(Page 1 of 28) 3 4 FILED LOS ANGELSS SUPERIOR COURT Paul H. Bickenbach (SBN 59145) Attorney at Law 1219 Morningside Drive, Suite 102 Manhattan Beach, CA 90266 Telephone (310) 939-1180 JOHN A. CLARKE CLERK BY S.'.G Attorney for Plaintiff Roderick Foster 5 ØUTY Case imaIg ned Judp Lt5 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 B C 306 797 II 12 CASE NO.: RODERICK FOSTER, ) Plaintiff 13 14 15 16 ) COMPLAINT FOR BREACH OF WRITTEN AGREEMENT, BREACH OF ORAL AGREEMENT, FRAUD, AND CONSPIRACY vs BANKERS' REALTY, MOKLESS G[RGIS. PENINSULA ESCROW, INC, REMAX REALTY, GUSTAVO BANUELOS, DIANE NELSON, and DOES I through 20, inclusive, 17 ' Defendant(s) 18 19 20 21 PRELIMTNARY ALLEGATIONS I. At all times herein mentioned, Plaintiff, RODERICK FOSTER, was and is an individual residing in the City of Los Angeles, Slate of California. 2 At all times herein mentioned Defendants BANKERS REALTY REMA)AL1Y 1 23 and DOES 1 through S inclusive were and are business entities whose exact husmesssxatuis 24 currently unknown organized and existing by virtue of the laws of the State of Cafdtnia and locatein 25 the County of Los Angeles. At all times herein mentioned, defendants, PENINSULA .SCRIrC.. 26: and DOES 6 through 10, were corporations, duly licensed to do business and doing business in-the..1 27. County of Los Angeles. State of California. 28.;. -I - COMPLAINT Doc# 1 Page# 1 - Doc ID = 1113242041 -. Doc Type = OTHER (Page 2 of 28) 3. 1 Plaintiff is informed and believes and thereon alleges, that at all times herein mentioned, defendants, MOKLESS GIRGIS and GUSTAVO BANTJELOS, were individuals residing and working 3 in the City of Los Angeles, State of California. As to defendant, DIANE NELSON, plaintiff is informed 4 and believes and thereon alleges that she is an individual residing and working in the City of Costa 5 Mesa, State of California. 4. a 7 8 9 corporate, associate or otherwise, are unknown to plaintiff at the present time, and at such time as the true names and capacities of the said DOES I through 20, inclusive, have been ascertained, plaintiff will seek leave of the court to amend this complaint by setting forth their true names and capacities. S. 10 II 12 That the true names and capacities of DOES I through 20, inclusive, whether individual, That at all times herein mentioned, the defendants, and each of them, were the agents, servants and employees of each other acting within the course and scope of said agency and employment6. 13 Plaintiff is informed and believes and upon such information and belief alleges that each of the defendants named herein as a DOE is in breach of a legal duty owed to plaintiff proximately 14 resulting in damages and injuries and is responsible to plaintiff in this action for damages. 1-c 7. 16 '7 IS On or about May 20, 2002, plaintiff, RODERICK FOSTER, entered into a written agreement (hereinafter the "agreement") with defendants, BANKERS REALTY and MOKLESS GERGIS regarding the purchase of certain real property in the City of Los Angeles, State of California. A copy of that agreement is attached hereto as Exhibit "I" and incorporated herein by reference. 19 FIRST CAUSE OF ACTION 20 (Breach of Written Agreement Against Bankers Realty, Mokiess Girgis and Does 1 through 1 0) 21 8. Plaintiff refers to paragraphs I though 7, inclusive, of the Preliminary Allegations and by reference thereto incorporates the same herewith as though frilly set forth at length. 23 9. At a date currently unknown, but shortly after May 20, 2002, and various dates thereaftet 24 defendants, BANKERS REALTY, MOKLESS GIRGIS and DOES I through 10, breached said 25 agreement by failing to perform pursuant to the terms of the agreement and, furthermore, by wrongfully 26 taking from the plaintiff; RODERICK FOSTER, the sum of at least $16,000.00. 27 28 I/I - 2- CO2PLAIWT Doc# 1 Page# 2 - Doc ID = 1113242041 - Doc Type = OTHER (Page 3 of 28) S 10. 1 As a direct and proximate result of defendants' breach of the written agreement, plaintiff 2 suffered damages in the amount of at least $16,000.00, which amount represents the amount paid by the 3 plaintiff to BANKERS REALTY and MOKLESS GIRGIS as part of the purchase of said real property. 11. 4 s As a further direct and proximate result of said defendants' breach of the written agreement, plaintiti was caused to incur, and continues to incur, incidental damages in an amount not yet ascertained. Plaintiff will seek leave to amend this complaint when the amount of such incidental damages has been ascertained. SECOND CAUSE OF ACTION (Breach of Oral Agreement Against Bankers Realty, Mokiess Girgis and Does I through tO) 12. Plaintiff refers to paragraphs I through 7, inclusive, of the Preliminary Allegations and 10 I by reference thereto incorporates the same herewith as though fully set forth at length. 13. 