| In
a sale of real property with one to four dwelling units
(or a manufactured home as defined in Health and Safety
Code Section 18007), the listing and selling brokers
must each conduct a reasonably competent and diligent
visual inspection of the property and disclose to the
prospective buyer all material facts affecting the value,
desirability, and intended use of the property.
This inspection/disclosure requirement applies to residential
property of 1-4 units but does not apply if the sale
is made pursuant to a subdivision public report or the
sale is exempt from the public report requirement pursuant
to Business and Professions Code Section 11010.4 (sale
of completed homes within city limits, with all improvements
necessary for occupancy either completed or guaranteed
by financial arrangements), provided the property has
not been previously occupied.
Agents do not have to inspect:
• areas not reasonably accessible;
• areas off the site of the property;
• public records or permits concerning the title
or use of the property; and
• common area if the property is in a common interest
development and the seller or broker complies with Civil
Code Section 1368.
Nothing in the law relieves a buyer of the duty to
exercise reasonable care to protect himself/herself
by considering facts that are known to or within the
reasonably diligent attention and observation of the
buyer.
The agent’s inspection certification is contained
in the Real Estate Transfer Disclosure Statement.
Civil Code Section 2079 et seq.
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