In a showdown between the Santa Barbara Association of Realtors and the City of Santa Barbara the SBAOR has agreed to keep their initiative off this November’s ballot if the City will concede to their demands to repeal the Zoning Information Report’s on-site inspections.
The City Attorney, Ariel Calonne, insisted the SBAOR initiative could not withstand a legal challenge. But by keeping the SBAOR’s initiative off the November ballot the City will save $200,000 in election costs, and threatened with the potential election costs the City surrendered to SBAOR’s demands.
The “Good” news is it will make it a lot easier for real estate agents to sell houses which is how this became an issue. Sometimes the ZIR Reports included information from previous ZIR Reports that may or may not have been correct. This may have had to do with human error, or at the time of the previous inspection the building and safety codes were different. Correct or not, oftentimes this became a problem that would have the seller and prospective buyer having to negotiate what came up in the reports.
Actually not much has changed. Within seven days of entering into an agreement of sale of any residential property, a residential property owner or their authorized agent is required to provide a copy of the ZIR to the buyer. These documents can be accessed, viewed, downloaded and printed electronically from the City’s website.
California’s disclosure laws are pretty clear and straightforward. Any material evidence that could affect someone’s perception of value has to be disclosed. As flawed as many aspects of Santa Barbara’s Zoning Information Report may have been – its purpose was principled and well-intentioned.
Rather than trying to work with the City and fix what’s wrong with the City’s Zoning Information Reports (elsewhere throughout the State of California they’re referred to as “City or Town Resale Inspections” and include on-site inspections), the whole process may have been marginalized. Resale inspections with on-site inspections by Towns and Cities throughout the State of California are the norm. The reason the City Attorney Ariel Calonne said the SBAOR’s initiative could not withstand a legal challenge is that previous attempts elsewhere in California have failed.
Anyone considering buying a house in Santa Barbara should require whatever inspections they feel are necessary so that they are fully informed as to what they’re purchasing. Before completing your purchase talk to your real estate professional to find out how they’ll provide or recommend who can provide this information for you.
Caveat Emptor, Good Luck, and Happy Home Buying!
City of Santa Barbara’s Zoning Information Reports Have Outlived Their Usefulness Source: SBAOR
Zoning Information Reports Source: Reference Library City of Santa Barbara
