ARTICLE 2. Duty to Prospective Purchaser of Real Property

Heading of Article 2 amended by Stats. 2014, Ch. 200, Sec. 1.

§§ 2079–2079.25 · 27 sections

§ 2079 (a) It is the duty of a real estate broker or salesperson, licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code, to a…
§ 2079.1 The provisions of this article relating sale transactions of residential real property comprising one to four dwelling units apply with equal force to leases…
§ 2079.2 The standard of care owed by a broker under this article is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by…
§ 2079.3 The inspection to be performed pursuant to this article does not include or involve an inspection of areas that are reasonably and normally inaccessible to…
§ 2079.4 In no event shall the time for commencement of legal action for breach of duty imposed by this article exceed two years from the date of possession, which…
§ 2079.5 Nothing in this article relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself or herself, including those facts…
§ 2079.6 This article does not apply to sales which are required to be preceded by the furnishing, to a prospective buyer, of a copy of a public report pursuant to…
§ 2079.7 (a) If a consumer information booklet described in Section 10084.1 of the Business and Professions Code is delivered to a buyer in connection with the sale of…
§ 2079.8 (a) If a Homeowner’s Guide to Earthquake Safety described in Section 10149 of the Business and Professions Code is delivered to a buyer in connection with the…
§ 2079.9 (a) If a Commercial Property Owner’s Guide to Earthquake Safety described in Section 10147 of the Business and Professions Code is delivered to a buyer in…
§ 2079.10 (a) If the informational booklet published pursuant to Section 25402.9 of the Public Resources Code, concerning the statewide home energy rating program…
§ 2079.10.5 (a) Every contract for the sale of single-family residential real property entered into on or after July 1, 2013, shall contain, in not less than 8-point type,…
§ 2079.10a (a) Every lease or rental agreement for single-family residential real property entered into on or after July 1, 1999, any leasehold interest in real property…
§ 2079.11 (a) Except as provided in subdivision (b), to the extent permitted by law, the consumer information publications referred to in this article, including, but…
§ 2079.12 (a) The Legislature hereby finds and declares all of the following: (1) That the imprecision of terms in the opinion rendered in Easton v. Strassburger, 152…
§ 2079.13 As used in this section and Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) “Agent” means a person…
§ 2079.14 (a) A copy of the disclosure form specified in Section 2079.16 shall be provided in a real property transaction as follows: (1) The seller’s agent, if any,…
§ 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and…
§ 2079.16 The disclosure form required by Section 2079.14 shall have Sections 2079.13 to 2079.24, inclusive, excluding this section, printed on the back, and on the…
§ 2079.17 (a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the…
§ 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency…
§ 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent’s employment, a specific form of agency relationship not specifically…
§ 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual…
§ 2079.22 Nothing in this article precludes a seller’s agent from also being a buyer’s agent. If a seller or buyer in a transaction chooses to not be represented by an…
§ 2079.23 (a) A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which…
§ 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,…
§ 2079.25 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.