Low Flow Disclosures

Many REALTORS® have asked about the new law requiring that Water-Conserving Plumbing Fixtures be installed in homes by 2017.

First, some background on this issue:

In 2009 SB 407 was introduced which would have required that residential and commercial properties be retrofitted at point-of-sale with low-flow toilets, showerheads, and faucets. At the time, C.A.R. argued that the point-of-sale approach would burden escrows and have a negative impact on the already weak housing market. As a result, SB 407 was amended to remove the point-of-sale provision and instead require all properties to be retrofitted by 2017. In other words, instead of point-of-sale, a “date-certain” approach would be implemented.

In 2011, C.A.R. sponsored SB 837 to add language to the Transfer Disclosure Statement (TDS) notifying the purchaser of a property of the impending requirements of SB 407. The inclusion of this information in the TDS will ensure that sellers and buyers are aware of these water efficiency retrofit requirements and provide disclosure liability protection to REALTORS®. This measure went into effect on January 1, 2012.

Do you have more questions? If so, read the C.A.R. Legal Q and A, which will answer many common questions, including:

  • Does the water conservation law create any point of sale requirements?
  • What is the significance of it NOT creating a point of sale requirement?
  • Are there any forms that allow the seller to meet their disclosure obligations?
  • Should this box on the TDS be checked if the seller is uncertain about whether there are WCP fixtures installed?
  • How should a seller answer the question on the SPQ, “Are you aware of any noncompliant plumbing fixtures?” if they are uncertain?
The full FAQ can also be found on the C.A.R. website.