A California listing agent inspects a hillside property and observes visible dry rot on deck support posts. The seller states a contractor recently evaluated the deck and found it structurally sound. Under Cal. Civil Code §2079, how should the agent handle this finding?
Correct Answer
A) Disclose the dry rot as an observed condition and note the seller's contractor report separately, recommending the buyer obtain independent verification
Under Cal. Civil Code §2079, the agent must disclose all conditions observed during the visual inspection, independent of any representations made by the seller or third parties. Visible dry rot on structural support posts is an observable condition that must be documented. The seller's contractor report is relevant and should be noted separately, but it does not satisfy or replace the agent's own disclosure. Recommending buyer verification ensures the buyer can make an informed decision.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
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- → A California salesperson's personal real estate blog states, 'I closed 50 transactions last year!' The actual number was 32. A competing agent reports this to the DRE. What is the most likely regulatory outcome?
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