Rachel is buying a condo in San Francisco. The seller's TDS states no known defects. Rachel's agent, Michael, conducts his visual inspection and notices significant cracks in interior walls suggesting structural issues. Under California law, what is Michael's obligation?
Correct Answer
A) Disclose the wall cracks on his agent section of the TDS and recommend the buyer obtain a professional structural inspection
Under California Civil Code §2079, both the listing agent and buyer's agent have independent visual inspection duties. Michael must note the wall cracks in his agent section of the TDS. As a fiduciary to Rachel, he should also recommend she obtain a professional inspection to evaluate the severity.
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Frank, a listing agent in Santa Clara, asks the seller when the TDS must be delivered to the buyer. Under California Civil Code §1102.3, the TDS must be delivered:
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Victor, a licensed broker in California, represents a seller in the sale of a triplex. Six months after closing, the buyer discovers extensive termite damage concealed behind drywall. The buyer sues Victor, who claims the damage was hidden during his inspection. Which defense is MOST likely to protect Victor?