“AB 1103 Energy Use Disclosure Program for Commercial Property Owners” | Real Estate Newsletter

Deferral of AB 1103 Reporting Requirements 

AB 1103, which initially was to go into effect as of January 1, 2013, has been postponed until July 1, 2013.

AB 1103 will require that owners of “nonresidential buildings in California” that are selling, leasing or obtaining financing in connection with their property disclose to a prospective buyer, tenant or lender of the “entire building” certain energy efficiency information, including a Disclosure Summary Sheet, Statement of Energy Performance, Data Checklist and the Facility Summary as soon as practicable before the execution of the sales contract or lease or before the submittal of the loan application.

Given the postponement of the regulations, the phasing schedule initially proposed last year may be subject to change as well.

All those involved in commercial real estate dispositions, leases and/or financing should be aware of the disclosure requirements and should carefully consider how their purchase and sale agreements, leases and financing documents are prepared to ensure compliance with same.

For More Information
Please contact us for additional information regarding AB 1103 so that we can assist you with complying with the reporting requirements and ensuring your documents properly address same. Freeman, Freeman & Smiley, LLP’s real estate practice encompasses all aspects of transactional real estate, including purchase and sale agreements, commercial leasing, finance and joint ventures.

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