(a) A person who is acting as an agent for a transferor of real property that is located within a delineated earthquake fault zone, or the transferor, if he or she is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a delineated earthquake fault zone.
(b) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a delineated earthquake fault zone.
(2) A map that includes the property has been provided to the city or county pursuant to Section 2622, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means:
(1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code.
(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.
(d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a delineated earthquake fault hazard zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.
(e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor:
(1) Persons specified in Section 1103.11 of the Civil Code.
(2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code.
(f) For purposes of this section, Section 1103.13 of the Civil Code shall apply.
(g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(Amended by Stats. 1999, Ch. 876, Sec. 8. Effective January 1, 2000.)
Last modified: October 25, 2018