A California seller is aware that their single-family home was previously used as a methamphetamine manufacturing site. The property has since been cleaned, but no certificate of clearance has been issued. Under California Health and Safety Code §25400.28, what is the seller's disclosure obligation?
Correct Answer
A) The seller must disclose the prior methamphetamine manufacturing to the buyer, regardless of whether remediation has occurred
Under California Health and Safety Code §25400.28, a seller who has actual knowledge that a property was used for methamphetamine manufacturing must disclose that fact to prospective buyers. This obligation exists even if the property has been cleaned, because the absence of a certificate of clearance means the contamination status is unresolved and remains a material fact affecting habitability and value.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Practice Of Real Estate Disclosures Question
Background Knowledge for Practice Of Real Estate Disclosures
Real World Application in Practice Of Real Estate Disclosures
Common Mistakes to Avoid on Practice Of Real Estate Disclosures Questions
Related Topics & Key Terms
Key Terms:
More Practice Of Real Estate Disclosures Questions
All exemplify lawful private real estate controls except:
A landlord must give a month-to-month tenant how many days' notice to terminate the tenancy in California (for tenancies less than one year)?
A California apartment complex was built in 1985. A wheelchair-bound applicant applies for a ground-floor unit and asks the landlord to widen the doorways to accommodate the wheelchair. Under fair housing law, who is responsible for the cost of the modification?
A property in a California Mello-Roos district has a base Proposition 13 property tax of 1% on its assessed value of $600,000, plus a Mello-Roos special tax of $3,200 per year. What is the total annual property tax bill for this property?
A California buyer's agent conducts a visual inspection of a property and observes extensive, recently applied caulking around all window frames and along the base of the exterior walls. What is the buyer's agent's most appropriate next step?
- → A California buyer's agent conducts a visual inspection and notices that the property's water heater is not strapped to the wall as required by California law for seismic safety. Under California Health and Safety Code §19211, water heaters must be braced. What should the buyer's agent do?
- → Tenant died in apartment unit two years ago. Landlord discloses death to prospective tenant, mentioning AIDS-related cause. Which statement is correct?
- → A homeowner in a California Mello-Roos district wants to pay off the remaining Mello-Roos bond obligation on their property. The outstanding principal balance of the bonds allocated to the property is $35,000, and the CFD charges a 3% prepayment premium. What is the total payoff amount?
- → Under California's Mello-Roos Community Facilities Act, special taxes levied within a CFD may fund all of the following EXCEPT:
- → A buyer in Los Angeles asks her agent about the difference between the TDS and the NHD. Which statement BEST explains the distinction?
- → Consider a prepaid rental listing service that intends to relocate. When is the listing service required to provide notice of the new address and telephone number to its clients?
- → In California, the Transfer Disclosure Statement (TDS) must be provided by:
- → After smoking, this is the second leading cause of lung cancer. A naturally occurring gas that forms in rocks, soil, and water:
- → Broker discovering defect before settlement must:
- → Under California law, sellers must disclose earthquake risks for homes built before:
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Previous Question
A California listing agent inspects a property in Long Beach and observes water stains on the ceiling and a water heater missing the required earthquake strapping. The seller insists the stains are from a spill, not a leak. Which statement BEST describes the agent's TDS obligation?
Next Question
Tom is a buyer who receives a Transfer Disclosure Statement from the seller of a home in Bakersfield, California. The TDS is delivered to Tom by mail. Under California Civil Code §1102.3, how many days does Tom have to exercise his right to rescind the purchase agreement after receiving the TDS?