California real estate disclosure laws California Real Estate Disclosures | Page 26
Rule defines a residential dwelling as a single-family dwelling or a singlefamily dwelling unit in a structure that contains more than one separate
residential dwelling unit, and in which each such unit is used or occupied or
intended to be used or occupied, in whole or in part, as the residence of one
or more persons.
Properties affected by the Rule are termed “target housing.” Target housing
does not include pre-1978 housing which is:
•
Sold at a foreclosure sale (but a subsequent sale of such a property is
covered);
•
A “0-bedroom dwelling” (e.g., a loft, efficiency unit or studio);
•
A dwelling unit leased for 100 or fewer days (e.g., a vacation home or
short-term rental), provided the lease cannot be renewed or extended;
•
Housing designated for the elderly or handicapped, unless children
reside or are expected to reside there;
•
Leased housing for which the requirements of the Rule have been
satisfied, no pertinent new information is available, and the lease is
renewed or renegotiated; or
•
Rental housing that has been inspected by a certified inspector and
found to be free of lead-based paint.
Sellers and lessors of units in pre-1978 multifamily structures must provide a
buyers or lessees with any available records or reports pertaining to leadbased paint and/or lead-based paint hazards in areas used by all the residents
(e.g., stairwells, lobbies, recreation rooms, laundry rooms, etc.). If there has
been an evaluation or reduction of lead-based paint and/or lead-based paint
hazards in the entire structure, the disclosure requirement extends to any
available records or reports regarding the other dwelling units.
The Rule requires that a seller of target housing offer a prospective buyer 10
days to inspect for lead-based paint and lead-based paint hazards. The 10
days to inspect can be increased, decrea