Under California law, the listing agent has a duty to conduct a visual inspection of the property and report findings on the TDS. All of the following are within the scope of the agent's visual inspection duty EXCEPT:
Correct Answer
D) Testing the functionality of the property's electrical wiring inside the walls
Under California Civil Code §2079, the agent's duty is limited to a visual inspection of accessible areas. Testing electrical wiring inside walls is an invasive procedure that goes beyond visual inspection and requires a licensed electrician or home inspector. The agent is not expected to open walls or test hidden systems.
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Previous Question
A seller completes a TDS for a property in Ventura County and discloses that the septic system was installed in 1990, but omits that the system overflowed last winter. The listing agent learned of the overflow during a conversation with the seller prior to listing. The buyer purchases the property and later discovers the septic history. Which of the following best describes the potential liability?
Next Question
Under California law, both the listing agent and the buyer's agent have independent duties to conduct a reasonably competent and diligent visual inspection of a residential property. Which of the following forms is used in California real estate practice to document the findings of that inspection?