California Public Resources Code 2694 – (a) A person who is acting as an agent for a transferor of real …
(a) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, as designated under this chapter, 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 seismic hazard zone.
(b) Disclosure is required pursuant to this section only when one of the following conditions is met:
Terms Used In California Public Resources Code 2694
- county: includes the City and County of San Francisco. See California Public Resources Code 2693
- Fraud: Intentional deception resulting in injury to another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) The transferor, or transferor’s agent, has actual knowledge that the property is within a seismic hazard 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 § 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 § 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 seismic 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 § 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 § 1103.11 of the Civil Code.
(2) Persons acting under a power of sale regulated by § 2924 of the Civil Code.
(f) For purposes of this section, § 1103.13 of the Civil Code applies.
(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. 9. Effective January 1, 2000.)