How East Bay Disclosures Differ from the Rest of the Bay

Deniz Kahramaner

Jan 19, 2023

Prelude

Deniz Kahramaner is the Founder & CEO of the data-driven Real Estate Brokerage Atlasa. His mission is to help home buyers understand the tradeoffs of different home options using big data and analytics. Feel free to contact Deniz if you need help with the home buying or selling process at deniz@atlasa.com.

Photo by Cedric Letsch on Unsplash

Most disclosures include the same documents, including the natural hazard report, preliminary report, and seller transfer report. Most of these are required by the state of California. However, specific documents are required by the county or city in different parts of California, such as the East Bay. This includes Alameda and Contra Costa County. While this won’t be an extensive list of East Bay-specific documents, here are the primary ones I have come across as a Realtor working in the Easy Bay.

Berkeley Specific

In Berkeley, some documents in the disclosure are specifically Berkeley-specific, many of which are not found in other areas.

BESO Analysis

The Building Emissions Saving Ordinance (BESO) is a required assessment for buildings and homeowners “to complete and publicly report comprehensive energy assessments to uncover energy and greenhouse gas emissions saving opportunities.” The analysis is created and generated by a certified BESO inspector. It will give a rating from 1–10 on the property’s efficiency.

The requirements may vary:

1–4 unit homes require an assessment at the time of listing
850–14,99 square foot buildings require an assessment at the time of listing
15,000–24,999 square foot buildings require an assessment at the time of listing and will require annual benchmarking starting the summer of 2022
25,000 square foot or more buildings require an assessment every five years and annual benchmarking

BESO Form

The BESO form notes whether the property owner has submitted the BESO for compliance to the City. As long as the BESO analysis has been done, the fee must be paid and the analysis submitted to the City of Berkeley. Unlike other compliance documents, the BESO does not require any fixes to be made.

If a BESO analysis and form have not been completed, it would be good to refer to the East Bay Purchase Agreement Addendum (Berkeley).

East Bay Purchase Agreement Addendum (Berkeley)

The East Bay Purchase Agreement Addendum (Berkeley) is a specific addendum to the City of Berkeley. If provided, it allows the seller to divert responsibility to the buyer and or note what is or is not in compliance. Of the list of items included in the addendum:

Sewer Lateral Compliance
Seismic Transfer Tax and Tax Credit
Building Emission Savings Ordinance (BESO)
Water Conserving Plumbing Fixtures
Pool/Spa Safety Devices
Permit Work Before Close of Escrow
No Smoking in Multi-Unit Residences: Required Contract & Lease Documents
Other Regulations

Oakland Specific

Oakland East Bay Purchase Addendum

Similar to the Berkeley addendum, the Oakland addendum does the same thing by allowing sellers to divert responsibility to the buyer or not what is not in compliance. There are some differences:

Private Sewer Lateral Compliance
Sidewalk Repair
Water Conserving Plumbing Fixtures
Pool/Spa Safety Devices
Permit Work Before Close of Escrow

Sewer Lateral Certificate

As pictured below, Sewer Lateral Compliance is required in most of the East Bay. “Many pipes are in need of repair to prevent the infiltration of rainwater, which can overwhelm wastewater pipes and treatment facilities and cause partially treated wastewater to be released into the Bay…Affected property owners must obtain a certificate from EBMUD certifying that all of their PSLs are leak-free. Property owners may also voluntarily have their laterals tested and certified.”

If the sewer lateral requires fixing, the Oakland East Bay Purchase Addendum can allow the seller to check if compliance will be met before escrow or if it will be the buyer’s responsibility.

A sewer lateral replacement can cost anywhere from $10K to $15K. However, it is suggested to gather multiple quotes.

Sidewalk Compliance Certification

Sidewalk Compliance is similar to Sewer Lateral Compliance, as sidewalk repairs should be done to repair known or unsafe conditions before the close of escrow. According to the City of Oakland’s website, “Sidewalk repairs must be completed at the time of title transfer or the permitting or a major renovation.” A qualified contractor should complete the repairs and submit a self-certification of sidewalk compliance.

Similar to the sewer lateral, the Oakland East Bay Purchase Addendum can allow the seller to check if compliance will be met before escrow or if it will be the buyer’s responsibility.

Conclusion

At Atlasa, we pay attention to important documents during the sale and purchase that might be specific to certain areas. We also have an extensive network that we can connect our clients with to assist. To speak with an Atlasa agent today, please contact us at deniz@atlasa.com or check out our website at www.atlasa.com.