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Practice Of Real Estate DisclosuresNatural_hazard_disclosureMEDIUM

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?

Correct Answer

A) Yes, the agent may rely on a report from a qualified third-party NHD company and is not liable for errors in that report if the agent acted in good faith

Under California Civil Code §1103.4, a seller or agent may rely on a report from a qualified third-party NHD company. If the agent uses such a report in good faith, the agent is not liable for errors or inaccuracies in the report. This safe harbor encourages the use of professional NHD services.

Answer Options
A
Yes, the agent may rely on a report from a qualified third-party NHD company and is not liable for errors in that report if the agent acted in good faith
B
Yes, but only if the third-party company is licensed by the California DRE
C
No, the agent must personally research each of the six hazard zones using government maps
D
Yes, but the agent remains personally liable for any inaccuracies in the third-party report

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Related Topics & Key Terms

Key Terms:

NHDthird_party_reportgood_faithagent_liabilityCal_Civil_Code_1103.4
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