12 Commencing shortly after May 20, 2002, defendants, BANKERS REALTY, MOKLESS G1RGIS, and DOES I through 10, orally promised the plaintiff that they would look into and see to the 14 return to the plaintiff of the monies they had wrongfully taken from the plaintiff, which were and are in the sum of at least $16,000.00. 15 14. 16 17 Defendants, BANKERS REALTY, MOKLESS GIRGIS and DOES 1 through 10. in spire of the promises made in paragraph 13 above, have refused and continue to refuse to look into the return of and return the plaintiffs monies in the sum of at least $16,000.00 and in doing so have breached the 18 oral agreement mentioned in paragraph 13 above. 15. 21 As a direct and proximate result of defendants' breach of the oral agreement. plaintiff suffered damages in the amount of at least $16,000.00, which amount represents the amount wrongfully taken from plaintiff by the defendants. 22 16. As a further direct and proximate result of said defendants' breach of the written 23 agreement, plaintiff was caused to incur, and continues to incur, incidental damages in an amount not 24 yet ascertained. Plaintiff will seek to amend this complaint when the amount ol'such incidental damages 25: has been ascertained. 26.: 27o28?: III -3 - COMPLAINT Doc# 1 Page# 3 - Doc ID = 1113242041 - Doc Type = OTIR (Page 4 of 2) S THIRD CAUSE OF ACTION (For Fraud Against Bankers Really, Mokle.ss Girgis and Does I through 10) 2 3 17. Plaintiff refers to paragraphs I through 7, inclusive, of the Preliminary Allegations, 4 paragraphs S through 11, inclusive of the First Cause of Action and paragraphs 12 through 16, inclusive, of the Second Cause of Action and incorporates the same herewith as though filly set 6 forth at length. IS. Plaintiff is informed and believes and thereon alleges that at the time of the promises, events and circumstances outlined in paragraphs I through 17 above, that at the time they were promised and done by the defendants and each of them, that the defendants had no intention of doing or 10 performing said promises. 19. Plaintiff is informed and believes and upon such information and belief alleges that the 12 promises, events and circumstances outlined above were done by the defendants in order to induce the plaintiff to relinquish possession of his $16,000.00 or more to the defendants and each of them. 14 20. Plaintiff, at the time of the promises, events and circumstances outlined above, was ignorant of defendants' secret intentions not to perform as promised, moreover, plaintiff could not, in tht 15 exercise of reasonable diligence, have discovered and did not discover until subsequent to May 20, 16 17 18 2002, defendants' secret intentions. 21 In justifiable reliance on the promises of the defendants, plaintiff relied on said promises of the defendants to see to the return of his $16,000.00 or more. If plaintiff had known the actual 19 intention of defendants, plaintiff would not have taken such action. - 22. Defendants failed to abide by their promises and have failed and refused, and continue to fail and reftise, to return to plaintiff his $16,000.00 or more wrongfully paid to the defendants and each of them. 23 23. As a direct and proximate result of defendants' fraud and deceit, plaintiff has been 24 damaged in the sum of at least $16,000.00, which amount represents at least the amount wrongfully 25 taken from him by the defendants together with interest thereon at the legal rate from approximately 26'-.May 20, 2002. 27: 24. In doing the acts herein alleged, defendants acted with oppression, fraud and malice, and 28:: plaintiff is, therefore, entitled to punitive damages in an amount according to proof at the time of trial. -4- COMPLAINT Doc# 1 Page# 4 - Doc ID = 1113242041 - Doc Type = OTR (Page 5 of 28) S I FOURTH CAUSE OF ACTION 2 (Conspiracy Against All Defendants) 3 25. Plaintiff refers to paragraphs 1 through 10 of the Preliminary Allegations, paragraphs 8 through 11, of the First Cause of Action, paragraphs 12 through 16 of the Second Cause of Action, and ç paragraphs 17 through 24 of the Third Cause of Action, and by this reference, incorporates each and all 6 of the allegations contained therein as though set forth in fill. 26. Plaintiff is informed and believes that defendants, BANKERS REALTY and MOK.LESS GIRGIS conspired with PENINSULA ESCROW, INC., REMAX REALTY, GUSTAVO BANUELOS, DIANE NELSON and the other defendants herein, knowingly and willfully among themselves, to 10 commit the acts described in paragraph I through 24 above. In doing the acts herein alleged, defendants acted with oppression, fraud and malice and plaintiff is, therefore, entitled to punitive damages in an amount according to proof at the time of trial. 13 27. As a proximate result of said conspiracy, plaintiff suffered injuries and damages as hereinafter alleged. 