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Practice Of Real Estate DisclosuresNatural_hazard_disclosureHARD

Under California Civil Code §1103, the Natural Hazard Disclosure requirement applies to transfers of residential property with one to four units. Which of the following transactions is EXEMPT from the NHD requirement?

Correct Answer

C) A sale of residential property transferred pursuant to a court order in a probate proceeding

California Civil Code §1103.1 exempts transfers made pursuant to court order from the NHD requirement. In a probate proceeding, when a sale is court-confirmed, the transfer qualifies under this exemption because it is effectuated by court order rather than by voluntary agreement between parties. The statutory basis is the nature of the transfer — court-ordered — not the fiduciary's level of knowledge about the property.

Answer Options
A
A sale of a three-unit residential building from a private owner to an investor
B
A sale of a single-family home between private parties in an arm's-length transaction
C
A sale of residential property transferred pursuant to a court order in a probate proceeding
D
A sale of a condominium unit located within a Very High Fire Hazard Severity Zone

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Related Topics & Key Terms

Key Terms:

NHDexemptionsprobatefiduciaryCal_Civil_Code_1103.1

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