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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Related Topics & Key Terms
Key Terms:
Related Concepts
Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
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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 seller in Sacramento is selling a single-family home. The listing agent wants to ensure accurate NHD information. Under California law, can the seller's agent rely on a third-party NHD report from a qualified company to satisfy the disclosure requirement?
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Under California law, how often must a broker reconcile the trust account?
- → 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)?
- → A California broker is ready to assign a new salesperson to handle client showings and write offers. Under Cal. B&P Code §10159.2 and DRE regulations, which of the following best describes the broker's licensing-related responsibility before the salesperson begins working?
- → 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?
- → During a DRE audit of a California broker's office, the auditor finds that the last completed trust account reconciliation is dated eight months ago. Which of the following best describes the broker's compliance status under Commissioner's Regulation 2831.2?
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Previous Question
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?
Next Question
Lisa is selling a townhome in California. Her property is part of a homeowners association (HOA). In addition to the TDS, what additional disclosures must Lisa provide to the buyer regarding the HOA?