14 WHEREFORE, plaintiff prays judgment for damages against defendants, and each of them, as 15 follows: 16 FIRST CAUSE OF ACTION 17 1. 18 19 For actual damages in the sum of at least $16,000.00 or according to proof at the time of trial; 1 For incidental damages in an amount according to proof For interest at the legal rate from May 20, 2002 to the present according to proof; - SECOND CAUSE OF ACTION 4 - For actual damages in the sum of at least $16,000.00 or according to proof at the time of ma!; 24 5. For incidental damages in an amount according to proof; 251 6. For interest at the legal rate from May 20, 2002 to the present according to proof; 26: 27 28: THIRD CAUSE OF ACTION 7. For general damages in the sum oral least $16,000.00 or according to proof at the time o trial, -5 - COMPLAINT Doc# 1 Page# 5 - Doc ID = 1113242041 - Doe Type = OTIP (Page 6 of 28) S 2 S ... 8. For interest at the legal rate from May 20, 2002, to the present according to proof; 9. For punitive damages in an amount according to proof; FOURTH CAUSE OF ACTION 4 10. For general damages in the sum of at least $16,000.00 or according to proof at the time S trial 6 For interest at the legal rate from May 20, 2002 to the present according to proof; 12. ALL CAUSES OF ACTION 8 JO For punitive damages in an amount according to proof; 13. For costs of suit incurred herein; and 14. For such other and further relief as the court may deem just and proper. Ii 12 DATED: LAW OFFICES ,F PAUL H. BICKENBACH /y 13 14 Is 16 By:______ Paul H. Bickenbach Attorney for Plaintiff, Roderick Foster 17 18 19 20 23 24 25 26- 28 -6- COMPLAINT Doc# 1 Page# 6 - Doc ID = 1113242041 - Doc Type = OTHER (Page 7 of 28) EXHIBIT ?1 Doc# 1 Page# 7 Doc ID 1113242041 Doc Type OTHER (Page 8 of 28) dNMI CAL1FO ASSOCIATION OF REALTOR.S® S BUYER BROKER REPRESENTATION AGREEMENT Roderick Foster 1. AGENCY AGREEMENT: The undersigned Bankers Peal bY ç'Buyer) grants ("Broker") the non-exclusive and revocable right, on the terms specified in this Agreement, to represent Buyer in acquiring real property. Broker, individually or through an associate-licensee, (an individual licensed as a real estate salesperson or broker who works under the Broker's real estate license) agrees to exercise due diligence and reasonable efforts to fulfill the following authorizations and obligations. Buyer agrees that Brokers duties are limited by the terms of this Agreement, inchiding those limitations set forth in paragraph 4. 2. BROKER AUTHORIZATIONS: Buyer authorizes Broker to: (i) locate and present selected properties to Buyer, present offers authorized by Buyer, and assist Buyer in negotiating for acceptance of such offers; (ii) assist Buyer with the financing process, including obtaining loan pre-qualification; (iii) provide guidance to help Buyer with the acquisition of property, (iv) upon request, provide Buyer with a list of professionals or vendors that perform the services described in paragraph 5C; and (v) schedule and attend meetings and appointments with professionals chosen by Buyer. 3. BROKER OLlGATlONS: Broker, either directlor indirectly through an authorized person, shall provide and review forms to create a real property contract ("Property Contract") for the acquisition of a specific property C'Property"). With respect to such Property, Broker shall: (i) if the Property contains residential property with one-to-four dwelling units, conduct a reasonably competent and diligent, on-site, visual inspection of the accessible areas of the Property only (excluding any common areas), and disclose to Buyer all facts materially affecting the value or desirability of such Property that are revealed by this inspection; (ii) deliver or communicate to Buyer any disclosures, materials or information received during this agency by, in personal possession of, or personally known to the individual licensee(s) working with Buyer; (iii) facilitate the escrow process, including assisting Buyer in negotiating with seller. Unless otherwise specified in writing, any information provided through Broker in the course of representing Buyer has not been and will not be verified by Broker. Brokers services are performed in compliance with federal, state and local anti-discrimination laws. 4. SCOPE OF BROKER DUTY: A. While Broker will perform the duties described in paragraph 3, Broker recommends that Buyer select other professionals, as described in paragraph 5C, to investigate the Property through inspections, investigations, tests, surveys, reports, studies and other available information ("inspections") during the transaction. Buyer agrees that these Inspections, to the extent they exceed the obligations described in paragraph 3. are not within the scope of Brokers agency duties. Broker informs Buyer that it is in the Buyer's best interest to obtain such Inspections. B. Buyer acknowledges and agrees that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property, (iii) Shall