California's New Water-Conserving Plumbing Fixtures Law

[Wes Blackwell]

Starting January 1st, 2017 California is requiring "that all noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures... 

"The bill would require, on and after January 1, 2017, that a seller or transferor of single-family residential real property, multifamily residential real property, or commercial real property disclose to a purchaser or transferee, in writing, specified requirements for replacing plumbing fixtures, and whether the real property includes noncompliant plumbing. The bill would require, on and after January 1, 2017, a seller of certain residential real property to make a specified disclosure in this regard. The bill would permit an owner or the owner’s agent to enter rental property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures, as specified..." 

Read more at: https://leginfo.legislature.ca.gov/faces/billNavCl...

Just had my first transaction where this has become an issue... seller countered our offer simply to disclose that the water fixtures are non-compliant, and that section 7B2(i) and 7B2(ii) (the government compliant retrofit standards) of the residential purchase agreement are "the responsibility of the buyer as the seller will no longer have any future interest in the property."

Sooo... that brings the question, how is this going to be enforced? Primarily by the lenders? Are we really going to make installing new plumbing fixtures a part of every single transaction?! Appraisers are supposed to evaluate whether or not a toilet or faucet is water conserving? 

And what's going to be the standard going forward for who's responsibility is it to pay for it? The buyer or the seller? Let's hear some thoughts on the issue!