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Practice Of Real Estate DisclosuresAgent_visual_inspectionHARD

A California listing agent observes water stains on a bedroom ceiling and visible roof patches during a visual inspection. The seller states the roof was professionally repaired six months ago. Under Cal. Civil Code §2079, which approach correctly reflects the agent's disclosure obligations?

Correct Answer

B) Disclose the ceiling stains and roof patches as observed conditions, and record the seller's repair representation separately

Under Cal. Civil Code §2079, the listing agent must independently document all conditions observed during the visual inspection. The ceiling stains and visible roof patches are observable findings that must be reported regardless of the seller's explanation. The seller's representation about the repair is relevant context and should be noted separately, but it does not satisfy or replace the agent's independent disclosure obligation.

Answer Options
A
Document only the seller's repair history, since a licensed contractor's work supersedes the agent's visual observations
B
Disclose the ceiling stains and roof patches as observed conditions, and record the seller's repair representation separately
C
Disclose the ceiling stains but omit the roof patches, since the seller has already provided an explanation for them
D
Flag the observations as inconclusive and defer all documentation until the buyer retains a licensed home inspector

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Related Topics & Key Terms

Key Terms:

visual_inspectionroofwater_stainsdocumentationCal_Civil_Code_2079

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

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.

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