not be responsible for identifying defects that are not known to Broker and either (a) are not visually observable in reasonably accessible areas of the Property, or (b) are in common areas; (iv) Does not guarantee the performance, adequacy or completeness of Inspections, services, products or repairs provided or made by seller or others to Buyer or Seller; (v) Cannot identify location of boundary lines or other items affecting title; (vi) Cannot verify square footage, representations of others or information contained in Inspection reports, (vii) Cannot provide legal or tax advice regarding any aspect of a transaction entered into by Buyer in the course of this representation; and (viii) Will not provide other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer agrees to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. C. Broker owes no duty to inspect for common environmental hazards, earthquake weaknesses, and geologic and seismic hazards. If Buyer receives the booklets titled "Environmental Hazards: A Guide for Homeowners and Buyers," "The Homeowner's Guide to Earthquake Safety," or 'The Commercial Property Owners Guide to Earthquake Safety" they are deemed adequate to provide Buyer with information contained in the booklets and Broker is not required to provide Buyer with additional information about those items, other than known hazards on or affecting the Property. Buyer and Broker acknowledge receipt of'bopy oT'thispage, 'which constitutes Page 1 of Buyer's Initials Broker's Initials ( ___________) 3 Pages. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCLSITION OF REALTORS® (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY-3 OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACT}NS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULTAN APPROPRIATE PROFESSIONAL The copyriht laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine ooany other means, including facsimile or computerized formats. Copyright 0 1999, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. N PubiThed and Distributed by: REAl, ESTATE BUSINESS SERVICES, INC. a subs idiar, 01' the CALIFORNIA ASSOCIATION OF REALTORS® 525 south Virgil Avenue. Los Angeles. California 90020 REVISED 4199 - OFFICE USE ONLY Reviewed by Broker or Designee Dale 121 ?PTUllITY BUYER BROKER REPRESENTATION AGREEMENT (BR-11 PAGE I OF 3) Bankers Realty Phone: 310-326-8229 CA 90503 21707 Hawthorne Blvd, SIC 307, Torrance Fax: 310-784-1977 Moklcss Girgis T7292753.ZFX Doc# 1 Page# 8 - Doc ID = 1113242041 - Doc Type = OTBER (Page 9 of 28) Buyer: Hik ±r ' ' •e: MAX 20 .. 2002 .S. BUYER'S OBLIGATIONS: A. Buyer agrees to timely view or consider properties selected by Broker and to negotiate in good faith to acquire a property. Buyer further agrees to act in good faith toward the completion of any Property Contract entered into in furtherance of this Agreement. Buyer has an affirmative duty to protect him/herself, including discovery of the. legal, practical and technical implications of discovered or disclosed facts, and investigation of information and facts which are known to Buyer or are within the diligent attention and observation of Buyer. Buyer agrees to seek desired assistance from appropriate professionals, selected by Buyer, such as those referenced below. B. Buyer shall notify Broker in writing if Buyer requests information on, or has any concerns regarding, any particular area of interest or importance to Buyer. C. The following list of items represents many areas that typically warrant Inspections by other professionals. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, and other structural and non-structural systems and components, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. (Structural engineers are best suited to determine possible design or construction defects, and whether improvements are structurally sound.) / SQUARE FOOTAGE, AGE, BOUNDARIES, TITLE: Square footage, room dimensions, lot size, age of improvements, and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY, and have not been and cannot be verified by Brokers. Fences, hedges, walls, retaining walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Public records may not contain accurate information or all information affecting title. (An appraiser, architect, surveyor, or civil engineer is best suited to determine respectively square footage, dimensions and location of boundaries and other title matters of the Property.) SOIL STABILITY/GEOLOGIC CONDITIONS: Existence of compacted, expansive or contracting soil, fill, susceptibility to slippage, settling or movement, and the adequacy of drainage. Inspections for these types of conditions are particularly important for hillside or sloped properties, but are also relevant for flat land. (Geotechnical engineers are best suited to determine such conditions, causes, and remedies.) ROOF: Present condition, approximate age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.) POOUSPA: Whether there are any cracks, leaks or operational problems including related equipment and components. (Pool contractors and soil engineers are best suited to determine these conditions.) WASTE DISPOSAL: Type, size, adequacy, capacity, fees, connection and condition of sewer and septic systems and components. