HVAC DUCT SEALING REQUIREMENT ReaLegal® Leading the Way...® in Real Estate Law HVAC DUCT SEALING REQUIREMENT FOR PROPERTY OWNERS Starting October 1, 2005, installing or replacing certain heating, ventilating, and air conditioning (HVAC) equipment may trigger a requirement to test and, if necessary, properly seal the existing ducts connected to that HVAC equipment. The duct sealing must then be independently verified by a certified home energy rater, at least on a random sampling basis. If a building permit is required, the local building department may not issue a permit for installing HVAC equipment until the ducts are properly sealed as verified by a certified home energy rater. As in any real estate transaction, if a homeowner circumvents permit requirements by changing out HVAC equipment without the necessary duct sealing, the homeowner must disclose that fact to a prospective buyer on the Real Estate Transfer Disclosure Statement (TDS). Also as in any pending real estate transaction, if a seller voluntarily agrees, at the buyer's request, to conduct repairs, such as change out the HVAC equipment, the seller also contractually agrees to comply with governmental permit requirements pursuant to C.A.R.'s standard-form purchase agreements. Finally, as with any item of repair after close of escrow, buyers should ascertain upfront whether their home warranty plans will cover the HVAC equipment, duct testing and sealing, and subsequent verification by a home energy rater. The new duct sealing rule does not change the law affecting a real estate agent's duty in real estate transactions, and there is no law that specifically places an affirmative duty on agents to disclose the HVAC change-out process to their clients. Nevertheless, as a matter of prudence, C.A.R.'s Standard Forms Committee is currently considering a proposal to add the duct sealing requirements to C.A.R.'s Statewide Buyer and Seller Advisory (SBSA) form. The new duct sealing rule is fully set forth at California Energy Commission's website.  Reprinted with permission. ReaLegal® is published by the CALIFORNIA ASSOCIATION OF REALTORS®, a trade association representing more than 165,000 REALTORS® statewide. ______________   For information on buying or selling east bay homes, please contact me at 510-429-4800 or send me a note on the Contact Joanne form. Thank you, Joanne P.S.  Be sure to add us to your favorite places. ~ Joanne L. Gardiner, Broker, e-PRO Realtor Advantage Realty 3205 Whipple Road - Union City, California 94587 (510) 429-4800 San Francisco Bay Area  ~ San Francisco East Bay Real Estate web site: http://www.joannegardiner.com   Our primary realty service areas in the San Francisco Bay Area: Hayward, Castro Valley, Fremont, Newark, Niles, San Leandro, San Lorenzo, San Ramon, Sunol, Oakland, Foster City, Burlingame, and San Mateo. The types of real estate in which we specialize are:  single family homes, detached homes, attached homes, duets, condominiums, townhomes, garden homes, PUDs, manufactured homes, mobile homes,  income property, investment property, tri-plexes, four-plexes, apartment property, and special use properties such as churches for sale.                 Alameda County Forms  Click to view and printout Form to Transfer Base Year Value to Replacement Dwelling  Reassessment Exclusion for Parent-Child and Grandparent-Grandchiild Ownership Transfers Claim for Reassessment Exclusion for Transfer Between Parent and Child Proposition 8 (Decline in Market Value)  2008-09 Informal Request for "Decline in Market Value" (Prop 8) Reassessment  Mailing Address Change Request Preliminary Change of Ownership Report Telephone Numbers Assessor's Department Assessee Services 510-272-3787 Base Value Transfers 510-272-3787 (Age 55/Disabled/Disaster Relief/ Eminent Domain) Exclusions 510-272-3800 (Parent-Child/Grandparent-Grandchild) Change in Ownership Information 510-272-3800 Homeowner’s Exemption 510-272-3770   Contra Costa County  Proposition 3 Replacement Property Proposition 8 Decline in Market Value Proposition 60 Transfer of Property Tax Base for Senior Citizens Proposition 58 (Parent/Child) and 193 (Grandparent/Grandchild) Exclusion 4070F Manufactured Homes Improvement Bonds Code Sections 441 and 5362 Aircraft Assessment, Property Statement and Exemptions Property Assessment Appeals     San Mateo County Forms  Click to view and printout "Decline In Assessed Value" Application Form  Grandparent to Grandchild Reassessment Exclusion Claim Form (Proposition 193) Claim for Reassessment Exclusion for Transfer Between Parent and Child  Property Tax Postponement Claim Form Replacement Dwelling Reassessment Exclusion Claim Form (Propositions 60 & 90) Exemptions, Exclusions and Tax Relief Programs that provide property tax relief to California homeowners  Telephone Numbers Assessor's Office 650-363-4500 Administration Assessed Owners Assessment Appeal Filing Business Property Information Change in Ownership Information Exemptions Property Characteristics Supplemental Assessments Valuation Information

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