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?
Correct Answer
C) Victor's duty under Cal. Civil Code §2079 is limited to visual inspection of accessible areas and does not require invasive investigation behind walls
Under California Civil Code §2079, the agent's duty is limited to a reasonably competent and diligent visual inspection of accessible areas. The agent is not required to open walls or conduct invasive investigations. If the termite damage was genuinely concealed behind intact drywall with no visible indicators, Victor has a strong defense.
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Previous Question
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?
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In California, the Transfer Disclosure Statement (TDS) is required by which statute?