A buyer directly asks a seller's agent whether anyone has ever died in the property. The only death on record occurred four years ago from natural causes. Under California Civil Code §1710.2, how must the agent respond?
Correct Answer
B) The agent must disclose the death because the buyer directly asked, even though it occurred more than three years ago
Under California Civil Code §1710.2, a seller or agent is not required to voluntarily disclose a death that occurred more than three years before the date of the offer. However, the statute explicitly preserves the buyer's right to ask, and if a buyer directly inquires about deaths on the property, the agent must answer truthfully regardless of when the death occurred. Because the buyer in this scenario directly asked, the agent is obligated to disclose the death honestly.
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