In my view, the WHSD is more of a required Seller's disclosure or notification because it simply informs of the Seller's duty regarding the transfer of the property and Health and Safety Code compliance requirements regarding the Water Heater and Smoke Detectors. Even if the form did not exist, the code compliance requirements still would.
In my past discussions with the CAR lawyers regarding such things as REO's or Sellers not signing certain disclosure documents, I have always been advised that being able to show an individual was sent a document was sufficient to establish delivery (after all, one cannot force someone to sign a document).
However, from a practical standpoint, I do not see why you would not sign it now. Also, the signing of this document may be covered under the form that you likely signed at Escrow stating you would cooperate with any missed information or signatures.
Congratulations on your purchase.
These are required disclosures. It's not hard to imagine how this disclosure was overlooked since there are so many. This disclosure is intended to let people acknowledge that they know about these requirements and that these should be completed as a condition of closing escrow.
Certainly won't cause you a lot of time to oblige the request and keep the transaction ending on a high note.
You can refuse to sign it but why would you not? As others stated it is a notification that you are now aware of regarding somke detecters and proper water heater bracing at . You can always date it after close.
Now the key question is if you knew the information about the water heater and smoke detectors before hand and this was just a simple matter of documentation. If there was an issue you were not aware of that would be different.
But if what has been disclosed is accurate and doesn't harm you. You should sign the disclosure to acknowledge the information was provided to you.
(1) The hot water is properly strapped with seismic restraints,
(2) There is a working smoke detector in your home outside the bedrooms as per building code.
If your hot water heater is strapped AND you have a working smoke detector where it should be, then the obligations of the disclosure have been fulfilled. If that is indeed the case, then there is no good reason why you should not sign the disclosure.
In some cases, agents donâ€™t get paid until their office has all the required documents signed off. IF your hot water heater and/or smoke detector are not as they should be as per the disclosure, then have your buyerâ€™s agent rectify the situation (a hot water heater strap kit costs about $25.00 and a smoke detector can be purchased for less than $10.00)â€¦
Then sign the form. No reason not to.
The disclosures are provided by the seller so it should be your agent that neglected to get your signature, not the buyer's agent. However, I would not call that any agent's neglect since you were supposed to sign there when you were given all the disclosures to sign and maybe missed signing that page. Since there are 2 signatures needed on that one page when both Smoke detector and water heater are on the same page, sellers often miss 1 signature. The buyer's agent or the selling office broker may have noticed a missing signature.
My advice would be to sign it so there are no problems later with compliance issues etc.
Help-U-Sell Achievers Realty
good luck with working things out