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Laws Of Agency Fiduciary DutiesFiduciary_dutiesMEDIUM

A listing agent becomes aware that a registered sex offender lives near a property the agent has listed for sale. Which of the following best describes the agent's disclosure obligation under California law?

Correct Answer

B) The agent is not required to investigate or disclose the location of registered sex offenders, but the purchase contract must include a notice directing buyers to the Megan's Law database

California Civil Code §2079.10a provides that real estate agents are not required to independently investigate or disclose the presence of registered sex offenders in the vicinity of a listed property. However, the statute also mandates that every California residential purchase contract include a specific Megan's Law notice informing buyers that sex offender registry information is publicly available through law enforcement and at meganslaw.ca.gov. The agent's obligation is to ensure this notice is included in the contract, not to conduct an independent investigation.

Answer Options
A
The agent must proactively disclose the sex offender's proximity as a material fact affecting the property's value
B
The agent is not required to investigate or disclose the location of registered sex offenders, but the purchase contract must include a notice directing buyers to the Megan's Law database
C
The agent must disclose the information only if the buyer asks a direct question about neighborhood sex offenders
D
The agent has no obligation regarding sex offender information and may not reference the Megan's Law database under any circumstances

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Related Topics & Key Terms

Key Terms:

Megans_Lawsex_offenderdisclosuredatabase_referralCivil_Code_2079_10a
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