existing agricultural structures. Remember, while this content provides a general overview, each questionnaire may vary based on specific requirements, legal obligations, or additional provisions determined by the parties involved or their legal representatives.

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How to fill out San Jose California Purchase Or Sale Of Real Property - Land Or Lot - Questionnaire?

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FAQ

In Santa Clara County, the custom is that the city transfer tax fee is divided 50-50 between the seller and buyer. The buyer pays the recording fees, and the seller pays the county transfer tax, escrow fees, and title insurance costs.

When done properly, a deed is recorded anywhere from two weeks to three months after closing.

Upon taking effect, the recorder's office will impose a fee of $75.00 to be paid when recording every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225.00.

Real Estate Recording Documents sent through the mail and received through our drop box will be reviewed and recorded within ten business days if it meets all recording requirements. The original will be mailed out within six to eight weeks.

In California, the seller traditionally pays the transfer tax, thus the seller usually pays the Los Angeles County transfer tax. Depending on local market conditions, transfer taxes can become a negotiating point during closing.

Document Transfer Tax It is computed at a rate of $. 55 per $500 or fractional portion of real property value, excluding any liens or encumbrances already of record.

Preliminary Change of Ownership Forms are available online at the Assessor web site or can be mailed to you upon request by calling the Assessor's office at (408) 299-5500.

A Real Estate Property Transfer Tax is a one-time tax paid whenever real property is sold or transferred from one individual or entity to another. The City of San Jose's current real estate property transfer tax is $3.30 per $1,000 of assessed value.

Use a santa clara county transfer tax affidavit 2014 template to make your document workflow more streamlined. NO. Property Address: -- -- I declare that the documentary transfer tax for this transaction is: $ . If this transaction is exempt from Documentary Transfer Tax, the reason must be identified below.

What is a Real Estate Transfer Tax? A. A Real Estate Property Transfer Tax is a one-time tax paid whenever real property is sold or transferred from one individual or entity to another. The City of San Jose's current real estate property transfer tax is $3.30 per $1,000 of assessed value.

More info

Find out what California law will require of you before taking steps to divide and sell off individual pieces of your land parcel. AGREEMENT OF SALE – An agreement between the seller (vendor) and buyer (vendee) for the purchase of real property.Once the price is settled, have your real estate attorney write up a formal purchasesale agreement. Numerous apartment developments are bringing needed density and increasing housing options in the city. A real estate lawyer can be of great assistance in carrying out some of the checks, as there is a long list of them. Get answers to these questions using PropertyShark, so you can confidently make your home buying decision. Michelle E. Griffith. After completing his payment, the buyer did not proceed to complete the transfer of the Title to his name. Each document presented for recording MUST include or comply with the following general requirements: The property must be located in Santa Clara County. (B) the real property is located in the municipality.

(2) All title or possession may be transferred at the same time. However, if the deed is signed at the auction by the vendor and then the buyer proceeds to complete the transfer of all title with the proper filing, this must occur before the vendor prepares and submits a formal purchase and sale agreement to the Secretary of State before the buyer completes the purchase. The buyer and vendor may also negotiate prior to the auction. If the buyer and vendor have not negotiated prior to the auction, the vendor must file a written contract detailing all the terms. For those purchasing properties under a pre-sale contract, the seller is required to provide the buyer with a written inventory. When the seller provides a pre-sale inventory, it must be included within the sale agreement. Title Transfer with No Buyer or Vendor — This category of title transfer may be required if the seller is unable to obtain title to the property within 4 years.

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San Jose California Purchase or Sale of Real Property - Land or Lot - Questionnaire