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Practice Of Real Estate DisclosuresNatural_hazard_disclosureMEDIUM

A California seller sells a single-family home without providing a Natural Hazard Disclosure. The buyer later discovers the property is in a Seismic Hazard Zone with liquefaction risk. Under California Civil Code §1103.13, what remedy does the buyer have?

Correct Answer

C) The buyer may seek actual damages suffered as a result of the failure to disclose the natural hazard zone

Under California Civil Code §1103.13, if the seller fails to provide the required NHD, the buyer may seek actual damages suffered as a result. This includes any financial harm caused by the undisclosed hazard zone, such as increased insurance costs, remediation expenses, or diminished property value.

Answer Options
A
The buyer has no remedy because the NHD is an informational document with no enforcement mechanism
B
The buyer may only recover the cost of a geological inspection, capped at $5,000
C
The buyer may seek actual damages suffered as a result of the failure to disclose the natural hazard zone
D
The buyer must file a complaint with FEMA to initiate a federal investigation

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Related Topics & Key Terms

Key Terms:

NHDseismic_hazardliquefactionbuyer_remedyCal_Civil_Code_1103.13

Related Concepts

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.

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