A California listing agent is aware that a death occurred on a residential property 18 months before the current buyer submitted an offer. The agent does not proactively disclose this fact to the buyer. The buyer discovers the history after closing and threatens legal action. Under California Civil Code §1710.2, which factor is MOST determinative in assessing whether the agent had a disclosure obligation?
Correct Answer
B) Whether the death occurred within three years before the date of the buyer's offer
California Civil Code §1710.2 provides that the occurrence of a death on a property is not a material fact that must be disclosed if the death occurred more than three years before the date on which the buyer makes an offer. Because the death in this scenario occurred only 18 months before the offer, it falls squarely within the three-year disclosure window. This timing threshold is the central and most determinative factor under the statute — it defines the boundary of the disclosure obligation regardless of other circumstances.
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Helen is selling her home in Modesto, California. She tells her listing agent that the home's central air conditioning unit stopped working six months ago, but she has not repaired it. Under the TDS requirements, what must Helen do?
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