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions, and costs Adequacy, condition, and performance of well systems and components. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including asbestos, lead-based paint and other lead contamination, methane, radon, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions. (For further information, read the booklet "Environmental Hazards: A Guide for Homeowners and Buyers," or consult an appropriate professional.) EARTHQUAKE AND FLOOD; INSURANCE AVAILABILITY: Susceptibility of the Property to earthquake hazards and propensity of the Property to flood. These and other conditions may affect the availability and need for certain types of insurance. (Geologists, geotechnic engineers and insurance agents are best suited to provide information on these conditions.) GOVERNMENTAL REQUIREMENTS AND LIMITATIONS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. (Such information is available through appropriate governmental agencies and private information providers. Brokers are not qualified to obtain, review, or interpret any such information.) RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions which may limit the amount of rent that can be charged, the maximum number of persons who can occupy the Property, and the circumstances in which tenancies can be terminated. Deadbolt or other locks and security systems for doors and windows should be examined to determine whether they satisfy legal requirements. (Local government agncies or lecksmiths, respectively, can give information about these restrictions and requirements.) NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders fire protection, other governmental services, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development which may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, historic or other governmentaHy protected sites or improvements, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. Buyer and Broker acknowledge receipt of copy of this page, which constitutes Page 2 of . j ( Brokers Initials Buyers kitials ( ) REVISED 4199 Pages. I r 1 OFFICE USE ONLY Reviewed by Broker or Designee Date BUYER BROKER REPRESENTATION AGREEMENT (BR-11 PAGE 2 OF 3) 1 121 GIsOSTUaTI 77M753ZFX Doc# 1 Page# 9 - Doc ID = 1113242041 - Doc Type = OTHER (Page 10 of 28) Property Address: 132-134 F 94th st., Los Wes, CJ 9001)3. Date: may 20, 2002 - III. AGENT'S INSPECTION DISCLOSURE (To be completed only if the Seller is represented by an agent in this transaction.) THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE PROPERTY AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING: 0 Agent notes no items for disclosure. LI Agent notes the following items: - Agent (Broker Representing Seller) Bankers Realty (Please Print) By tZ_- ( C-' ,4 Date 0512012002 (A6date-License'SrBr9k(Signature) 2ok1es9Jiqia /1 IV. AGENT'S INSPECTION DISCLOSURE (To be completed only if the agent who has obtained the offer is other than the agent above.) THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING: 0 Agent notes no items for disclosure. Li Agent notes the following items: Agent (Broker Obtaining the Offer) Bankers flejy (Please Print) By Date 0512012002 (Associate-License or Broker Signature) erk1ess G.trgis V. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS QE THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT A COPY OF THIS STATEMENT. ' Seller Date 0512012002 Buyer Date Buyer T Foster Seller Agent (Broker Representing Seller) Baars Realty By frlL 2LenijL Roderick Foster Date 0512012002 Date /' Date 0512012002 (Mociate-Ucense or B)ker Signature) IrLess rgis Agent (Broker Obtaining the Offer) flanker, Rea2ty Date 05120/2002 By ,•• •. (Aôeiate-License 0 7 rosignature) SECTION 1102.3 OF THE CIVIL CODE PROVIDES A BUYER WITH THE RIGHT TO RESCIND A PURCHASE CONTRACT FOR AT LEAST THREE DAYS AFTER THE DELIVERY OF THIS DISCLOSURE IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD. A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE ThANSACTIS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This form Is available for use by the entire real estate industry. It Is not intended to identify the user as a REALTORS'. REALTOR® is a registered collective membership rnarlc which may beijsed only by members of the NATIONAL ASSOCIATION OF REALTORS who subscribe to Its Code of Ethics, I Publi8hed and Distributed by: N REAEESTATE BUSINESS SERVICES, INC. a subdiaa'y of the CALIFORNIA ASSOCIATION OF REALTORS C 525 S6. uth Virgil Avenue, Los Angeles, California 90020 lOS REVISED 10101 (PAGE 3 OF 3) Reviewed by L Broker or Designee Date __________ WFORTUMly REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS-11 PAGE 3 OF 3) Doc# 1 Page# 10 - Doc ID = 1113242041 - Doc Type = OTHER (Page 11 of 28) Property Addess: 132-134 Z' 84th S1 l,. CA 00 001 . a Date: .Zlay 20. 