Civil Code - CIV § 1103
Cal. CIV § 1103
California Statutes
(
a) For purpose of this article, the
definitions in
Chapter 1 (commencing with
Section 10000) of Part of Division of the Business and Professions Code shall apply. (
b) Except as provided in
Section 1103.1, this
article applies to a sale, exchange, real property sales contract, as defined in
Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential real property. (
c) This
article shall apply to the transactions described in subdivision (
b) only if the seller or his or her agent is required by one or more of the following to disclose the property’s location within a hazard zone:
(1) A seller’s agent for a seller of real property that is located within a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a special flood hazard area if either: (
A) The seller, or the seller’s agent, has actual knowledge that the property is within a special flood hazard area. (
B) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area 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 parcel list.
(2) A seller’s agent for a seller of real property that is located within an area of potential flooding designated pursuant to
Section of the Water Code, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within an area of potential flooding if either: (
A) The seller, or the seller’s agent, has actual knowledge that the property is within an inundation area. (
B) The local jurisdiction has compiled a list, by parcel, of properties that are within the inundation area 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 parcel list.
(3) A seller of real property that is located within a very high fire hazard severity zone, designated pursuant to
Section of the Government Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a very high fire hazard severity zone and is subject to the requirements of
Section of the Government Code if either: (
A) The seller or the seller’s agent, has actual knowledge that the property is within a very high fire hazard severity zone. (
B) A map that includes the property has been provided to the local agency pursuant to
Section of the Government Code 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 local agency.
(4) A seller’s agent for a seller of real property that is located within an earthquake fault zone, designated pursuant to
Section of the Public Resources Code, or the seller, if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a delineated earthquake fault zone if either: (
A) The seller, or the seller’s agent, has actual knowledge that the property is within a delineated earthquake fault zone. (
B) A map that includes the property has been provided to the city or county pursuant to
Section of the Public Resources Code 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.
(5) A seller’s agent for a seller of real property that is located within a seismic hazard zone, designated pursuant to
Section of the Public Resources Code, or the seller if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a seismic hazard zone if either: (
A) The seller, or the seller’s agent, has actual knowledge that the property is within a seismic hazard zone. (
B) A map that includes the property has been provided to the city or county pursuant to
Section of the Public Resources Code 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.
(6) A seller of real property that is located within a state responsibility area determined by the board, pursuant to
Section of the Public Resources Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of
Section of the Public Resources Code if either: (
A) The seller, or the seller’s agent, has actual knowledge that the property is within a wildland fire zone. (
B) A map that includes the property has been provided to the city or county pursuant to
Section of the Public Resources Code 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. (
d) Any waiver of the requirements of this
article is void as against public policy.