Most Americans’ most significant investments during their careers are real estate purchases. According to ICLG, while offering new properties for sale, subdividers must adhere to real estate laws and the conditions of the agreement made at the time of purchase.
Because of this, each state has a law requiring subdivision promoters to get a public report from the governing body before advertising any new subdivisions. For instance, California’s Department of Real Estate can help you get one.
Every real estate or land buyer should study and comprehend the subdivision or public reports before investing. More significantly, subdividers must lawfully acquire the document and deliver copies of it to any interested buyers who request it.
In order to fully understand the legal processes involved in purchasing a subdivided property, read this post about what constitutes a public report in real estate.
What Are Public Reports for a Subdivision?
A legally issued disclosure statement known as a “public report” in real estate permits the sale or rental of divided properties, such as apartments, parcels, or lots, to the general public and potential buyers. It is comparable to corporate law, which mandates that publicly traded corporations acquire authorization before issuing or offering stock.
In order to lawfully sell or lease properties with more than five units, those supplied by public agencies, created for commercial or industrial purposes, and lacking a common area inside a city’s borders, require public reports, as do real estate agents, companies, and private individuals.
Types of Public Reports
Owners must visit the DRE to get subdivision reports before marketing their subdivided properties to prospective buyers. Here are the main categories:
Preliminary Public Report
Property owners are legally allowed to market part of their units inside a subdivision while holding onto others for a refundable deposit using a preliminary or pink report.
Pink reports are significantly easier to get than other public reports, although they are not usually legally enforceable agreements. Basically, it’s how most business owners begin their advertising campaigns.
Conditional Public Report
Using a conditional or yellow report, subdividers are legally allowed to engage in a legally binding agreement with purchasers for the sale of a single or a number of units inside their subdivision.
This report is only good for six months, after which time subdividers must renew them to use them to close escrows.
Final Public Report
In contrast to yellow reports, which are only valid for up to five years, all property owners with subdivisions within the DRE’s jurisdiction are required to have a final or white public report.
In order to complete the sale or lease of units or lots within their development, property buyers are legally obligated to furnish this report.
Amended Public Reports
These are reports that the subdivider changed just before expiration. Subdividers must get a new report before selling or leasing their modified units or lots after making modifications or additions. Up to the conclusion of the original final public report, this report is still valid.
Renewed Public Report
Subdividers have the option to renew final or revised reports after a public report’s period has finished. The DRE doesn’t ask for any additional information from anyone unless you want to make some changes to the document.
Interim Public Report
A temporary report with the same authority as a final report, an interim public report can only be provided to subdividers following the publication of a final report. Make sure you read the tiny print before making any judgments because they are also printed on pink paper.
Limited-Term Public Report
The DRE frequently denies subdividers the customary five-year term because of paperwork problems, unpaid invoices, or partial ownership.
It still has the same guarantees and is legally enforceable, but depending on the review procedure and the resources of the subdivider, it typically expires after two to three years.
Conclusion
If you know what you’re doing, obtaining a public report in real estate isn’t usually a difficult endeavor. The procedure is really simple, and depending on your papers, it can be finished in only a few weeks.
If anything is missing, the DRE will give you a quantitative deficiency notice within ten days so that you have time to fix it.
You can turn to California Builder Services if you need help with DRE public report processing. We’re a single-source consulting firm, specializing in DRE public reports processing, HOA budgeting, and reserve studies. Contact us today to learn more!
