A California listing agent inspects a property and notices no visible issues. However, during the transaction, the buyer's home inspector discovers serious foundation cracks hidden behind a false wall in the basement. The buyer sues the listing agent for failing to discover the defect. Under California law, what is the listing agent's best defense?
Correct Answer
A) The listing agent's duty under Cal. Civil Code §2079 is limited to accessible areas, and a concealed space behind a false wall is not an accessible area
Under Cal. Civil Code §2079, the listing agent's visual inspection duty covers accessible areas only. A defect hidden behind a false wall in a basement is not in an accessible area. If the agent conducted a reasonably competent inspection of accessible areas and found nothing, the agent has satisfied the statutory duty. The concealed nature of the defect is the key defense.
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