California real estate disclosure laws California Real Estate Disclosures | Page 28

defined in Section 18007 of the Health and Safety Code, a pamphlet entitled,
“Environmental Hazards: A Guide for Homeowners, Buyers, Landlords, and
Tenants.” If the buyer receives the pamphlet, neither the seller nor any agent
in the transaction is required to furnish more information concerning such
hazards, unless the seller or the agent(s) has/have actual knowledge of the
existence of an environmental hazard on or affecting the property.
NOTE: The environmental hazards pamphlet has been maintained and
updated by the California Association of REALTORS® for several years. It
is available for purchase at http://www.car.org/mall/mall.htm or from Val
Forms, a private vendor, at [phone].
(CAL. CIV. § 2079.7)

F. Delivery of Structural Pest Control Inspection and
Certification Reports
The law does not require that a structural pest control inspection be
performed prior to transfer of a real property. However, if required by the
purchase contract or by the lender, the seller or the seller’s agent(s) must
deliver to the buyer a copy of the report and written certification, prepared
by a registered structural pest control company, regarding the presence or
absence of wood-destroying organisms. Delivery must occur before transfer
of title.
If more than one real estate broker is acting as the seller’s agent, the broker
who obtained the offer is responsible for delivery of the report in person or
by mail, unless the seller directs otherwise in writing. The real estate broker
responsible for delivery must retain for 3 years a record of the actions taken
to effect delivery.
(CAL. BUS. & PROF. §§ 8519 et. seq., 10148; CAL. CIV. § 1099;
COMMISSIONER’S REGULATION 2905)

G. Energy Conservation Retrofit and Thermal Insulation
Disclosures
State law prescribes minimum energy conservation standards for all new
construction. Some local governments also have ordinances that impose
additional energy conservation measures on new and/or existing homes.
These local ordinances may impose energy retrofitting as a condition of the
sale of an existing home. The seller and/or the seller’s agent(s) are to
disclose to a prospective buyer the requirements of the various ordinances,
as well as who is responsible for compliance.
Federal law requires that a “new home” seller (including a subdivider)
disclose in every sales contract the type, thickness, and R-value of the

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