2002 El Yes [i 'o. If yes, check appropriate space(s) below. 0 Roof(s) 0 Windows U Doors U Foundation 0 Slab(s) U Plumbing/Sewers/Septics 0 Other Structural Components B Are you (Seller) aware of any significant defects/malfunctions in any of the following? F1 interior Walls fl Ceilings 0 Floors El Exterior Walls El [nsulalion C] Driveways 0 Sidewalks 0 Walls/Fences El Electrical Systems (Describe: If any of the above is checked, explain. (Attach additional sheets if necessary): This garage door opener or child resistant pool barrier may not be in compliance with the safety standards relating to automatic reversing devices as set forth in Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or with the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of, the Health and Safety Code. The water heater may not be anchored, braced, or strapped in accordance with Section 19211 of the Health and Safety Code. Window security bars may not have quick release mechanisms in compliance with the 1995 Edition of the California Building Standards Code. C. Are you (Seller) aware of any the following: Substances, materials, or products which may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, mold, fuel or chemical storage tanks, and contaminated soil or water on the subject property .............. E'io 0 Yes 2. Features of the property shared in common with adjoining landowners, such as walls, fences, and driveways, whose use or responsibility for maintenance may have an effect on the subject property ................................ 0 Yes 3. Any encroachments, easements or similar matters that may affect your interest In the subject property .................... Yell LjJ1.p [1Io Yes 4. Room additions, structural modifications, or other alterations or repairs made without necessary permits...................... S. Room additions, structural modifications, or other alterations or repairs not in compliance with building codes ................ El Yes 10 10 6. Fill (compacted or otherwise) on the property or any portion thereof ......................................... Li Yes 7. Any settling from any cause, or slippage, sliding, or other soil problems ...................................... El Yes 1(No 8. Flooding, drainage or grading problems ..................................................... D Yes 9. Major damage to the property or any of the structures from fire, earthquake, floods, or landslides ..................... 0 Yes 10. Any zoning violations, nonconforming uses, violations of"setback" requirements ............................... U Yes PNo 11. Neighborhood noise problems or other nuisances ........................................... El Yes 12. CC&R's or other deed restrictions or obligations ............................................... El Yes PNo 13. Homeowners' Association which has any authority over the subject property ............................ 0 Yes 14. Any common area (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided '10 interest with others) ................................................................ 0 Yes 15. Any notices of abatement or citations against the property ............................................ 0 Yes 16. Any lawsuits by or against the seller threatening to or affecting this real property, including any lawsuits alleging a defect or deficiency in this real property or common areas" (facilities such as pools, tennis courts, walkways, or other areas, co-owned Yes INo in undivided interest with others) ........................................................... If the answer to any of these is yes, explain. (Attach additional sheets if necessary): 1. El El El Seller certifies that the information herein Is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Date MAY 20, 2002 Seller 5' Io3tor Seller Date The copyright laws of the United States (Title 17 U.S. Code) forbid the uirauthorized reproduction of this form, or any portion thereof, by hotocopy machine or any other means, including facsimile ot . computerized formats. Copyright © 1991-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Buyer and Seller acknowledge receipt of a copy of this page. [Reviewed by TOS-11 REVISED 10101 (PAGE 2 OF 3) [Broker orDesignee Buyer's Initials Seller's Initials Date OPw1ueJY REAL ESTATE TRANSFER DISCLOSURE STATEMENT (TDS-1 I PAGE 2 OF 3) T72fl7S3ZFX Doc# 1 Page# 11 - Doc ID = 1113242041 - Doc TVTDe = OTHER