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.
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More Practice Of Real Estate Disclosures Questions
At a DRE administrative disciplinary hearing in California, what standard of proof must the Department meet to sustain a finding against a licensee?
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- → A California broker places an ad that states: 'As seen on HGTV — our agents are the best in the state!' None of the broker's agents have appeared on HGTV. Under California law, this advertisement:
- → Under California law, several disclosures relate to property taxes and special assessments. All of the following must be disclosed to a buyer 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)?
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- → George, a California seller, completes the TDS for his home in Anaheim. He marks 'Yes' to the question about whether he is aware of any room additions or structural modifications. He then writes that he added a bedroom and bathroom three years ago with a building permit. Under California law, is this disclosure adequate?
- → A salesperson receives a $2,000 cash earnest money deposit from a buyer during a property showing. Under Commissioner's Regulation 2832, what is the salesperson's required next step?
- → A commission check payable to a California brokerage arrives after a transaction closes. The salesperson who closed the deal asks the broker to endorse the check directly to the salesperson rather than processing it through the brokerage. Under DRE regulations, what is the broker's correct course of action?
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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?