A first-time buyer in San Diego asks their agent what happens if the seller fails to provide an NHD before closing. Under California law, what right does the buyer have?
Correct Answer
D) The buyer may terminate the agreement within 3 days of learning the NHD was not provided, if escrow has not closed
Under California Civil Code §1103.3, if the NHD is not provided before closing, the buyer retains the right to terminate. Once the buyer learns the NHD was not delivered, the buyer has 3 days (personal notice) or 5 days (mail notice) to exercise rescission if escrow has not yet closed.
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Previous Question
A California listing agent knows from personal experience that a property in Pacific Palisades is in an area that frequently experiences coastal erosion and mudslides. The NHD report does not flag the property for any of the six statutory hazard zones. The agent provides only the NHD report and does not separately disclose the erosion and mudslide risk. After closing, a mudslide damages the property. What liability does the listing agent face?
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A property in a State Fire Responsibility Area (SRA) in El Dorado County lacks the vegetation clearance required by California law. Under California law, who is legally responsible for maintaining defensible space around structures on private property within an SRA?