Get the P2P iPhone App
Search the site

Real Estate Q and A's > For Home Sellers > Selling? Things you must disclose

Search the FAQ for entries containing:

California State law, Assembly Bill 1195, mandates that sellers of real estate and their agents MUST disclose to the buyers whether or not the property being sold is in any of the following natural hazard zones:

Flood Hazards

Fire Hazards

Geologic Hazards

Therefore, to comply with the law and to protect yourself from liability it is recommended that a Property Disclosure Report is ordered, which:

Fully complies with California AB1195 law

Exempts you and Blake and Diana from liability

Discloses all natural hazard zones in an easy to understand report

Gives errors and omissions insurance protection to you

What areas are considered natural hazard areas?

Below are some natural hazard areas: 

Zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968. 

An area that may be at risk of forest fire or brush fire. 

An earthquake fault zone (usually about 1/4 of a mile radius). 

A seismic hazard zone (risk of damage by ground shaking, landslide or soil liquefaction). 

Radon zones, which are throughout Southern California.

An area which will flood if a dam breaks. A property must be marked as being in a natural hazard area unless a form prepared by an expert according to Civil Code Section 1102.4 is attached.

What is the liability?

Liability comes from not disclosing available and/or known information, and the failure to disclose results in material damages. If it can be proven that the information was known and/ or reasonably available to the seller or the seller’s agent, then a liability case can be established.

Last updated on January 24, 2012 by Blake Roberts