California Civil Code ARTICLE 2 - Duty to Prospective Purchaser of Real Property

  • Section 2079.
    (a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code,...
  • Section 2079.1.
    The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases of...
  • Section 2079.2.
    The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise...
  • Section 2079.3.
    The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to...
  • Section 2079.4.
    In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date...
  • Section 2079.5.
    Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts...
  • Section 2079.6.
    This article does not apply to transfers which are required to be preceded by the furnishing, to a prospective transferee, of a copy of a...
  • Section 2079.7.
    (a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a transferee in connection with the transfer...
  • Section 2079.8.
    (a) If a Homeowner’s Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a transferee in connection with...
  • Section 2079.9.
    (a) If a Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a transferee in...
  • Section 2079.10.a.
    (a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program adopted pursuant to Section...
  • Section 2079.10.5.
    (a) Every contract for the sale of residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type,...
  • Section 2079.10a.
    (a) Every lease or rental agreement for residential real property entered into on or after July 1, 1999, and every contract for the sale of residential...
  • Section 2079.11.
    (a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but not limited...
  • Section 2079.12.
    (a) The Legislature hereby finds and declares all of the following:(1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger, 152 Cal. App....
  • Section 2079.13.
    As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:(a) “Agent” means a person acting under provisions of Title...
  • Section 2079.14.
    Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in...
  • Section 2079.15.
    In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent, or an associate...
  • Section 2079.16.
    The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the front...
  • Section 2079.17.
    (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction...
  • Section 2079.18.
    No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as...
  • Section 2079.19.
    The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular...
  • Section 2079.20.a.
    Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically prohibited...
  • Section 2079.21.
    A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing...
  • Section 2079.22.
    Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not,...
  • Section 2079.23.
    (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the...
  • Section 2079.24.
    Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents,...

Last modified: October 22, 2018