Residential Environmental Hazards Booklet Disclosure

The information presented on this website is believed to be accurate, but may not be a complete representation of the law and is not to be considered as specific advice on your real estate transaction from a professional. Every real estate transaction is different, consult an appropriate professional for advice on your particular transaction.

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Disclosure Description:

This is an optional booklet that is provided to the buyer. It provides legal protections to sellers if provided.

A California seller of residential real property consisting of 1 to 4 dwelling units (with a few exceptions) must give the buyer a Real Estate Transfer Disclosure Statement (TDS). The statement must specify environmental hazards of which the seller is aware (e.g., asbestos, radon gas, lead-based paint, formaldehyde, fuel or chemical storage tanks, contaminated soil or water, etc.). The seller or the seller’s agent(s) may give the buyer of real property subject to Section 1102 of the Civil Code or of any other real property, including manufactured housing as 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.

Cal. Civ. Code § 2079.7
State of California Department of Real Estate "Disclosures in Real Property Transactions" 6th Edition

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