Selling in Oakland? Check Your Sidewalk Before You List

Selling a home in Oakland? Look at your sidewalk before you list. Oakland has a sidewalk compliance ordinance that applies when a home is sold. The sidewalk in front of your home is public, but the city can hold the homeowner responsible for its condition.

Tanja Odzak is a Top East Bay Realtor with eXp Realty, helping sellers in Oakland, Berkeley and across the East Bay. This guide covers what the rule asks, why I encourage a bid early, and how a buyer can fit into the plan.

Cracks, lifted slabs, and damage from tree roots are the usual problems. These are things you can often see from the front walk, and they are worth a look before photos are taken and the home goes live.

I always encourage sellers to get a sidewalk bid early. A bid tells you two things.

• Whether your sidewalk already complies.
• What it would cost to bring it into compliance, if it does not.

Having that information before you list lets us plan instead of react, the same way inspections do for the rest of the home. I explain that approach in should you get inspections before you list.

Whether to get the certificate before the sale depends on your home and your situation. Sometimes it makes sense. Sometimes it does not. We decide together, once we know what the bid shows and what your timeline looks like.

If you do not bring the sidewalk into compliance yourself, you can ask the buyer to take it on. There is no guarantee they will. It is a point of negotiation, and it depends on the home, the market, how competitive the offers are, and the price.

I would never tell you it is automatic either way. Once it is agreed in the purchase agreement, you need one of two things.

• A compliance certificate.
• An extension certificate that gives time to do the work.

The way that agreement sits next to the buyer's other deadlines is covered in contingencies and the dates that matter after you accept an offer.

1. Walk the front of your home. Look for cracks, lifted slabs, and anything the tree roots have moved.
2. Get a sidewalk bid. It shows whether the sidewalk complies and what the work would cost.
3. Decide the plan with me. Get the certificate before the sale, or ask the buyer to take it on.
4. Put it in the purchase agreement. Once it is agreed, you need a compliance certificate or an extension certificate.

Doing the first two steps before you list keeps this from becoming a surprise when offers arrive. It is the same idea as ordering inspections first: you learn what is going on while you still have the most room to decide.

Not looking until the home is in contract. The sidewalk is easy to overlook because it is public, but the city can hold the homeowner responsible for it.

Assuming the buyer will take it on. You can ask, but there is no guarantee, and it is a point of negotiation like any other term.

Guessing at the cost. A bid replaces the guess with a number for your own sidewalk.

This rule is Oakland only. If your home is in another city, check what your city requires, and ask me. Oakland homes can also come with a sewer lateral requirement, which I explain in sewer lateral compliance for East Bay sellers. The city can update its rules, so confirm the current requirements before you decide.

Start with a free call, and I will help you plan for it. We look at your sidewalk, your timeline, and whether to get the bid and the certificate first or to negotiate it into the sale. See selling in Oakland for more on the city, and how I sell a home for where this fits.

This is general information, not legal, tax, or lending advice.