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Practice Of Real Estate DisclosuresNatural_hazard_disclosureMEDIUM

A seller in Pasadena, California, provides the NHD to the buyer at the same time as the TDS. The buyer reviews both documents and proceeds with the purchase. Two months after closing, the buyer learns that the NHD failed to identify the property as being in a Seismic Hazard Zone. Under California Civil Code §1103.13, what damages may the buyer recover?

Correct Answer

D) Actual damages suffered as a result of the omission

Under California Civil Code §1103.13, a buyer who does not receive accurate NHD information may recover actual damages suffered as a result. This could include increased insurance costs, remediation expenses, or the difference in property value due to the undisclosed hazard zone.

Answer Options
A
Only the cost of obtaining a new NHD report
B
A flat statutory penalty of $10,000 per undisclosed hazard zone
C
Treble damages as provided by California consumer protection law
D
Actual damages suffered as a result of the omission

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Related Topics & Key Terms

Key Terms:

NHDdamagesbuyer_remedyactual_damagesCal_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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